2.36.120 Encroachment and right-of-way application and permit fees.
Encroachment application and right -of-way permit fees shall be charged by the DistrictCMWD 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 DistrictCMWD, for the purpose of defraying the cost of processing an application, issuing the requested permit, inspection of works completed under the permit, and other costs of administrating this title. The fees shall be paid at the time of application. (Ord. 47 § X.12, 2019; Ord. 45 § X.12, 2009)
2.36.130 Performance deposits.
A. As a condition of issuance of a right -of-way permit, the Public Works Director may require posting of a cash deposit or an equivalent security in a form acceptable to the General Counsel.
The applicant shall post a security for 100% of the bond amount for performance and 50% of the bond amount for labor and materials, totaling 150% of the bond amount. The cash deposit may be used at the discretion of the Public Works Director to provide for restoration of Dis- trictCMWD facilities or removal from the right -of-way of work, materials or equipment when permittee or the permittee’s agent fails to act in a timely manner to provide for the public health, safety, or welfare. The deposit shall otherwise be for the purpose of guaranteeing performance of work contemplated under the permit.
B. The amount of the deposit shall be established by the Public Works Director.
C. Upon completion and acceptance of work under permit, any funds unused shall be refunded to the applicant and any other bonds or security instruments shall be released.
D. If, in the opinion of the Public Works Director, any deposit or security is not sufficient for the protection of the public interest in the public places, the Public Works Director may require an additional deposit or an increase in the security in such amount as he or she determines nec- essary. The permittee shall, upon demand, deposit the additional cash or security.
E. Upon failure or refusal to pay, the Public Works Director may revoke the permit and/or recover the deficiency by appropriate action in any court of competent jurisdiction, and until such defi- ciency is paid in full, no other permit shall be issued to such permittee. (Ord. 47 § X.13, 2019; Ord. 45 § X.13, 2009)
2.36.140 Placement of materials or obstruction of DistrictCMWD right-of-way.
A. No person shall place or maintain any material or any obstruction or impediment to travel in or upon any DistrictCMWD right-of-way or access to any CMWD facility or access to any Dis- trictCMWD facility without a permit to do so.
B. Persons violating provisions of this Sections 2.36.080(D), 2.36.140(A),Section 2.36.080(D) or
2.36.150(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 of removal may be assessed against the owner or owners of the project creating the obstruction.
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C. Notice of removal shall be in writing and mailed to all persons whose names appear on the last equalized assessment roll as owners of real property creating the obstruction at the address shown on the assessment roll. Notice shall also be sent to any person known to the Public Works Director to be responsible for the nuisance. The Public Works Director shall also cause at least one copy of such notice to be posted in a conspicuous place on the premises. No assessment shall be held invalid for failure to post or mail or correctly address any notice. The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within 24 hours after receipt of such notice and diligently prosecuted (without interruption) to completion, the DistrictCMWD shall cause such work to be done, in which case the cost and expense of such work, including incidental expenses incurred by the Dis- trictCMWD, will be assessed against the property or against each separate lot and become a lien upon such property.
D. If upon the expiration of the 24 -hour period provided for in subsection C of this section, the work has not commenced or is not being performed with diligence, the Public Works Director shall proceed to do such work or cause such work to be done. However, the DistrictCMWD may proceed to remove the encroachment immediately and without notice to the owner if re- moval of the encroachment is necessary to make emergency repairs to District CMWD facili- ties.
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 there of the workthereof, together with a legal description of the property against which cost is to be as- sessed. 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 assess- ments. 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’s of Carlsbad Finance Department for collection. If any assessment is not paid within 10 days after its confirmation by the Board of Directors, the Ssecretary 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. __ )Code, the Carlsbad Munici- pal Water District did on the _____ day of _____, 20_, cause maintenance and reportrepair work to be done on the _____ day of _______, 20__, in the DistrictCMWD 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. ___ dated the _____ day of _______ 20__, did assess the cost or portion of the cost thereof of the work upon the real property hereinafter Sept. 30, 2025
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described below, and the same has not been paid nor any part thereofin whole or part, and the Carlsbad Municipal Water District does hereby claims 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 re- cordation 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 fol- lows:
(Description of property)
_____________________________________________
Dated this ___ day of _______, 20__
_____________________________________________
Secretary of the Board, Carlsbad Municipal Water District
H. From and after the date of recordationrecord 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 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 on the assess- ment 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 subsequently be created against the property, to the maximum extent permissible by law.. From and after the date of recordation of such notice of lien, all persons shall be deemed to have notice of the contents thereofof the lien. (Ord. 47 § X.14, 2019; Ord. 45 § X.14, 2009)
2.36.150 Relocation of structures—Removal of encroachment.
A. The Public Works Director may require any permittee, who pursuant to a duly issued right -of- way permit under this title, has performed construction work or placed and maintained any encroachment, to remove or move the encroachment at the permittee’s own cost and expense to such different location as is specified in a written demand of the Public Works Director, whenever such move is necessary to ensure the safety and convenience of the public or the operation, maintenance, reconstruction or replacement of DistrictCMWD facilities. 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 the 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 Direc- tor may proceed under Section 2.36.140.
B. The DistrictCMWD 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 DistrictCMWD right-of-way. (Ord. 47 § X.15, 2019; Ord. 45 § X.15, 2009)
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2.36.160 Holding District CMWD harmless—Insurance.
The applicant for a permit, as a condition to receiving a permit shall sign a statement agreeingthat he agrees to indemnify, defend, and hold harmless the District CMWD and each its officers and employees thereof, from any liability or responsibility for death or injury to persons and loss or dam- age to property happening or occurring as a result of the design or performance of any work under- taken under any permit granted pursuant to the application. The applicant may be required to pro- vide proof of liability insurance in an amount set by a resolution of the Board and may be requested to name the DistrictCMWD as an additional insured under the insurance policy. The insurance shall be provided by a company satisfactory to the City’s Risk Manager. Any deductible or self -insured retention under the insurance policy shall be in an amount acceptable to the City’s Risk Manager. (Ord. 47 § X.16, 2019; Ord. 45 § X.16, 2009)
2.36.170 DistrictCMWD not liable for damage to encroachment or encroachment area.
The DistrictCMWD 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 District’sCMWD’s construction, use, repair, replacement or relocation of any DistrictCMWD facilities within the right -of-way. (Ord. 47 § X.17, 2019; Ord. 45 § X.17, 2009)
2.36.180 Exemptions.
The District, the District’s agents,CMWD and the City’s employees, acting in their official capacity, are exempt from the requirements set forth in this title. (Ord. 47 § X.18, 2019; Ord. 45 § X.18, 2009) Sept. 30, 2025
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SUMMARY OF PROPOSED REVISIONS
PROPOSED REVISIONS EXPLANATION / AUTHORITY
THROUGHOUT TITLE 2
Replace “CMWD” with “District” and “City of Carlsbad” with “City”
Change is suggested for consistency with
Title 1.
Chapter 2.04 GENERAL REGULATIONS
AMEND Section 2.04.010 Definitions
Definitions for the following terms are being added or revised:
• “Backflow”
• “Backflow prevention assembly”
• “Backflow prevention assembly tester”
• “Cross-connection”
• “Cross-Connection Control Policy Handbook”
• “Double check valve backflow prevention assembly”
• “Double check detector backflow prevention assembly”
• “Extension”
• “Fire service”
• “Hazard assessment”
• “High hazard cross-connection”
• “Low hazard cross-connection”
• “Public water system”
• “Reduced pressure principle backflow prevention
assembly”
• “Reduced pressure principle detector prevention
assembly”
• “State Water Board”
• “Water authority”
• “Water Meter Permit”
Remove definitions for “Executive Manager ,” and “General Counsel.” and “Public Works Director”
Inc
luding these definitions provides
additional clarity for the remaining
sections in this chapter.
Rem
oves the dDefinitions for Executive
Manager and General Counsel are being
removed because they are already
defined in Title 1 and do not need to be
redefined here. The Public Works Director
is not referenced in this chapter and can
be removed from the definitions section.
MOVE Section 2.04.020 Wasting water – Report to CMWD
Subsequent sections in this chapter are being renumbered .
The new section numbers will be used in this summary.
This section is moving to Section
2.04.140(G) so that all unlawful acts are
together in one section.
NO SUBSTANTIVE CHANGES are proposed for the
following Sections:
• 2.04.020 Adoption of rules and regulations.
• 2.0430.340 Failure to comply with rules and
regulations or pay rates – Penalty
Minor revisions to wording to improve
clarity.
Exhibit 4
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• 2.04.040 Turning water or recycled water on and
off from premises
• 2.04.050 Persons not to interfere with District
water system
• 2.04.060 Entrance upon private property by
employees of the District
• 2.04.070 Right of the District to enter premises,
install meters and enforce collection of charges
AMEND Section 2.04.080 to read:
2.04.080 Interference with inspection—Stoppage of
service—Notice required.
In case an authorized City employee or agent of the District is refused admittance to any premises supplied with water or recycled water by the District, or on being admitted is hindered or prevented from making such examination or inspection by any person or by the maintenance on such premises of an animal, or for any other reason, the Executive Manager may cause the service of water or recycled water to such premises to be discontinued, in accordance with Section 2.04.0340 and subject to additional enforcement as provided for in Carlsbad Municipal Code Chapters 1.08 and 1.10. (Ord. 47 § II.9, 2019; Ord. 45 § II.9, 2009)
Adds rR eference to the enforcement
provisions contained in Carlsbad
Municipal Code Chapters 1.08 and 1.10 is
being added.
AMEND Section 2.04.090 to read:
2.04.090 Water or Recycled Water Service Shut-off
Notice.
Any notice of stoppage of water or recycled water service shall be served pursuant to the service of notice
requirements in Carlsbad Municipal Code Chapter 1.10.
Incorporatesing the service requirements
from Carlsbad Municipal Code Chapter
1.10 by reference to will simplify
enforcement procedures. Subsequent
changes to the Municipal Code will not
require amendment of the District Code.
NO SUBSTANTIVE CHANGES are recommended for
Section:
• 2.04.100 Length of water or recycled water service
stoppage
AMEND Section 2.04.110 to read:
2.04.110 Liability of the District to damage from break beyond meter.
The District 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 on the customer’s side of the meter connection. (Ord. 47 § II.12, 2019; Ord. 45 § II.12, 2009)
Minor revisions to wording to improve
clarity.
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NO SUBSTANTIVE CHANGES are recommended for
Section:
• 2.04.120 Responsibility for damage resulting from
shutting off water or recycled water.
ADD Section 2.04.130 to read:
2.04.130 Charges for replacement, repairs, or adjustment caused by customer.
Where the District incurs expenses for the replacement, repairs, or adjustments of any service connection or meter resulting from the act, negligence or carelessness of the customer, the expenses shall be charged against and
collected from the customer. If the customer fails to pay such charges, water may be shut off until such charges are paid. (Ord. 47 § IV.4, 2019; Ord. 45 § IV.4, 2009)
This section was moved to Chapter 2.04
from Section 2.12.040 and reworded for
clarity.
AMEND Section 2.04.140 to read:
2.04.140 Unlawful use of water, recycled water, facilities and appurtenances.
It is unlawful for any person other than an authorized City employee or agent of the District to:
A. Open any fire hydrant, corporation stop valve, gate
valve, or angle meter stop valve;
B. Interfere in any manner with any water service, water connection, or any water meter attached to any service
pipe connected to the water pipelines;
C. Turn on or off water or recycled water pipelines of the District;
D. Tap, break, or injure any water or recycled water
pipeline of the District, or any reservoir, pumping
station or pressure reducing station of the District;
E. Tap any water or recycled water service pipe, or take or draw water from any water pipe or fire hydrant of the District without paying the established water rate for
such service after having made written application and
received permission for such service as provided by
this Chapter;
F. In anyway trespass upon the public property of the
District or conduct any work within a District easement without written permission first being obtained from the District; or
G. Willfully or neglectfully wastewater in any manner
whatsoever, and any person having knowledge of any
The unlawful acts identified in this section
were separated broken out into a lettered
list to make them more easily identifiable.
Section G was moved from previously
located in section 2.04.020.
No new unlawful acts were added and no
previously unlawful acts were removed
from the code.
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condition whereby water is being wasted shall notify
the District of such fact.
Ord 47 § II.14, 2019; Ord. 45 § II.14, 2009)
NO SUBSTANTIVE CHANGES are recommended for
Section:
• 2.04.150 Bills for labor, materials.
AMEND Section 2.04.160 to read:
2.04.160 Settlement of disputes between customer and
the District.
A. If a dispute arises between any water or recycled water customer and the District concerning water or recycled
water service or the amount of a water or recycled water bill to such customer, the dispute may be settled, subject to the approval of the Board, or the delegated authority of the Executive Manager or designee. The final decision
and settlement approval of the Board shall be recorded in the minutes of the Board.
B. The provisions and procedures provided for in this
section in no way affect the other provisions of this title and only apply to Chapter 2.04. (Ord. 47 § II.16, 2019; Ord. 45 § II.16, 2009)
Minor revisions to wording to improve
clarity and adds . Adds the Executive
Manager’s designee to the delegated
authority for settling disputes.
REPEAL Section 2.04.170 No mandatory duty.
AMEND Section 2.04.170 to read:
2.04.170 Claims rRequirements and pProcedures
A. No suit shall be brought against the District unless a claim has first been presented in writing and filed with the
Secretary to the Board and acted upon by the District
following the procedures prescribed by Title 1, Division
3.6 of the California Government Code (commencing with
Section 900). As permitted by California Government
Code Section 935, the c laim presentation and filing
requirement applies to claims excepted by Government
Code Section 905 and not governed by any other
expressly related statutes or regulations.
B. Subject to Government Code Sections 945.6 and 946, a claim relating to a cause of action for death or for injury to person, property or growing crops shall be presented in the manner provided in Article 2 (commencing with
Requires claims not otherwise subject to
the Government Claims Act to be subject
to it and codifies the settlement authority.
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Section 915) of the California Government Code not later than six months after the accrual of the cause of action.
A claim relating to any other cause of action shall be
presented in the same manner not later than one year
after the accrual of the cause of action. (Ord. 47 § II.18, 2019; Ord. 45 § II.18, 2009)
C. The functions of the District required to be performed in considering and rejecting, approving, compromising or
settling claims provided for by this section are delegated to the Executive Manager or a designee, subject to
concurrence by the General Counse l or designee,
provided the amount of any allowed, compromised or
settled claim does not exceed $25,000 for claims related to water service and $10,000 for all other claims, or such other amounts established by resolution of the Board.
ADD Section 2.04.180 to read:
2.04.180 Service charges to be a lien against property of consumer.
Subject to the District’s Residential Water Service Shutoff Protection Policy for Nonpayment of Charges and in addition to any other remedy provided for in this chapter for the enforcement and collection of any water and recycled water rates, charge, fee or account, all rates provided for in this title shall be charged against the property on which it is furnished, and against the property owner, and shall be a lien against the premises to which any water or recycled water may be
supplied, and a charge against the property owner and the property occupant using the water. If for any cause any sums owing become delinquent, the water or recycled water shall be shut off and in no case shall it be turned on to the same property until all such delinquencies have been paid in full.
Such property owner and occupant shall be severally
responsible to the District in an action brought by the District in any Court of competent jurisdiction for the amount of all such money as may be due and unpaid, together with all applicable penalties and costs. No change of ownership or occupat ion shall affect the application of this chapter. This section shall not apply to nonpermanent water service connections. (Ord. 47 § III.10, 2019; Ord. 45 § III.10, 2009)
This section was moved from Chapter 2.08
to Chapter 2.04. Other than its location in
the code, no substantive changes were
made to this section.
Chapter 2.08 – RETAIL AND RECYCLED WATER RATES AND COLLECTION Sept. 30, 2025
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NO SUBSTANTIVE CHANGES are recommended for
sections:
• 2.08.010 New account fee.
• 2.08.020 Continuity of service fee (landlords only).
• 2.08.030 Delivery charge.
AMEND Section 2.08.040 to read:
2.08.040 Delivery charge for residential automatic fire extinguishing system.
When a water meter for a residential unit is required to provide standby capacity for an automatic fire extinguishing system, the delivery charge will be determined according to this section. In cases where a meter that restricts the capacity of the connection and measures total water consumption is
installed, the delivery charge will be based on the meter size.
For fire extinguishing systems with a meter that is in place only to inform the District when water is drawn through the service line, and does not restrict water flow, the charge will be based on the service line size. The delivery charge to provide water for an automatic fire extinguishing system is required when:
(a) the automatic fire extinguishing system is required by law, including any requirement imposed as a condition of
development, permit, or occupancy; and (b) the Fire Chief, Fire Marshal, or Building Official of the City has provided a written statement verifying the requirement for additional meter size.
The 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 . (Ord. 47 § III.4, 2019; Ord. 45 § III.4, 2009)
When a water meter for a residential unit is required to provide standby capacity for an automatic fire extinguishing system, the delivery charge will be determined according to this section. The size of the meter serves as the basis of the charge. In cases where a meter that restricts the capacity of the connection and measures total water consumption is
installed, the charges will be based on the meter size. For fire extinguishing systems with a meter that is in place only to inform the District when water is drawn through the pipe, and does not restrict water flows, the charge will be based on the service line size. The delivery charge to provide water for an Clarifies how the delivery charge will be
determined for residential automatic fire
extinguishing systems. The meter size
serves as the basis for the charge.
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automatic fire extinguishing system is required when: (a) the automatic fire extinguishing system is required by law, including any requirement imposed as a condition of
development, permit, or occupancy; and (b) the Fire Chief, Fire Marshal, or Building Official of the City has provided a written statement verifying the requirement for additional meter size.
The 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. (Ord. 47 § III.4, 2019; Ord. 45 § III.4, 2009)
NO SUBSTANTIVE CHANGES are recommended for the
remaining sections in this Chapter:
• 2.08.050 Delivery charge – Proration.
• 2.08.060 Delivery charge where house becomes
vacant – Request for discontinuance of service.
• 2.08.070 Rate structure.
• 2.08.080 Water rates, charges, and fees to be
established by resolution.
• 2.08.090 Meter readings and billings.
• 2.08.100 Service charges to be a lien against
property of consumer.
• 2.08.110 Shutting off water on supply side of meter. • 2.08.120 Adjustment of bills for meter error.
Chapter 2.12 – METERS, SERVICE CONNECTIONS, CONNECTION FEES AND PAYMENT ADD Section 2.12.010 to read:
2.12.010 Application of this cChapter to potable and
recycled water
All processes and procedures described in this chapter shall apply to both potable and recycled water, unless otherwise specified.
Subsequent sections in this chapter are being renumbered.
The new section numbers will be used in this summary.
Clarifies that the chapter will apply to both
potable and recycled water.
AMEND Section 2.12.020 to read:
2.12.020 Water meter permit.
A. It is unlawful for any person to connect to or draw water from the District’s water or recycled water system without first obtaining a Water Meter Permit. The District’s
Minor revisions to wording to improve
clarity.
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Executive Manager or designee may authorize
connection of a new structure to the water system. This authorization may be concurrent with the issuance of a
valid building permit for a new structure if the applicant has filed the proper application and paid the required
fees. Every Water Meter Permit issued shall be returned if the building permit for the structure to which the
connection is being made expires or otherwise becomes
null and void..
B. Every water meter permit issued pursuant to this section shall expire by limitation and become null and void if work on the connection authorized by such permit is not
completed within 180 days from the date of issuance of
such permit. Reasonable extensions may be granted by
the Executive Manager or designee in writing. (Ord. 47 § IV.7, 2019; Ord. 45 § IV.7, 2009)
C. If a water meter permit has expired, then before the connection for such structure can be made, a new water
meter permit shall be obtained at the fee in effect at the time of reapplication. Water meter permits for the
connection of an existing structure to the water system may be issued by the Executive Manager or designee at
any time upon proper application.
AMEND Section 2.12.030 to read:
2.12.030 Water and recycled water connection fee.
A. An applicant for installation of a service connection shall pay a water connection fee and, at locations where
recycled water is to be used, a recycled water connection fee in the amount as set from time to time by a resolution of the Board. The recycled water connection fee shall be equal to the water connection fee for the same size meter; however, a recycled water connection is not required to pay the Water Authority system capacity charge. When a
water meter for a residential unit is required to provide standby capacity for an automatic fire extinguishing
system, the water connection fee will be determined
according to the size of the meter necessary to meet the water use requirements of the customer, as determined
according to the rules of the District, without
consideration of additional size necessary to provide the delivery of wate r for the automated fire extinguishing system. The water connection fee and recycled water
Distinguishes between District connection
fees and Water Authority capacity
charges.
Clarifies the requirement for passing
cross-connection test results prior to
installation of recycled water meters.
Increases the time requirement for
installation of meters, and subject to
meter availability.
Eliminates the credit for connection fees
for a meter exchange to a smaller meter.
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connection fee shall be adjusted annually by a resolution of the Board by the percentage change in the Engineering News Record Construction Cost Index, Los Angeles with
the base index in effect in December 2003, or subsequent resolution of the Board.
B. For all residential units, and unless exempted by law, the water connection fee shall be paid at the time of issuance of a building permit for the property. For commercial and industrial 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 after the recycled water irrigation system, or other
recycled water use system, has been tested by the
District’s cross -connection control specialist and
achieved passing results and recycled water can be
supplied. The District shall install water or recycled water meters within 72 hours of payment of the connection fee, subject to availability of meters.
C. A credit on a water or recycled water connection fee will be made for the exchange of an existing water or recycled meter for a new meter of larger size. The credit shall apply only to the water or recycled water connection fee. The credit amount shall be based on the connection fee
amount in effect at the time the exchange is made. No
credit shall be applied for an exchange for a smaller
meter. (Ord. 47 § IV.8, 2019; Ord. 45 § IV.8, 2009)
AMEND Section 2.12.040 to read:
2.12.040 Meter installation charges.
Applicants for installation of water meters shall pay installation charges as set from time to time by the Board and reflected in the City’s Master Fee Schedule. In the event a customer has an installed meter and wishes to relocate the meter or
exchange the meter for a smaller or larger meter, the customer shall pay the meter installation fee applicable to the relocated meter or the new meter in effect at the time of the exchange. (Ord. 47 § IV.14, 2019; Ord. 45 § IV.14, 2009)
The revision removes the reference to
rebate of charges and clarifies the
requirement for meter installation fees for
meter relocation or exchange. The credit
for a previously paid connection fee due
to a meter exchange is discussed in
Section 2.12.030.
AMEND Section 2.12.050 to read:
2.12.050 Standards for service connections and meters.
A. All service connections shall be located in public right-of- way or easements and shall conform to District standard specifications and standard drawings in effect at the time Combines prior numbered Sections
2.12.010 and 2.12.020 relating to
standards for meter installations and
retitles the section.
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the connection is installed and all such connections must be inspected and approved by the Public Works Director
or designated representative before water is admitted
through meters. (Ord. 47 § IV.1, 2019; Ord. 45 § IV.1,
2009)
B. All water and recycled water meters shall be new or
certified for accuracy to meet standards of the American Water Works Association through testing performed or
approved by the District before being installed. (Ord. 47 § IV.2, 2019; Ord. 45 § IV.2, 2009)
AMEND Section 2.12.060 to read:
2.12.060 Service connection and meter ownership.
The Water Meter Permit shall note the permit issue date for all service connections. Upon the date of initial acceptance of the service connection, the service connection will become the property of the District and its responsibility to maintain. The meter is the property of the District and its responsibility to maintain. (Ord. 47 § IV.3, 2019; Ord. 45 § IV.3, 2009)
Clarifies when a service connection
becomes District property and the
responsibility of the District to maintain.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.12.070 Minimum water meter size for buildings.
AMEND Section 2.12.080 to read:
2.12.080 Maximum water meter size.
No water meter larger than a 2-inch meter shall be installed on any lot, or to any customer, except upon approval and consent of the Executive Manager or designee. (Ord. 47 § IV.11, 2019; Ord. 45 § IV.11, 2009)
Replaces the Public Works Director with
the Executive Manager or designee.
AMEND Section 2.12.090 to read:
2.12.090 Irrigation water meters.
A. A meter and service connection used for landscape
irrigation exclusively shall be installed in accordance with District standard specifications and drawings in effect at the time the connection is made. The size of the irrigation water meter(s) and service connection(s) shall be
determined by the landscape architect as approved by
the District based on the flow demand in gallons per
minute (gpm) for the area to be irrigated. The minimum
size meter(s) shall be capable of supplying the peak
irrigation water demand determined.
Distinguishes between District connection
fees and the Water Authority capacity
charges.
Clarifies the conditions for which a refund
of Water Authority capacity charges will
apply and the time requirement for
submittal of the refund request.
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B. At locations where water is used for irrigation and in addition to account, service, and installation fees, the connection fees and charges shall be based on the
District connection fee and the Water Authority capacity charges applicable to the meter size. If recycled water is used, then only the District connection fee shall apply. If a water meter is converted to recycled water use, the San Diego County Water Authority will refund the capacity
charges previously collected for the meter. The customer must prepare and submit the San Diego County Water
Authority “Capacity Charge Refund Request” form to the
District for verification to request the refund. The refund request must be submitted to the Water Authority within 180 days of connection to the recycled water system.
(Ord. 47 § IV.10, 2019; Ord. 45 § IV.10, 2009)
AMEND Section 2.12.100 to read:
2.12.100 Construction meters.
A. Water or recycled water used for construction shall be metered. Recycled water shall be used when it is
available. A construction meter is obtained by applying for a Water Meter Permit. The District may connect a
construction meter to any fire hydrant , or a service
connection if approved by the District, upon proper
application. The cost for a construction meter shall be comprised of a deposit fee, installation fee, and
consumption charge. The deposit fee will be refunded
after the meter is returned in good working order,
complete with fittings, and all bills pertaining to the meter are paid. The meter will be installed and removed by
authorized District employees. Any damage caused to
the meter by the negligence or carelessness of any
person to whom a meter is loaned must be paid on
demand. Water delivered through a construction meter
will be charged at the commercial water rate, including delivery charges. An additional fee will be charged upon each request to have a construction meter relocated.
Construction meters installed on a potable water supply shall have an approved backflow prevention device.
B. The use of “jumpers” in place of a meter shall not be allowed on a temporary basis to test water pressure in the plumbing of a new building, residence, or other purpose. (Ord. 47 § IV.12, 2019; Ord. 45 § IV.12, 2009)
Adds that construction meters can be
connected to a service connection when
so approved, and that all construction
meters installed on a potable supply
require backflow protection.
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NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.12.110 Fire protection meters.
• 2.12.120 Repairs by the District.
• 2.12.130 Transportation of water across property
line.
AMEND Section 2.12.140 to read:
2.12.140 Connection—Liability for damage.
A. Liability for Damage. When any person connecting a
water service pipe to the property side of a meter uses water for testing the pipes, that person must leave the service box in as good condition as found and shall leave the water shut off if found shut off, and shall in writing notify the District or City at the time the connection is made. Any damage caused by the negligence or
carelessness of any person to any part of the meter box or connection, must be paid in accordance with Section
2.04.130.
B. Liability of Customer for Damages to Meter. After the water or recycled water meter is connected to the service connection, any damage to the meter resulting from an
intentional act, carelessness or negligence of the
customer, or anyone employed by the customer, and any
damage which may result from hot water or steam from a
boiler, or otherwise, shall be paid in accordance with
Section 2.04.130. (Ord. 47 §§ IV.17, 18, 2019; Ord. 45 §§ IV.17, 18, 2009)
Revised to remove redundant language
and to update a renumbered code
section.
Incorporates prior numbered Section
2.12.040.
AMEND Section 2.12.150 to read:
2.12.150 Examination of meters at customer’s request.
A. Examination Request. Any customer may request that
the meter through which water or recycled water is being delivered be examined and tested by the District or a
representative of the District for the purpose of
determining whether the meter correctly registers the
amount of water delivered through it. Upon receipt of such a request, the Executive Manager will cause the meter to be examined and tested for the purpose of determining
whether it is registering correctly the water or recycled water being delivered through it.
Removes the deposit requirement for a
customer request to examine a meter.
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B. Replacement of Defective Meter. The District shall
provide a new meter to a customer if (1) an examination and test reveals that a customer’s meter registers one
percentage of more or less than the amount that actually passes through it and (2) the amount that actually passes through the meter exceeds the tolerances for such meter as established by the American Water Works Association
standards. (Ord. 47 §§ IV.5, 6, 2019; Ord. 45 §§ IV.5, 6, 2009)
NO SUBSTANTIVE CHANGES are recommended for
Section:
2.12.160 Cutting off or interfering with meter.
REMOVE Section 2.12.040 Charges for replacement,
repairs, or adjustment caused by negligence of customer.
Moved to Section 2.04.1430.
CHAPTER 2.16 CONNECTIONS AND INSTALLATION OF SERVICE
AMEND Section 2.16.010 to read:
2.16.010 Shut off valve.
A. For District. An angle meter stop valve shall be installed on the immediate upstream side of the meter which shall be paid for by the customer per the fee established by the Board. The angle meter stop valve shall be the property of the District and the District shall have exclusive use and control of the angle meter stop valve.
B. For Customer. Water customers shall be provided with a ball valve to be connected to the meter immediately
downstream of the meter for the customer’s own
protection. The ball valve described in this subsection shall be installed at the customer’s own exp ense and
must be accessible to District employees. (Ord. 47 §§
V.1, 2, 2019; Ord. 45 §§ V.1, 2, 2009)
Minor revisions to wording to improve
clarity. Changed the ball valve
downstream of the meter to be provided
by the District rather than by the
customer.
AMEND Section 2.16.020 to read:
2.16.020 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 10 feet parallel to any service connection, water pipeline or District meter without obtaining prior approval from the District. Under no
circumstance shall a sewer pipe or gas pipe or any other Updated for the minimum distance to be
five feet instead of two feet to protect the
water distribution system.
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service pipe be installed closer than five 55 feet clear from the service connection, water pipeline or meter. (Ord. 47 § V.3, 2019; Ord. 45 § V.3, 2009)
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.16.030 Repairs to water pipelines, meters, and
service connections.
• 2.16.040 Shutting off water or recycled water for
repairs.
AMEND Section 2.16.050 to read
2.16.050 Steam boilers, hydraulic elevators, power
pumps, and similar apparatus.
It is unlawful for any person to draw water from any water pipeline or service connection of the District, directly into any stationary steam boiler, hydraulic elevator, power pump, or similar apparatus. If a customer desires water from the District to be used in any stationary steam boiler, hydraulic elevator, power pump, or similar apparatus, the customer must first apply in writing to the District for permission. If granted by the Executive Manager or designee, the customer must provide a tank or reservoir of the capacity as required by any Code of the District
. No 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 designee. (Ord. 47 § V.6, 2019; Ord. 45 § V.6, 2009) Moves authority to approve applications
for the use of a stationary steam boiler,
hydraulic elevator, power pump, or similar
apparatus from the Board to the
Executive Manager or designee.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.16.060 Right -of-way application for service—
Form.
• 2.16.070 Connection to water pipelines upon
compliance.
• 2.16.080 Multiple service connections and meters
and multi-ownership building.
• 2.16.090 Discontinuance of service upon written
notice.
• 2.16.100 Turning on of water or recycled water.
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AMEND Section 2.16.110 to read:
2.16.110 Temporary uU se of water by construction
workers—Water meter permit.
A. Any person or contractor who wishes to use water in construction work where connections must be made,
other than through a meter, shall file a written application for such connection with the City’s Land Development
Engineering Department. No person or contractor may
connect to any water pipeline, fire hydrant, or otherwise use water from these sources without a written permit for such use issued by the Land Development Engineering
Department. Before issuing such permit, the applicant for such connection shall
deposit with the Land
Development Engineering Department an amount
sufficient to cover the estimated cost of the temporary construction water meter. meter.
B. If the deposit is later determined to be insufficient to cover the any actual cost to replace the meter s, the applicant must pay any outstanding balance upon the applicant’s
return of the meter to the District.
(Ord. 47 § V.12, 2019; Ord. 45 § V.12, 2009)
Created a subsection to separate the
routine procedure from circumstances
where the deposit is insufficient.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.16.120 Supplying to other than occupant of
premises
• 2.16.130 Customer to accept service conditions.
REPEAL Sections:
• 2.16.140 Violations.
• 2.16.150 Severability.
Removed because these items are
addressed in Title 1.
CHAPTER 2.20 EXTENSION OF PIPELINES AND OTHER FACILITIES NO SUBSTANTIVE CHANGES are recommended for
Section:
• 2.20.010 Excess capacity.
AMEND Section 2.20.020 to read:
2.20.020 Application.
A. Generally. Any person may apply to the Executive
Manager or designee for the installation of water
This section was reworded and
reformatted for clarity. The items required
for the reimbursement agreement in
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pipelines and fire hydrants and other appurtenant
facilities to be constructed in public streets, alleys or private property. However, nothing in this section shall be construed to modify any provision of subsection B, which requires the subdivider to make
and pay for certain
improvements within a subdivision.
B. Contents. Applicants wishing to extend a water or
recycled water pipeline or construct a water or recycled water pipeline of excess capacity shall execute a
reimbursement agreement with the District. Such
reimbursement agreement must, among other things, set
forth:
1. a statement describing the facility that the applicant wishes to construct or have constructed;
2. a map that accurately depicts the proposed route
and size of such facility;
3. the estimated cost of construction of such facility;
4. a payment schedule;
5. auditing procedures;
6. complete specifications regarding the type of pipe
and other appurtenances which the applicant desires to
construct or have constructed; and
7. all additional information requested by the Executive Manager of the District.
No water or recycled water facility shall be constructed if the applicant does not comply with the standard plans and
specifications of the District. (Ord. 47 §§ VI.2, 3, 2019; Ord. 45 §§ VI.2, 3, 2009)
paragraph B were changed to a
numbered list for clarity.
AMEND Section 2.20.030 to read:
2.20.030 Pipeline sSize of water pipeline extension.
A. All water pipeline extensions will be installed in sizes best suited to the requirements and full development of the
District water system as determined by the General
Manager. In no event will a water pipeline or recycled
water pipeline extension be less than 8 inches in
diameter.
B. No property shall be connected to a District water or recycled water pipeline which is of inadequate size t o meet the requirements and full development of the
The authority for determining the size of a
water pipeline extension was moved from
the Public Works Director to the General
Manager.
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District water system as determined by the General
Manager. (Ord. 47 § VI.4, 2019; Ord. 45 § VI.4, 2009)
AMEND Section 2.20.040 to read:
2.20.040 Determination of adequacy of size and necessity by General Manager — Contract between applicant and
District — Reimbursement of applicant for additional cost.
The General Manager shall determine if the size of an existing or proposed pipeline or other facility is adequate to serve the water or recycled water demands of the intended property use or development. Further, the General Manager shall
determine if there is other property within the District not being served and which could be served by an existing or proposed water or recycled water pipeline or facility, and the
requirements for full development of the District’s water or recycled water system. If the General Manager finds it necessary that a water or recycled water pipeline or facility should be constructed with excess capacity so that other property in the District may be supplied with water or recycled water, then the Executive Manager shall recommend to the Board that a reimbursement agreement be entered into
between the applicant and the District pro viding for the construction of the water or recycled water pipeline or facility with excess capacity and establishing a reimbursement
procedure and schedule for the additional costs to be incurred for the excess capacity. (Ord. 47 § VI.5, 2019; Ord. 45 § VI.5, 2009)
The General Manager shall determine if the size of such proposed water pipeline is adequate to serve the intended use of applicant; further, the General Manager shall determine if there is other property within the District not being served with water or recy cled water which could be served by the
proposed water or recycled water pipeline, and if it appears to the General Manager that it is necessary that the proposed water or recycled water pipeline and appurtenant facilities should be constructed to a gre ater capacity than the
immediate needs of the applicant so that other property in the District may be supplied with water or recycled water through the pipeline, then the Executive Manager shall recommend to the Board that a reimbursement agreement be entered into between applicant and the District pro viding for the
construction of the water or recycled water pipeline with excess capacity and establishing a reimbursement procedure The authority for determining the size of a
proposed water pipeline or facility was
changed moved from the Public Works
Director to the General Manager.
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and schedule for the additional costs incurred by building the water or recycled water pipeline with excess capacity. (Ord. 47 § VI.5, 2019; Ord. 45 § VI.5, 2009)
AMEND Section 2.20.050 to read:
2.20.050 Determination of materials to be used and of
additional cost of facilitiespipelines.
The materials for water pipelines and other facilities shall be determined by the General Manager , who shall give due
regard to the potential development in the territory that can reasonably be served by District facilities . The General Manager shall approve the costs for construction of pipeline extensions and/or excess capacity as provided in this chapter, if any, over and above the cost of a standard size pipeline or other facility sufficient to serve the applicant’s proposed use or development. (Ord. 47 § VI.6, 2019; Ord. 45 § VI.6, 2009) The quality of the materials of the water pipeline, hydrants, and other facilities shall be determined by the General Manager, who shall give due regard to the potential water service development in the territory that can reasonably be served by the extend ed water pipeline. The General Manager shall determine the amount of money necessary to cover the cost of construction of the water pipeline and shall determine the excess cost as provided in this chapter, if any, over and above the cost of a standard size water pipeline facility sufficient to serve the applicant’s immediate need and use. (Ord. 47 § VI.6, 2019; Ord. 45 § VI.6, 2009)
The authority to determine the materials
to be used and the additional costs of
pipelines was moved from the Public
Works Director to the General Manager.
AMEND Section 2.20.060 to read:
2.20.060 Payment of proportionate cost of water or
recycled water pipeline prior to connection.
The District shall only accept, process, or approve applications for water or recycled water pipelines once the applicant has paid the District its proportionate share of the cost of the water or recycled water pipeline according to the terms, schedules, and conditions set forth in this chapter.
The District shall not accept, process, or approve an
application for a connection to a water or recycled water pipeline if:
Minor revisions to wording to improve
clarity. Added payment of a connection
fee as a condition precedent to the
approval of an application to connect to a
pipeline.
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1. The pipeline has been installed in any manner other
than by public improvement proceedings for which an
assessment has been levied or a connection fee
established by the Board, and
2. Neither the applicant, nor the applicant’s predecessor in interest, has paid the proportionate share of the cost of the water or recycled water pipeline for the property served.
(Ord. 47 § VI.7, 2019; Ord. 45 § VI.7, 2009)
AMEND Section 2.20.070 to read:
2.20.070 Reimbursement agreement.
A. Cost Determination for Reimbursement Agreement. In
determining pipeline extension and/or excess capacity
costs for a reimbursement agreement, the costs
considered shall include the actual construction cost and necessary right -of-way or easement acquisition,
environmental and engineering services, construction
management, inspection, and directly related incidental costs. The Executive Manager or designee shall make
the final determination of the pro rata cost share of the pipeline extension and/or excess capacity. In all case s, the minimum pipe size for a distribution system pipeline shall be 8 inches or the diameter required to deliver the water or recycled water demands for the proposed use or development in accordance with District standards ,
whichever is greater. The cost of excess capacity shall be determined as the difference in cost between the
minimum pipe size or facility cost required to serve the proposed use or development and the recommended
size to meet District system requirements.
B. Easements to be Provided—Title Insurance Policy. If a reimbursement agreement is entered into between
applicant and the District, applicant shall grant
easements to the District in the event the water or
recycled water pipeline or facilities lie outside of District property or easements or public right -of-way, and shall provide a Title Insurance Policy showing that grantor has the valid title to grant such an easement. Such easement shall be subject to the approval of the General Counsel for the District for legal adequacy and shall be subject to Revises the Adds a maximum time limit
for the right to reimbursement of up to 7
years per the reimbursement agreement.
Establishes Removes the need for the
District Board to approve the Executive
Manager’s authority to determine the
applicant’s pro rata cost share of a
recommendation for the District to
construct water or recycled water pipeline
extensions in those cases when an
applicant desires the District to construct
the pipeline extension or excess capacity
constructed as part of a reimbursement
agreement.
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the approval of the Public Works Director and Executive Manager in all other respects.
C. Construction Costs to be Deposited. If applicant desires that the water or recycled water pipeline extension and/or excess capacity and related facilities be constructed by the District, and the Executive Manager recommends that the District construct such facilities, the applicant shall deposit with the District the sum of money the Executive Manager determines necessary to construct such
improvements identified in the reimbursement
agreement.
D. Source of Reimbursement. The District shall reimburse the applicant only from either the water or recycled water connection fee fund or the water or recycled water
replacement fund, subject to availability of funds, and the District’s responsibility shall be no greater than as set forth in this title.
E. Authority and Period for Reimbursement of Improvement.
The Executive Manager is empowered to prepare a
reimbursement agreement to be entered into by the
District and the applicant who constructs water or
recycled water pipeline extensions or excess capacity.
Such agreement shall provide that the District will
reimburse the additional costs for water or recycled water pipeline extensions or excess capacity. The agreement
shall be limited to a seven-year period from and after the date of signing or five years after the pipeline or facility has been accepted by the District. Any right to
reimbursement shall expire in accordance with the time
specified in the reimbursement agreement. Payment
shall only be made to the applicant, or designee, at the address filed with the District by the applicant for that purpose. No interest shall accrue to applicant pursuant to this section, or under any contract entered into pursuant to this section. The District shall not be liable to the subdivider for such moneys if the collection of the charge is prevented by judgment or order of court, or if such
moneys are not collected due to inadvertence or neglect of the officers or employees of the District or City of Carlsbad. In no event shall the District be liable or in any way responsible for failure to collect such conn ecting Sept. 30, 2025
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fees, or for failure to pay any money to applicant. (Ord. 47 §§ VI.8—10, 13, 2019; Ord. 45 §§ VI.8—10, 13, 2009)
A. 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, construction management, inspection, and
directly related incidental costs. The Executive Manager, or designee, shall make the final decision, 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 District system requirements.
Any right to reimbursement, shall expire in accordance
with the time specified in the reimbursement agreement.
The. The time period in the reimbursement agreement
shall not exceed a period of 77 years as prescribed in
subsection (D) or 55 years after the pipeline or facility has been accepted by the District. However, payment shall
only be made to the applicant, or designee, at the address filed with the District by the applicant for that purpose. No interest shall accrue to applicant pursuant to this section, or under any contract entered into pursuant toto this
section. In no event shall the District be liable or in any way responsible for failure to collect such connecting
fees, or for failure to pay any money to applicant.
B. Easements to be Provided—Title Insurance Policy. If a reimbursement agreement is entered into between
applicant and the District, applicant shall provide
easements in the event the water or recycled water
pipeline or facilities lie outside public property or right-of- way, and shall provide a Title Insurance Policy showing that grantor has the valid title to grant such an easement.
Such easement shall be subject to the approval of the
General Counsel for the District for legal adequacy and shall be subjec t to the approval of the Public Works
Director and Executive Manager in all other respects.
Construction Costs to be Deposited. If applicant desires that the water or recycled water pipeline be extended or Sept. 30, 2025
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the water or recycled water pipeline and facilities be
constructed by the District and the Executive Manager
recommends that the District construct such facilities, then, applicant shall deposit with the District the sum of money the Executive Manager det ermines necessary to
construct the improvements identified in the
reimbursement agreement.
C. Source of Reimbursement. The District shall reimburse the applicant only from either the water or recycled water connection fee fund or the water or recycled water
replacement fund, subject to availability of funds, and the District’s responsibility shall be no greater than as set forth in this title.
D. Reimbursement Agreement for Repayment of Off -Site
Improvement. The Executive Manager is empowered to
prepare a reimbursement agreement to be entered into by the District and the person who constructs off -site water or recycled water pipeline extensions. S uch agreement
shall provide that the District will refund to the persons who paid for the cost of the water or recycled water
pipeline extension the actual cost of construction,
including necessary easement acquisitions, engineering, construction management, inspection, and directly related incidental costs. The agreement shall be limited to a 77- year period from and after the date of signing. The District shall not be liable to the subdivider for such moneys if the collection of the charge is prevented by judgment or order of court, or if such moneys are not collected due to
inadvertence or neglect of the officers or employees of the District or City of Carlsbad. (Ord. 47 §§ VI.8 —10, 13, 2019; Ord. 45 §§ VI.8—10, 13, 2009)
AMEND Section 2.20.080 to read:
2.20.080 Improvements constructed under the
Improvement Act of 1911— District’s participation.
If any of the improvements qualify for reimbursement under this chapter and are constructed through a 1911 Act of
Improvement District as defined in the Improvement Act of 1911, Division 7 of the California Streets and Highways Code, the District will pay the owner or owners of the assessed property the sums it would otherwise pay to an individual applicant under the terms of this chapter. The payments will be made at the times mentioned in this chapter to the property Minor revisions to wording to improve
clarity.
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owner or owners at the time the payment is made. (Ord. 47 § VI.11, 2019; Ord. 45 § VI.11, 2009)
AMEND Section 2.20.090 to read:
2.20.090 Payments—Time limit for recovery.
Any funds mailed to applicant or designee which are returned, or where the check, voucher, or other payment remains
uncashed after expiration of the applicable retention period, shall revert to the District’s water connection fee fund or water replacement fee fund as appropriate, and shall not be
recoverable by applicant. (Ord. 47 § VI.12, 2019; Ord. 45 § VI.12, 2009)
Changed to read that uncashed checks
will revert to the District after the
applicable retention period instead of after
one year.
AMEND Section 2.20.100 to read:
2.20.100 Water or recycled pipeline extensions.
A. Within Subdivisions.
1. Subdividers shall install water or recycled water
pipelines to all property within the subdivision. When
the water or recycled water pipelines are
constructed by the subdivider, then no
reimbursement agreement shall be available to the
subdivider for any portion of the water or recycled
water pipeline constructed within the limits of the
subdivision or in streets that are immediately
adjacent to the external limits of the subdivision with the following exception:
When a subdivider is required to install a water or
recycled water pipeline extension in excess of their
requirements for continuity and full development of
the District water system, as determined by the
General Manager , then the District will pay the
additional costs required to construct the water or
recycled water pipeline in excess of 8 inches in
diameter or in excess of the diameter required to
serve the subdivision, whichever is
larger.Subdividers shall install water or recycled
water pipelines to all property within the subdivision.
When the water or recycled water pipelines 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
Minor revisions to wording to improve
clarity.
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streets that are immediately adjacent to the external
limits of the subdivision with the following exception:
When a subdivider is required to install a water or
recycled water pipeline extension in excess of their
requirements for continuity and full development of
the District water system, as determined by the
General Manager, then the District will contribute for
the additional costs required to construct the water
or recycled water pipeline in excess of 8 inches in
diameter or in excess of the diameter required to
serve the subdivision, whichever is larger.
2. Subdividers shall extend to the external limits of the subdivision all water and recycled water pipelines
placed in and about the subdivision by the
subdivider. The subdivider may enter into a
reimbursement agreement with the District for off -
site portions of the water or recycled water pipeline
extensions they must install for the subdivision.
B. For Length of Property Frontage. A n applicant,
subdivider, or individual developer shall cause the
construction of water or recycled water pipeline to the external limits of the property line along the entire
property frontage abutting upon the water or recycled
water pipeline. However, for a large undeveloped
frontage, the water or recycled water pipeline shall extend for a minimum length of 75 feet along the frontage if all the following conditions apply:A subdivider, contractor, or individual developer shall install a water or recycled water pipeline to the external limits of the property line along the entire front of the property abutting upon the water or recycled water pipeline. However, for a large
undeveloped frontage, the water or recycled water
pipeline shall extend for a minimum frontage of 75 feet i f all the following conditions apply:
1. That the portion of the property being connected to
the water or recycled water pipeline will totally
contain the parcel or parcels served by the pipeline,
together with sufficient side yard setbacks as
required by applicable zoning law; and
2. That sufficient area remains in the unconnected
portion of the property in which to construct one or
more living units in accordance with the applicable
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zoning laws. (Ord. 47 §§ VI.14, 15, 2019; Ord. 45 §§
VI.14, 15, 2009)
CHAPTER 2.24 ENGINEERING SERVICES FEES
AMEND Section 2.24.010 to read:
2.24.010 Established by resolution.
The engineering service fees shall be established by
resolution of the Board. The purpose of the engineering services fees is to defray the costs associated with the District’s review, approval, and inspection of potable water and recycled water facilities related to pipeline and service line installation, pipeline and service line replacement and relocation, easements and quitclaims in connection with the development review process of the City.
A. Policy. The District Engineer shall provide plan checking services for potable and recycled water facilities to be constructed and added to the systems of the District at a charge of the estimated cost of providing those services.
B. Fees. The fees shall be fixed and established by
resolution of the Board.
C. Private On -Site Irrigation System. The private on- site irrigation system for a proposed development shall be
plan checked by the City’s Planning Department and the
District Engineer. A plan check fee shall be paid to cover the City’s cost to review and ap prove the plans of the private on- site irrigation system. The County of San
Diego Department of Environmental Health and Quality
will also review all private on -site irrigation plans where recycled water is proposed to be used for irrigation. A separate plan check fee shall be submitted to the County of San Diego, together with the landscape and irrigation construction drawings and the City’s application form.
(Ord. 47 § VII.1, 2019; Ord. 45 § VII.1, 2009)
Minor revisions to wording to improve
clarity and to reflect that the District
Engineer, not the City’s Engineering
Department, will provide plan checking
services for certain potable and recycled
water facilities.
NO SUBSTANTIVE CHANGES are recommended for
Section:
• 2.24.020 Adjustment of fees by resolution
AMEND Section 2.24.030 to read:
2.24.030 When paid.
A. All fees to review improvement plans, easements or
quitclaims are paid upon initial submittal to the City based Minor revisions to wording to improve
clarity.
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on the cost estimate submitted (valuation) with the initial submittal. Near the end of the plan check process and
prior to the plan approval, the applicant must pay any
balance of plan check fees or receive a refund for excess fees paid.
B. Prior to issuance of a right-of-way permit to construct the improvements, the applicant shall pay inspection fees
that cover the inspection of District improvements. (Ord. 47 § VII.3, 2019; Ord. 45 § VII.3, 2009)
CHAPTER 2.28 FIRE HYDRANTS
AMEND Section 2.28.010 to read:
2.28.010 Use of fire hydrants—Generally.
Fire hydrants are provided for the purpose of providing connections for the extinguishing of fires and shall be opened and used only by the District and the City’s Fire Department or such persons as shall be authorized to do so by the Executive Manager. (Ord. 47 § VIII.1, 2019; Ord. 45 § VIII.1, 2009) Expands the use of fire hydrants beyond
solely providing connections for the
extinguishing of fires to account for
construction meters.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.28.020 Regulation of water supply from a fire
hydrant.
• 2.28.030 Replacing cap after use.
• 2.28.040 Use of fire pipeline for other than fire
purposes.
AMEND Section 2.28.050 to read:
2.28.050 Private fire lines, etc.—Service connections.
Where a privately-owned fire line is used for fire purposes only and is connected to an automatic fire extinguishing system or other standard fire hydrant, the owner shall pay for all service connections from the District water pipeline to the backflow preventioner assembly. (Ord. 47 § VIII.5, 2019; Ord. 45 § VIII.5, 2009)
Changed to read that a customer shall
pay for all service connections from the
District water pipeline to the backflow
preventer assembly rather than to the
above ground double check valve
assembly or approved check valve.
CHAPTER 2.32 CROSS-CONNECTION CONTROL PROGRAM
NO SUBSTANTIVE CHANGES are recommended for
Chapter 2.32 at this time.
CHAPTER 2.36 PROCEDURES FOR WORK IN THE RIGHT-OF-WAY
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NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.36.010 Title.
• 2.36.020 Definitions.
• 2.36.030 Public Works Director’s authority and
responsibilities.
• 2.36.040 Permits – Required.
AMEND Section 2.36.050 to read:
2.36.050 Application for right-of-way permit or
encroachment permit.
A. Any person proposing to do any of the acts described in Section 2.36.040 of this chapter shall make an application for a: (1) right -of-way permit, and if required (2)
encroachment agreement to the Public Works Director.
B. The following information shall be included in the
application:
1. The location, nature, and extent of work to be
performed;
2. The proposed date when such work shall be
commenced;
3. The proposed date when the work shall be
completed;
4. Such other information as may be required by the
Public Works Director.
C. The Public Works Director may require the application to contain an encroachment agreement if deemed
necessary due to the location, size, duration, and/or
nature of the encroachment. The encroachment
agreement shall:
1. Require the encroachment to be placed and
maintained in a safe and sanitary condition and
without interference to access for maintenance or
operation of District facilities;
2. Require removal of the encroachment by the
permittee upon reasonable demand by the Public
Works Director;
3. Allow the District to remove the encroachment and
place a lien on the property if the permittee does not
Subsection D was added to require the
applicant to provide proof of liability
insurance.
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remove the encroachment in a reasonable time
period;
4. Allow for the removal of the encroachment by the
District during the performance of any emergency
repairs without liability to the District for damages;
5. Require adequate security of performance of such
promise;
6. Require indemnification of the District in accordance with Section 2.36.160;
7. Be in a form acceptable to the General Counsel.
(Ord. 47 § X.5, 2019; Ord. 45 § X.5, 2009)
D. The applicant may be required to provide proof of liability insurance in an amount set by the City’s Risk Manager
and may be requested to name the District as an
additional insured under the insurance policy. The
insurance shall be provided by a company satisfactory to the City’s Risk Manager. Any deductible or self -insured retention under the insurance policy shall be in an amount acceptable to the City’s Risk Manager. (Ord. 47 § X.16, 2019; Ord. 45 § X.16, 2009)
AMEND Section 2.36.060 to read:
The Public Works Director may require the proposed work to be accompanied by plans if the Public Works Director
determines the proposed work requires the making of plans, setting of stakes, or both. These plans shall be prepared by a competent engineer licensed by the California Department of Consumer Affairs. These plans shall be reviewed by the Public Works Director or designee and the applicant shall pay the necessary fees in accordance with Chapter 2.24. The
applicant shall bear all costs to prepare and process said plans. (Ord. 47 § X.6, 2019; Ord. 45 § X.6, 2009)
Minor revisions to wording to improve
clarity.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.36.070 Commencement and completion of work.
• 2.36.080 Requirements for performance of work.
AMEND Section 2.36.090 to read:
2.36.090 Acceptance of work.
The Executive Manager or designee will issue a certificate of acceptance if the work has been completed according to the Minor revisions to wording to improve
clarity and change delegation from the
Public Works Director to the Executive
Manager or designee.
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requirements of this chapter and the permit. This
determination may be reached by performing a survey, or by inspection, or by both methods. The certificate of acceptance will contain a statement of the location, nature, and extent of the work performed under the permit. (Ord. 47 § X.9, 2019; Ord. 45 § X.9, 2009)
AMEND Section 2.36.100 to read:
2.36.100 Permit—Denial and revocation.
A. The District may deny the issuance of a right -of-way permit to any person who refuses or fails to comply with the provisions of this chapter, who is indebted to the
District for past permit violations, or who, in the judgment of the Public Works Director,
has repeatedly violated
permit procedures or failed to comply with conditions
requiring protection of the public health and safety.
B. The Public Works Director may deny the issuance of a right-of-way permit to any person who refuses to execute an encroachment agreement as required by Section
2.36.050.
C. Any permittee found in violation of the conditions of the permittee’s the permittee’s permit or the provisions of this chapter shall be given a written notice to comply,
explaining the violation and corrective actions required.
Upon receipt of the notice to comply, the permittee shall take action to correct the condition of violation within the period provided in the notice. If, within that at period, appropriate measures have not been implemented, the
District may revoke the permit, pursue enforcement
remedies under Carlsbad Municipal Code Chapters 1.08
and 1.10, and take any measures required to secure the
work site or return the work site to its original condition.
The District may charge the permittee for all costs of such corrective work.
D. A revoked permit may be reinstated if the permittee
demonstrates, to the satisfaction of the Public Works
Director, that work will be continued in conformance with the permit and the provisions of this chapter.
E. The Public Works Director shall require, as a condition of the permit, payment of all charges incurred by the District as a result of permit revocation including any penalties for violation of the provisions of this chapter as provided in Language added to incorporate the
additional remedies provided in CMC 1.08
and 1.10 to have as an enforcement
option.
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Section 1.20.010. (Ord. 47 § X.10, 2019; Ord. 45 § X.10, 2009)
AMEND Section 2.36.110 to read:
2.36.110 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 or encroachment permit may appeal to the Board by filing a notice of appeal with the Secretary of the Board within 10 calendar days after the date of mailing of the decision of the Public Works Director. Appeals shall be in writing and shall state the basis for the appeal. Fees for filing an appeal shall be in an amount established by resolution of the Board. The
decision of the Board shall be final.
B. Upon filing a written appeal, the Secretary shall fix a time and place for hearing such appeal. The Secretary shall
give notice to the appellant and applicant/permittee of the time and place of hearing by serving the notice personally or by depositing it
in the United States Post Office
postage prepaid, addressed to such persons at their last known address unless otherwise requested in the notice
of appeal.
C. The Board shall have the authority to determine all
questions raised on such appeal. (Ord. 47 § X.11, 2019; Ord. 45 § X.11, 2009)
Minor revisions to wording to improve
clarity.
NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.36.120 Encroachment and right -of-way
application and permit fees.
• 2.36.130 Performance deposits.
• 2.36.140 Placement of materials or obstruction of
District right-of-way.
AMEND Section 2.36.150 to read:
2.36.150 Relocation of structures—Removal of
encroachment.
A. The Public Works Director may require any permittee, who pursuant to a duly issued right -of-way permit under this title, has performed construction work or placed and maintained any encroachment, to remove or move the
encroachment at the permittee’s own c ost and expense
Adds that a permittee may be required to
relocate structures or remove an
encroachment whenever necessary to
ensure the operation, maintenance,
reconstruction or replacement of District
facilities.
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to such different location as is specified in a written demand of the Public Works Director, whenever such
move is necessary to ensure the safety and convenience
of the public or the operation, maintenance,
reconstruction or replacement of District facilit ies. The Public Works Director shall specify in the demand a
reasonable time within which the work of relocation must be commenced, and the permittee must commence the
relocation within the time specified in the demand and
diligently prosecute the same to completion. If permittee fails to diligently remove the encroachment, the Public Works Director may proceed under Section 2.36.140.
B. The District shall have the right to relocate or remove any encroachment in response to an emergency condition
requiring immediate repair, without the notification of the permittee or the owner of any encroachment into a District right-of-way. (Ord. 47 § X.15, 2019; Ord. 45 § X.15, 2009) NO SUBSTANTIVE CHANGES are recommended for
Sections:
• 2.36.160 Holding District harmless-Insurance.
• 2.36.170 District not liable for damage to
encroachment or encroachment area.
• 2.36.180 Exemptions.
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Docusign Envelope ID: 366FD5BF-B9ED-4C4E-B65E-83AEF09A8934 Exhibit 5
Carlsbad Municipal Water District
1635 Faraday Ave5950 El Camino Real. Carlsbad, CA 92008 442-339-2420 t RES
IDENTIAL WATER SERVICE SHUTOFF PROTECTION
POLICY FOR NONPAYMENT OF CHARGES
Introdu
ction
The Carlsbad Municipal Water District (CMWD) developed this policy Residential Water Service Shutoff Protection Policy for Nonpayment of Charges (Policy) to help residential water service customers prevent shutoff of water service for nonpayment of charges due to hardship. This policy Policy is not applicable when water service is shutoffshut off due to unauthorized action by Customerthe customer. This policy Policy is available on the City of Carlsbad's website:
(https://www.carlsbadca.gov)/departments/utilities/water).
The
number of annual shutoffs for nonpayment is noted on the website. A paper copy of the policy Policy is available upon request at the City's Utility Billing Offices at 1635 Faraday Avenue, Carlsbad, CA 92008.
For mor
e information about this Policy or to discuss options for avoiding discontinuation of residential water service, please contact the CMWD's billing department by phone at 442-339- 2420 or by email at [email protected] to discuss options to avoid discontinuation of service..
Def
initions
Water Bills bills -– Monthly statements sent to customers indicating the amount of water used during the billing cycle, rate charged for the water, amount the customer must pay for the water and date on which the payment is due.
Deli
nquent Accounts account -– Delinquent accounts are tThose accounts that remain unpaid by the due date. If a customer attempts to pay their account with a check that is subsequently returned An account paid with a check that is returned by by the customer’s bank for insufficient funds, on the basis of the account being closed, because of a stop payment order, or for another reason, that customer’s account will become delinquent if the customer does not make payment in full by the due date.upon which the check was drawn, is considered as nonpayment of bill, and therefore may result in a delinquent account.
Late
Fee fee -– A fee charged for payments not received by the due date. The late fee is 10% of the
unpaid bill amount.
Wate
r Disconnection or Shutoffdisconnection or shutoff -– The CMWD disconnects water service by turning off and locking the water meter. If a customer's water service is disconnected Sept. 30, 2025
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or shutoff, the customer must pay a fee to have the CMWD reconnect the water service. Water service reconnected without CMWD authorization may result in fines or additional charges or fees. Any damages caused by an unauthorized service reconnection are the customer's responsibility.
Notifications
The CMWD will not shutoffshut off a residential customer's water service for nonpayment until the customer's unpaid balance has been delinquent for at least sixty (60) days or if the customer meets the special criteria as detailed below in the section titled Options Available to Customer.
First Written Shutoff Notice -– At least seven (7) business days before shutting off a residential customer's water service, the CMWD will contact the customer by telephone or by mail.
If the CMWD contacts the customer by telephone, the CMWD will offer to provide the customer with this policyPolicy. The CMWD will also offer to discuss the customer's options for averting a shutoff for nonpayment, including the procedures for option to enter into an alternate payment arrangements, such as a plan for deferred payments, alternative payment schedules, and amortizing the unpaid balance amortization, and for obtaining a and bill review and appeal Appealappeal (collectively “Alternate Payment Arrangements.”).
If the CMWD contacts the customer by mail, the CMWD will send the customer written notice of the shutoff to the billing address designated on the customer's account. If the billing address and the service address are different, a second notice will be mailed to the service address and addressed to "Occupant."
The written notice will include the customer's name and address, amount of the delinquent charges, and the day date by which the customer must pay or arrange to pay the delinquent charges to avoid a shutoff. The notice will also include a description of the process to apply for an extension of time to pay the delinquent chargesamount, a description of the procedure to petition for a bill review and appeal, and a description of the procedures by which the customer may request an Aalternate Ppayment Aarrangement such as a plan for deferred payments, alternative payment schedules or amortization of the delinquent charges.
If the written notice is returned as undeliverable, the CMWD will make a good faith effort -to visit the service address and leave, either with an adult occupying the residence or in a conspicuous place, a written notice of the imminent shutoff and a copy of this policyPolicy.
Notice to Tenants/Occupants in an Individually Metered Residence -– If the landlord of a residence with individually metered service is the customer with the delinquent account, the CMWD will make a good faith effort to send a written notice to the tenants/occupants of the residence at least ten (10) days before water service is shut off. The written notice will advise Sept. 30, 2025
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the tenants/occupants that they have the right to become customers of the CMWD without being required to pay the amount due on the delinquent account, as long asif they are willing and able to assume financial responsibility for subsequent charges for water service at the residence. The tenants/occupants must provide verification of tenancy in the form of a lease or rental agreement, rent receipts, a government document indicating the occupant is renting the property, or other acceptable proof.
Notice to Tenants/Occupants in a Multi-Unit Complex Served through a Master Meter -– If the landlord of a multi-unit complex served through a master meter is the customer with the delinquent account, the CMWD will make a good faith effort to send a written notice to the tenants/occupants of each unit at least ten (10) days before water service is shut off. The written notice will advise the tenants/occupants they have the right to become customers of the CMWD without being required to pay the amount due on the delinquent account. If one or more of the occupants at the address served by the master meter are willing and able to assume responsibility for the subsequent charges for water service to the satisfaction of the CMWD, or if there is a physical means legally available to the CMWD of selectively terminating service to those tenants/occupants who have not met the CMWD's requirements for service, CMWD will make service available to the occupants who have met the requirements.
Final Written Shutoff Notice -– The final written Water Shutoffwater shutoff notice will be delivered to the premises no less than five (5) business days in advance of shutoff. The CMWD will visit the residence and leave the water shutoff notice and a copy of this policyPolicy.
Options Available to the Customer
Bill Review and Appeal -– If a customer disputes the customer's water bill, the customer may make a written request for the bill to be reviewed by the City of Carlsbad's fFinance dDirector.
The written request must be submitted within ten (10) business days after the bill is mailed to the customer or within five (5) business days after the CMWD informs the customer by telephone or mail that the customer's water service is subject to shutoff for nonpayment. A written request for a bill review must identify what aspects of the water bill the customer believes are incorrect, what information and documents the customer believes supports the customer's position, and what resolution the customer seeks. Within ten (10) business days after receipt of the bill review request, the Ffinance Ddirector, or a designee, will review the water bill and provide a written response to the customer.
If the customer disagrees with the Ffinance Ddirector's response, the customer may, within five (5) business days of the response, submit a written appeal on the matter to the dDeputy Ccity Mmanager, Aadministrative Sservices, or a designee. Within ten (10) business days after receiving the appeal, the Ddeputy cCity Mmanager, Aadministrative Sservices, will consider the information and documents previously submitted to the Ffinance Ddirector, as well as any additional information or documents submitted with the appeal, and will issue a written decision independently determining whether the bill is correct. The decision of the Ddeputy Ccity Mmanager, Aadministrative Sservices, is the final administrative decision.
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The CMWD will not shutoffshut off the customer's water service for nonpayment while the customer's request for a bill review or appeal is pending. If the bill review or appeal results in a determination the customer's water bill was incorrect, the CMWD will correct the billbill, and the customer will have twenty-one (21) calendar days to pay the corrected bill amount. If the bill review or appeal results in a determination that the customer's water bill was correct, the customer must pay the bill in full within five (5) business days unless the customer qualifies for an enters into an approved Aalternate Ppayment Aarrangement such as a plan for deferred payments, alternate payment schedules or amortizing the unpaid balance.
Alternate Payment Arrangement -– A qualifying customer unable to pay for residential water serivce within the normal payment period may request an Aalternate Ppayment Aarrangement before that customer’s account becomes a delinquent account such as a plan for deferred payments, alternate payment schedules or amortizing the unpaid balance to avoid late fees and service shutoff.
To qualify for an alternate payment arrangement, Additionally, the CMWD will not shut off water service if the customer must meets BOTH of all ofall the following special criteria:
1. Demonstrates a medical need for continued water service by providing certification from a Primary Care Providerprimary care provider that water service shutoff will be life-threatening or pose a serious threat to the health and safety of any person residing at the service address.
2. Demonstrates financial hardship by showing the customer is financially unable to pay for service within the CMWD's normal billing cycle. A customer will be deemed to have a qualifying financial hardship if any member of the customer's household currently receives CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children. A customer will also be deemed to have a qualifying financial hardship if the customer declares that the customer's household annual income is less than 200% of the federal poverty level.
3. Agrees to enter intoenter an Alternate Payment Arrangement.
If the To enter intoenter customer qualifies for an Aalternate Ppayment Aarrangement:
A. The customer sign must agree toexecute enter into an Alternate Payment Arrangement Agreement with the CMWD to amortize the unpaid balance or temporarily defer payments over an agreed upon period, not to exceed twelve (12) months from the original due date on the bill.
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B. The agreed- upon amount (i.e., amortized payments) will be added to the regular monthly bill or an alternative payment schedule to pay off the previously unpaid balance.
C. The customer must remain current on all subsequent billing periods.
D. The customer cannot request further amortization of any subsequent unpaid charges while paying delinquent charges from a previous bill.
If the customer does not comply with the alternate payment arrangementAlternate Payment Arrangement or becomes delinquent in paying current water service charges for sixty (60) days or more, the CMWD will shut off the customer's water service. At least five (5) business days beforehandbefore discontinuing water service, the CMWD will post a final shutoff notice in a prominent and conspicuous location at the service address.
If the CMWD shuts off a residential customer's water service, the CMWD will provide the customer with information on how to restore service.
Restoration of Service
Deadline for Shutoff -– All delinquent water service charges and associated fees must be received by the City of Carlsbad Finance Department by 3 p.m. on the day specified in the written disconnection notice.
Reconnection Process -– The CMWD will reconnect service as soon as feasible but, at a minimum, will restore service before the end of the next regular working day following payment of any past due amount, delinquent fees and reconnection fees, on the account that was shutoff.
Reconnection Fee -– The cost to reconnect water service as applicable under this policyPolicy is published yearly in the Master Fee Schedule (https://www.carlsbadca.gov). For those that demonstrate a customer household annual income below 200% of the federal poverty line qualify for alternative payment arrangement, the reconnection fee is $50 for same day and next day service during normal business hours, and $150 for service during non-operational hours.
This rate is subject to annual adjustment based on the Consumer Price Index beginning January 1, 2021.subject to annual adjustment on January 1 of each year based on the year-over-year change to the Consumer Price Index, All Consumers, Not Seasonally Adjusted.
The cost to reconnect water service as applicable under this policy is published yearly in the Master Fee Schedule (https://www.carlsbadca.gov). In addition, interest charges on unpaid balances will be waived once per 12 months for qualifying customers. A customer will be deemed to have a household income below 200% of the federal poverty line if any member of the customer's household receivescurrently receives CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children. A customer will also be deemed to have a household income less than 200% of the federal poverty level if the Sept. 30, 2025
Item #3 Page 148 of 149
Docusign Envelope ID: 366FD5BF-B9ED-4C4E-B65E-83AEF09A8934 Residential Water Service Shutoff Protection Policy for Nonpayment of Charges
customer declares the household’s annual income is less than 200% of the federal poverty level.
Reference: Water Shuto ff Protection Act (Health and Safety Code sections Section 11ll6900 et seq.-116926) Effective: February 1, 2020
Last Updated: October 13, 2022September 30, 2025
Sept. 30, 2025
Item #3 Page 149 of 149
Docusign Envelope ID: 366FD5BF-B9ED-4C4E-B65E-83AEF09A8934 Repeal & Replace Title 2 - Carlsbad Municipal
Water District Code
Dave Padilla, Assistant General Manager
Amanda L. Flesse, General Manager
Sep. 30, 2025
2 TODAY’S PRESENTATION
• Proposed Actions
• Background
• Proposed Changes
• Next Steps
ITEM 3: TITLE 2 CMWD CODE
1. Introduce an ordinance of the Board of Directors
of the Carlsbad Municipal Water District of the
City of Carlsbad, California, amending Title 1 and
repealing and replacing Title 2 of the Carlsbad
Municipal Water District Code.
2. Adopt a resolution approving an update to the
Residential Water Service Shutoff Protection
Policy for Nonpayment of Charges.
ITEM 3: TITLE 2 CMWD CODE
3 PROPOSED ACTIONS
BACKGROUND
• July 16, 2024: the CMWD Board adopted
Ordinance No. 49 to codify CMWD’s ordinances
into three Titles.
• Nov. 12, 2024: the CMWD Board adopted
Ordinance No. 50 to repeal and replace Title 1
of the CMWD Code.
• Today’s item proposes minor amendments to
Title 1 and repeals and replaces Title 2.
ITEM 3: TITLE 2 CMWD CODE
4 PROPOSED CHANGES
Title 1, Section 1.08.030 and Title 2, Sections
2.04.010, 2.20.030, 2.20.040, 2.20.050 &
2.36.090 update definitions and delegations
between the Deputy City Manager for Public
Works and the CMWD General Manager to
better reflect current practice.
5 ITEM 3: TITLE 2 CMWD CODE
Section 2.04.080 – Interference with inspection–
Stoppage of service–Notice required adds reference
to the enforcement provisions in CMC Chapters 1.08
and 1.10.
Section 2.08.040 – Delivery charge for residential
automatic fire extinguishing system clarifies the
basis for the water delivery charge for residential
automatic fire extinguishing systems.
ITEM 3: TITLE 2 CMWD CODE
6 PROPOSED CHANGES
Section 2.12.100 – Construction meters clarifies the charges applicable to construction meters and requirements for
backflow protection when installed on a potable water
supply.
Section 2.12.110 – Fire service flow detector meters
clarifies the charges applicable to these types of meters.
Section 2.12.150 – Examination of meters at customer’s
request removes the deposit requirement.
ITEM 3: TITLE 2 CMWD CODE
7 PROPOSED CHANGES
Section 2.16.050 – Steam boilers, hydraulic elevators, power pumps, and similar apparatus moves the authority to approve applications for the use of these or similar apparatuses from the CMWD Board to the Executive Manager or designee.
ITEM 3: TITLE 2 CMWD CODE
8 PROPOSED CHANGES
Section 2.20.030 – Pipeline size revises the minimum pipeline diameter for water distribution pipelines.
Section 2.20.040 – Determination of adequacy of size and necessity by General Manager—Contract between applicant and District— Reimbursement for additional cost moves the authority for the determination of size or capacity of water or recycled water facilities from the Executive Manager to the General Manager.
Section 2.20.050 – Determination of materials and additional cost of facilities moves the authority for the approval of materials and construction cost estimates for water or recycled water facilities from the Executive Manager to the General Manager.
ITEM 3: TITLE 2 CMWD CODE
9 PROPOSED CHANGES
Section 2.20.070 – Reimbursement agreement
• revises the maximum time limit for the right to
reimbursement to seven years from the
reimbursement agreement date, or five years after
acceptance of the completed facility by the District.
• establishes the basis for the minimum pipeline
diameter for “excess capacity”.
ITEM 3: TITLE 2 CMWD CODE
10 PROPOSED CHANGES
SHUTOFF PROTECTION POLICY
• The CMWD Board approved the policy on
Dec. 10, 2019.
• The policy outlines when the CMWD can or cannot
shut off potable water service to residential
customers for nonpayment and notifies a
customer’s rights and options prior to a shutoff.
ITEM 3: TITLE 2 CMWD CODE
11 SHUTOFF PROTECTION POLICY
• Senate Bill No. 3 (2023) expanded the scope of the
state’s Water Shutoff Protection Act, necessitating
changes to the District’s policy.
• The policy update complies with new State law to
include an alternate payment arrangement for all
residents, not just those that demonstrate medical
and financial hardship.
ITEM 3: TITLE 2 CMWD CODE
12 • The CMWD Board will consider adoption of the
Title 2 revisions at a future meeting.
• Staff will return to the CMWD Board with a
recommendation to amend Title 2, Section 2.32
regarding cross-connection control and Title 3.
ITEM 3: TITLE 2 CMWD CODE
13 NEXT STEPS