Clovis Municipal Code Art. 1 Service Rates and Regulations

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Section 6.5.101, continuing in effect Ordinance Nos. 35, 111, 339, 349, 382, and 394, repealed by Ordinance No. 438, effective February 14, 1968. Section 6.5.102 codified from Ordinance No. 381, effective September 22, 1964, repealed by implication by Ordinance No. 438. Sections 6.5.101 thorough 6.5.139, as added by Ordinance No. 438, as amended by Ordinance Nos. 72-1, effective February 2, 1972, 75-4, effective February 19, 1975, 78-7, effective March 16, 1978, 78-32, effective September 6, 1978, 79-25, effective August 1, 1979, and 81-8, effective March 19, 1981, amended in their entirety by Ordinance No. 82-30, effective January 12, 1983.

The Public Utilities Director shall administer, implement, and enforce the provisions of this chapter, except insofar as another officer or employee of the City shall be charged with the administration or regulation of a specific provision of this chapter. The Public Utilities Director shall be responsible for preparing a water master plan, which includes an evaluation of the City's existing water supply and infrastructure, and plans for future water supply and infrastructure needs to assist in community planning and ensuring a clean, reliable, and cost-effective water supply while protecting public health and the environment.

(§ 1, Ord. 82-30, eff. January 12, 1983; Ord. 26-04, eff. 7/15/2026)

Before water shall be supplied to any premises, the owner or occupant of the property shall make a written application to the City for water service on a form provided by and containing such information as may be required by the City, including but not limited to presentation of a form of government-issued identification. Thereupon, a service connection shall be made at the nearest distribution main after the charges provided for in this section have been paid. Industrial developments for nonfood processing functions shall, as a first choice, use nonpotable water from the City's infrastructure, subject to availability to the site and as approved by the Public Utilities Director.

The applicant, on making such application, shall pay a fee of ten and no/100ths dollars ($10.00) for opening a water service account, which fee shall not be refunded.

(a) Deposits. The City shall require an applicant for water service to guarantee the payment of water and other utility user charges with a cash deposit in the sum of one hundred fifty and no/100ths dollars ($150.00) or, for commercial customers and multifamily customers, a deposit of an amount equal to the sum of the minimum water, sewer, street sweeping, recycling, greenwaste and refuse service as requested by the customer for one billing period. If such customer has previously been a water service customer of the City (within the corporate limits of the City) for at least two (2) years and does not currently carry a delinquent balance, they will not be required to pay the deposit.

(b) Return of deposits. Deposits shall be held by the City for a minimum period of two (2) years. The deposit shall be returned to the customer after two (2) years, but not sooner than six (6) months after any one delinquency, if more than one.

(c) Purchaser's responsibility. An owner or purchaser of a premises maintaining water or sewer connections shall assume responsibility for financial obligations of such service effective the date possession of the property is taken.

(§ 1, Ord. 82-30, eff. January 12, 1983; as amended by § 1, Ord. 83-9, eff. May 18, 1983; § 1, Ord. 91-26, eff. July 1, 1991; § 1, Ord. 04-39, eff. October 7, 2004; § 1, Ord. 09-21, eff. December 2, 2009; § 1, Ord. 16-08, eff. June 1, 2016; § 1, Ord. 20-01, eff. March 4, 2020; § 1, Ord. 23-10, eff. October 5, 2023; Ord. 26-04, eff. 7/15/2026)

(a) Basic Rates and Service Charges. Unless otherwise provided in an extraterritorial service agreement as provided in Section 6.5.104, each customer in the City's service area connected to the City's water system shall pay, as a condition of water service, applicable rates and service charges as established by City Council resolution.

(b) Drought Response Rates During Declared Water Emergency. Notwithstanding subsection (a) above, during any declared state of emergency by the State or City related to potable water conditions that mandate water conservation in the City, when State or Federal regulations that mandate water conservation in the City are in effect, or during local water shortages, a drought response surcharge as approved by City Council resolution shall be applicable and added to the basic volume rates for water.

(c) For any standby service, including fire sprinkler systems, the availability charge to each customer shall be an amount established by City Council resolution.

(d) As a condition of and prior to the issuance of any building permit for the construction of a building where water service is to be utilized, but where no water meter has been installed, the person to whom such permit is issued shall pay an on-site construction water charge for each service in an amount established by City Council resolution for a period of time not to exceed twelve (12) months provided the permittee installs, at his cost, an approved spacer. At the conclusion of said twelve (12) months, water service will only be provided after the installation of a water meter in accordance with the regulations set forth in this article. The spacer shall become the property of the City.

(e) Any person receiving a permit to take water from a fire hydrant shall pay a hydrant meter fee in an amount established by City Council resolution and the applicable water volume rate for water used as established by City Council resolution.

(§§ 7—9, Ord. 09-21, eff. December 2, 2009; § 2, Ord. 16-08, eff. June 1, 2016; Ord. 26-04, eff. 7/15/2026)

(a) Notwithstanding any other provision of this chapter, City water service may be provided outside the City service area pursuant to an extraterritorial service agreement which may include requirements, payments, rates, or charges than otherwise imposed on customers within the City service area and connected to the City's water system.

(§§ 7—9, Ord. 09-21, eff. December 2, 2009; § 2, Ord. 16-08, eff. June 1, 2016; Ord. 26-04, eff. 7/15/2026)

Regular utility bills shall be issued on a bimonthly basis according to the billing dates established by the Director of Finance. Utility bills shall include charges for all city utility services.

(a) Payment. All charges for water shall be due and payable on the billing date. All unpaid water charges shall become delinquent at 12:01 a.m. on the day after the due date indicated on the utility bill.

(b) Proration. The charges for water shall be prorated to the nearest ten percent (10%) of the billing period as determined by the date of the starting and ending of service as recorded by the Finance Department upon notification to the Finance Department by the owner or occupant.

(c) Meter failures. If a meter fails to register during any billing period or is known to register inaccurately, the consumer shall be charged on the basis of the consumption as shown by the meter when in use and registering accurately over a period of one year or, in the event the consumer has not received water for a period of one full year, then over such lesser period.

(d) Consumers' dissatisfaction with meters. In case of a consumer's dissatisfaction with the registration of any meter, the consumer shall make a written complaint to the Director of Finance, together with a deposit of eighty-four and no/100ths dollars ($84.00), which sum will be returned and the water bill equitably adjusted for a period of not to exceed the prior twelve (12) months in any case where the meter shall be found to register over three percent (3%) more than the amount of water which actually passes through the meter. The eighty-four and no/100ths dollar ($84.00) deposit shall be retained by the City and the water bill paid as rendered; if the meter is found to register less than three percent (3%) more than the amount of water which actually passes through the meter, the deposit shall be forfeited and the bill equitably adjusted for a period of not to exceed the prior twelve (12) months.

(e) Billing errors. In the event a clerical error or other circumstance occurs which creates an inaccurate billing for service charges, an adjustment shall be made in the customer's bill for a period not to exceed the maximum period as provided in the Code of Civil Procedure, either in the customer's favor or the City's favor.

(§ 1, Ord. 82-30, eff. January 12, 1983; as amended by § 4, Ord. 91-26, eff. July 1, 1991; § 1, Ord. 94-1, eff. February 17, 1994; § 2, Ord. 09-21, eff. December 2, 2009; § 2, Ord. 16-08, eff. June 1, 2016; § 2, Ord. 20-01, eff. March 4, 2020; Ord. 26-04, eff. 7/15/2026)

Each consumer about to vacate any premises supplied with water service by the City shall give advance notice of his intended move, specifying the date service is desired discontinued; otherwise, he will be held responsible for water service furnished to such premises until the City shall receive a request for the discontinuance of water service.

Discontinuation of service for nonpayment of a utility bill shall be governed by the City’s discontinuation of water service policy, available on the City Finance Department website.

(§ 1, Ord. 82-30, eff. January 12, 1983; § 2, Ord. 09-21, eff. December 2, 2009; § 3, Ord. 20-01, eff. March 4, 2020)

(a) On the eleventh day after the bill becomes delinquent, a late fee of twenty and no/100ths dollars ($20.00), in addition to the amount of the utility bill, shall be charged.

(b) If water service has been disconnected for failure to pay a utility bill as set forth in the City’s discontinuation of water service policy, the entire amount of the water bill and all fines and penalties provided hereunder shall be paid in full before water service is restored:

(1) To turn on water during operational hours, fifty and no/100ths dollars ($50.00);

(2) A fee of twenty-five and no/100ths dollars ($25.00) shall be charged on all returned checks in payment of utility charges; and

(3) In addition to any other fees or charges provided in this section, any customer requesting a turn-on of water on any Saturday, Sunday, legal holiday or before the hour of 8:00 a.m. or after the hour of 4:30 p.m. of any day shall pay an additional charge of one hundred fifty and no/100ths dollars ($150.00) for such turn-on.

(c) Accounts shall be subject to collection of any delinquent fees and charges in the following manner:

(1) At the time the fees become delinquent and until such time they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property and, as such, may be identified during a title search. For commercial businesses, delinquent account balances, including late charges, may be considered an unrecorded lien against the business name and/or owner of the business.

(2) Once a year there may be prepared a report of delinquent fees including late charges. The Council shall fix a time, date and place for hearing the report and receive any objections or protests thereto.

(3) The Council shall cause notice of hearing to be mailed to the landowners listed on the report not less than fifteen (15) days prior to the date of the hearing.

(4) At the hearing the Council shall hear any objections or protests of landowners liable to be assessed for delinquent fees including late charges and administrative fees, as set by resolution of the City Council. The Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(5) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees including late charges. A certified copy of the resolution confirming the assessments shall be filed with the County Recorder and the County Auditor-Controller/Tax Collector for the amounts of the respective assessments against the respective parcels as they appear on the current assessment roll. The lien created attaches upon filing. The assessments shall be collected at the same time and in the same manner as other property taxes and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessments. However, if, for the first year for which the charges are prescribed, the property served by the City has been transferred or conveyed to a bona fide purchaser for value, and attached thereon, prior to the date on which the first installment of County taxes would become delinquent, the charge will not result in a lien against the real property, but shall become transferred to the unsecured roll for collection.

(6) In addition to, or alternatively to, imposing a lien, the City may file an action for the collection of any amounts due and unpaid. In any such action, the delinquent balances may also be processed through a collection agency.

(7) The provisions of this section shall be applicable, in addition to this article, to the fees and charges arising from service provided under Articles 3 and 4 of this chapter.

(§ 1, Ord. 82-30, eff. January 12, 1983; as amended by § 5, Ord. 91-26, eff. July 1, 1991; Ord. 97-13, eff. June 12, 1997; § 2, Ord. 09-21, eff. December 2, 2009; § 2, Ord. 16-08, eff. June 1, 2016; § 4, Ord. 20-01, eff. March 4, 2020)

The consumer, at his own expense, shall furnish, install, and keep in repair, free from leakage and in safe condition, all service pipes, fixtures, stopcocks, and other apparatus and appliances which may be required for receiving and controlling water. The City shall not be responsible for any loss or damage caused by the improper installation of such apparatus and appliances, negligence, want of proper care, or wrongful act of the consumer or his agents, employees, or licenses installing, maintaining, using, operating, or interfering with any such apparatus or appliance.

(§ 1, Ord. 82-30, eff. January 12, 1983)

(a) Permits to use. No person shall take water through or from any fire hydrant in the City without a valid permit and shall first file with the City an application specifying the hydrant and the time desired to take such water.

Such permit may be issued by the Department of Public Utilities and shall be good only for the hydrant and time specified in the permit and shall not be transferable.

Permits may be refused any person who may be indebted to the City for water previously received by such person from the City.

(b) Use of fire hydrants. Every person using or taking water through or from any City fire hydrant shall carefully close all valves on such hydrant after use, leave the valves and hydrant in good working order, and remove any hose connection attached to such hydrant.

Any person taking water through or from any City fire hydrant shall accurately fit the valve stem or cap thereof. No person shall apply or use any wrench upon the valve stem or cap of any hydrant unless such wrench exactly fits the valve stem or cap to which applied.

Any person taking water through or from any City fire hydrant shall utilize a hydrant meter rented from the Public Utilities Department according to the permit terms. An appropriate backflow device shall be installed downstream from the hydrant meter as determined by the City.

(c) Unlawful to damage fire hydrants. No person shall intentionally damage any fire hydrant in the City.

(d) Unlawful to leave refuse near fire hydrants. No person shall in any way obstruct, or allow or cause an obstruction of, any public street or alley within twenty feet (20') of any fire hydrant in the City; provided, however, nothing in this section shall apply to any obstruction necessarily made by reason of any work of street improvement ordered by the City and for which the City has issued a permit.

(§ 1, Ord. 82-30, eff. January 12, 1983; Ord. 96-20, Amended, 12/18/1996; § 3, Ord. 09-21, eff. December 2, 2009)

(a) Only City may turn water on. No person shall tap, open, or connect any water service, and no person shall cause, permit, or allow any water main to be turned on or connected after the water service has been turned off by the City.

In the event any person turns on or connects water service after it has been turned off or disconnected by the City, the City shall again turn off or disconnect the water service, and lock or remove the water meter from the premises, and charge and collect one hundred seventy-five and no/100ths ($175.00) dollars, in addition to all other charges and penalties, before water service is restored. If, as a result of tampering, the meter or service is damaged, an additional fee of five hundred and no/100ths ($500.00) dollars shall be charged and collected in addition to all other charges and penalties, before water is restored.

(b) Water service penalties for waste or violations. For any water supplied by the City which is wasted by a customer a fee shall be charged to the customer and added to the customer's account. For the first violation, a written warning will be given to the customer. For the second violation within a one-year period, a fee of thirty and no/100ths dollars ($30.00) shall be charged. For the third violation within a one-year period, a fee of sixty and no/100ths dollars ($60.00) shall be charged. For the fourth and subsequent violations within a one-year period, a fee of ninety and no/100ths dollars ($90.00) shall be charged. For any customer who incurs within a one-year period four (4) or more water waste violations or does not comply with the water efficient landscape requirements, the City may implement any or all of the following measures:

(1) Require a customer to get a landscape evaluation, lawn water audit, and water budget, as appropriate, in order to learn efficient water use. This work would be completed at customer expense;

(2) Require a customer to repair any defects in the watering system of such customer within fourteen (14) days' notice by the City to repair;

(3) Require installation by the City of flow restrictors or termination of water service for exterior use;

(4) Termination of all water service to a customer.

In addition to the foregoing, during any declared state of emergency by the State or City related to drought or potable water conditions that mandate water conservation in the City, State or Federal regulations that mandate water conservation in the City, or during local water shortages, the City Council may by resolution adopt mandatory water usage limits and impose penalties on the customer for violations of those usage limits. The penalties shall be added to the customer's account. A violation of the usage limits shall also be deemed a violation of the Municipal Code.

Water service shall be turned off and discontinued to any premises on or from which water supplied by the City is being disposed or used in violation of any law of the City other than wasting or noncompliance with water efficient landscape requirements. Water service shall not be restored to any premises until the owner and the occupant thereof terminate any violation and agree not to continue to repeat such violation. Such agreement shall be guaranteed by a cash deposit in such sum as the Director of Finance shall fix, not to exceed one hundred and no/100ths dollars ($100.00).

(c) Meters City property. All services and all water meters installed by the City shall remain the property of the City. The expense of the maintenance, repair, and removal of such meters, due to the wear of normal service, shall be borne by the City; provided, however, any expense occasioned by any act, careless or otherwise, on the part of the consumer, or any member of his family, or any person in his employ, shall be charged to such consumer.

(d) City not responsible for water damages. The City shall not maintain or repair any water pipe from the meter to the premises served, and the City shall in no case be liable for damages occasioned by water running free from open or faulty fixtures or from broken or damaged pipes.

(e) Unlawful to connect other water. No person shall allow a connection to be made or exist between the City's water system and another source of water supply or water system unless such connection is fitted with a suitable backflow prevention device approved by the City and the County Health Office preventing water from such other source of supply entering the City's water system.

(f) Unlawful furnishing or receiving of water. No person receiving City water shall furnish such water to any premises other than that to which the City bills or meters such water, and no person shall furnish or receive City water to any premises for which the water rates prescribed by the City are not being paid.

(g) Bypass connections unlawful. Any bypass or connection around the meter between the service and the main shall be prohibited unless specifically authorized by the Director of Public Utilities for a limited period of time because of emergency work. All water used on any premises shall pass through the water meter.

(h) Unlawful entries on water facilities. No person shall climb on or upon any water tower or water tank to enter on or upon any pump house or pit without a permit from the Public Utilities Department.

(i) Unlawful to cover meter boxes. No person shall cover meter boxes with trash, rubbish, dirt, or other foreign matter, or permit ivy or other shrubbery to grow over meter boxes, or park automobiles or other vehicles over meter boxes. Direct access to the water mater shall be maintained by the property owner.

(j) Unlawful to tamper with meters, related service equipment, or break seals. No person shall tamper with or remove any water meter or related service equipment which is attached to or accompanies any service or break any meter seal or related service equipment. No person shall make any water connection or connect to any pipe or meter box, except for a single house connection.

(k) Unlawful to water waste. No person shall willfully or negligently waste water or unreasonably flood any premises. Wasting water shall include noncompliance with any water conservation program which the City enacts for the public safety or welfare.

(l) Inspections. The Director of Finance, the Director of Public Utilities, City Engineer, or any other authorized officer of the City shall be admitted during normal working hours to all parts of any premises provided with a City water service for the purpose of inspection to ensure that applicable laws and regulations of the City and State pertaining to water and water services are complied with.

(§ 1, Ord. 82-30, eff. January 12, 1983; §§ 1 and 2, Ord. 91-15, eff. May 20, 1991; § 3, Ord. 93-2, eff. March 3, 1993; § 3, Ord. 96-10, eff. July 1, 1996; Ord. 96-20, Amended, 12/18/1996; § 4, Ord. 09-21, eff. December 2, 2009; § 2, Ord. 15-13, eff. April 20, 2015; § 1, Ord. 15-14, eff. June 3, 2015; Ord. 26-04, eff. 7/15/2026)

The use of water supplied by the City may be restricted or prohibited by the City when water conservation is required for the public safety or welfare.

(a) Water to be shut off in case of fire. When a fire occurs in the City, all standpipes, fireplugs, hose connections, faucets, and other outlets to the City water system shall be subject to the direction of the Chief of the Fire Department and shall be promptly closed, except such as may be used in quenching the fire and preventing the spread of the fire, and shall be kept closed until such fire is extinguished.

(b) Water main and service turnoffs. The City may shut off water in the mains or at any service at any time for the purpose of making repairs to mains, installing services or extensions, or for other reasons as determined necessary by the Director of Public Utilities for the protection of the City water system, water supply, or public safety or welfare.

(§ 1, Ord. 82-30, eff. January 12, 1983; as amended by § 3, Ord. 91-15, eff. May 20, 1991; Ord. 26-04, eff. 7/15/2026)

No person shall install or maintain any water-operated equipment or mechanism or use any water-treating chemical or substance, or install or maintain any water consumption facilities capable of polluting the City water supply ("cross-connection"), unless the water service to the premises upon which such equipment, mechanism, chemical, substance, or water consumption facilities are utilized is equipped with a City approved backflow prevention device.

Such approved backflow prevention device(s) shall be installed on any new facilities where the Public Utilities Department or Building Division makes such a requirement as a condition of approval of any building entitlement for the premises, or, in the case of an existing facility, immediately upon notice by the Public Utilities Department or Building Division that a cross-connection condition exists, or within thirty (30) days of notice of a potential cross-connection condition. Failure to install such devices or to take such actions as necessary to eliminate existing or potential cross-connection conditions will be cause to discontinue water service to the affected premises.

Any such installation shall be at the owner's expense and at a location between the water meter and the premises served and at such point of connection as may be designated or approved by the Public Utilities Department or Building Division.

The owner shall be responsible to keep all such devices in a good state of repair. Repairs, adjustments, and tests shall be performed only by persons who have been certified for such work by an agency approved by the City. No less than once each year the owner at his expense shall cause a certified test report(s) be submitted to the Public Utilities Department indicating all such devices on or serving owner's premises are in good operating condition. In the case of a new installation, a certified test report shall be submitted within five (5) working days of the date of installation. Failure to provide such annual or other test report(s) upon notice by the City shall be cause to discontinue water service to owner's premises until such time as the required test report(s) is received by the Public Utilities Department.

(§ 1, Ord. 82-30, eff. January 12, 1983; as amended by § 1, Ord. 88-21, eff. August 4, 1988; Ord. 26-04, eff. 7/15/2026)