Cities Index.
Agenda

Fairfield City Council
December 16, 2025

Document
Agenda
Meeting
December 16, 2025
Body
Fairfield City Council
Pages
356
Original file
53.3 MB
Text extracted from the city's file for reading and search. Open the original on pub-fairfield.escribemeetings.com. That file is the official record.

EXHIBIT A

(2) (A) For each structure or portion thereof designed for occupation by more than one family, each such family living independently of each other in a room or suite of rooms separated by a common wall or floor, which structures shall include condominiums, apartment houses, duplexes and such portion of hotels or motels which contain kitchen facilities in each room or suite of rooms designed for occupation by a family, and all mobile home parks, there shall be assigned one (1) family unit for the first room, suite of rooms or mobile home, designed for occupation by a family and sixty percent (60%) of a family unit for each remaining room, suite of rooms, and mobile home designed for occupation by a family; and (B) For each structure or portion thereof designed exclusively for occupation by senior citizens, which structures shall include condominiums and apartment houses, there shall be assigned one (1) family unit for the first room, or a suite of rooms, designed for occupation by a family, and forty-five percent (45%) of a family unit for each remaining room, or suite of rooms, designed for occupation by a family.
(c) Accessory dwelling units. ADUs and JADUs are defined in section 25.50. ADUs and JADUs shall be subject to the payment of all water connection charges, except as otherwise provided in section

25.20.4.11.F, or in Government Code Sections 66314 and 66333. The connection charge shall be proportionate to the burden of the proposed ADU or JADU, based on fixture units. ADUs and JADUs constructed with a new single-family dwelling shall be charged full connection charges consistent with section 22.31(b).
(d) Other structures. There shall be capacity assigned for commercial, industrial, office, church, private school, public facility and all other structures, including hotels and motels, or portions thereof; not containing rooms with kitchen facilities, and including portions of residential structures designed for commercial, office or other nonresidential use. Such determination shall subject to the approval of the FMU director and be based on the capacity of the water meter for any such structure, in accordance with the following schedule:

METER UNIT SIZE (IN.)

MAXIMUM CONTINUOUS

FLOW CAPACITY (GAL/MIN)
1" 50
1 ½" 88
2" 130
3" 175
4" 1,000
6" 2,800
8" 2,800
10" 5,500
(e) Landscape irrigation. Meter capacity shall be assigned using the following schedule for irrigation service from a meter used solely to provide separate metering of landscape irrigation. Meter size and capacity shall be determined based on the maximum continuous flow required, and subject to review and approval of the FMU director.

METER UNIT SIZE (IN.)

MAXIMUM CONTINUOUS FLOW

CAPACITY (GAL/MIN)
1" 50

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EXHIBIT A

METER UNIT SIZE (IN.)

MAXIMUM CONTINUOUS FLOW

CAPACITY (GAL/MIN)
1 ½" 88
2" 130
3" 175
4" 1,000
6" 2,800
8" 2,800
(f) If a meter has a size and/or capacity that does not appear on the schedules provided in section

22.31(d) and (e) above, the FMU director shall determine the necessary meter size by interpolating or extrapolating the schedule and rounding up to the nearest maximum continuous flow of the water meter.
(g) Fire service. No family units or meter capacity shall be assigned for unmetered fire service.

22.32 Exemptions.
(a) Connection charges pursuant to the provisions of this article shall not be payable with respect to new or altered structures for which a building permit therefore, pursuant to the building code adopted by the city at the time of issuance of such permit, was issued prior to the original effective date of this article, December 15, 1986.
(b) As exempted under section 25.20.4.11.F, ADUs and JADUs meeting the requirements of Government Code Section 66323(a)(1) or are less than 750 square feet are exempt and shall not be charged a connection charge.
(c) Temporary connections as provided in sections 22.23, 22.24, and 22.25 shall be exempt from connection charges.

22.33 Charge for alteration or change of meter size.
(a) Where it is proposed to alter a structure in any way which results in a greater potential water demand therefore, or to change or replace an existing water meter by a meter of a larger size, meter capacity applicable to such structure both prior and subsequent to such alteration or change of meter size shall be determined pursuant to the provisions of section 22.31, and a connection charge based on the difference between the meter capacity applicable prior to such alteration or change of meter size shall be paid, whether or not a connection charge was theretofore payable with respect to such structure. The charge provided for in this section shall be deemed a connection charge for the purposes of this article, even if a new physical connection of a structure is not required, the continuance of the original physical connection being conditioned on payment of the charge provided for in this section. Unless such charge is paid prior to making such alteration or change of meter size, it shall be paid within thirty days of receipt of notice of the amount payable by reason of such alteration or change of meter size.

Such notice shall be mailed, postage prepaid, registered, or any owner of such structure. (b) No connection charge shall be payable when a water meter installed before December 16, 1986 is replaced by two meters, solely to provide for the separate metering of landscape irrigation.

Sizing of meters installed pursuant to this subsection shall be within the sole discretion of the

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EXHIBIT A

FMU director. If a smaller non-irrigation meter is not justified, the FMU director may allow the existing meter to stay in service rather than require it to be replaced with a new meter. Nothing in this subsection shall be construed to eliminate payment of a connection charge when otherwise due pursuant to subsection (a).
(c) Where it is proposed to change or replace an existing water meter by a meter of a smaller size, no connection charge for capacity shall be required. No refund or credit of capacity charges will be issued as a result of this section unless a fee credit program is agreed to by the City.

22.34 Use of proceeds.

There is hereby created a water facilities fund into which all sums collected pursuant to this article shall be deposited.

The monies in such water facilities fund shall be used solely to acquire or construct water supplies, facilities, and systems; to repay principal and interest on bonds issued for the acquisition or construction of such water supplies, facilities and systems; to repay federal or state loans or advances made to the city for the construction of such water facilities and systems; and to pay for administration of connection charge collection.

22.35 No refunds.

In the event that the building for which a connection charge has been paid is not under construction within 180 days of issuance of the plumbing permit, or in the event construction stops for 180 days, the connection charge paid shall lapse and the full amount of the connection charge in effect at the commencement or recommencement of construction shall be required. The city shall not refund the lapsed connection charge, but shall grant a credit on such connection charge in the amount of the previously paid connection charge.

Article V. Installation Charges.

22.36 Installation charges - new service.

Unless otherwise authorized by the city council Aapplicants for new services shall be responsible for the full cost of facilities necessary to deliver water to its premises, including payment of FMU fees and charges. FMU may opt to install or have applicant install water services. FMU shall collect charges for the installation of new water service connections installed by city forces. Charges shall be in the amount as established by separate resolution duly adopted from time to time by city council.

Where unusual conditions prevail, charges will be based on actual costs incurred by the City, including staff time, labor, materials, and administrative costs.

22.37 Charges - New meter and box.

Charges for meter and box are to be added to the charges for service installation and are held as a separate charge for the convenience of subdividers or contractors where all pipe is installed by the owner. FMU shall collect charges for the installation of water meter and box in the amount as established by separate resolution duly adopted from time to time by city council.

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EXHIBIT A

22.38 Increase or decrease of installation charges.

All rates and charges provided for in sections 22.36 and 22.37 of this chapter, unless otherwise updated by resolution duly adopted by City Council, shall, on April 1st of each year, automatically increase or decrease from the amounts then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years. Construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area.

22.39 Charges - Large service connections and special conditions.

For any installation greater than four inches in size, the applicant will deposit an amount equal to the estimated installation cost at the time of application; additional billing or refund will be made on such deposit after actual installation costs have been determined at the completion of the work.

Where special conditions exist, the city reserves the right to furnish special meters with the applicant to pay actual installation cost.

22.40 Payable prior to installation, etc.

All installation charges shall be paid prior to installation, or in the case of new construction must be paid before the building permit is issued.

22.41 Advance deposit in certain cases.

In the case of connection charges on a cost plus basis, a deposit must be made in advance of the estimated cost and an adjustment made upon completion. If the cost is over the estimate, the applicant will be billed for the difference; if the cost is less, FMU will refund the difference.

22.42 Changes in size of meter, pipe, etc., at expense of customers.

Changes in size of meter, service pipe, or both of the existing service connections shall be at the expense of the customer.

22.43 Changes in location of meters and connections at expense of customers.

When the relocation of an existing meter or service connection is requested for the customer’s convenience, the relocation shall be at the customer’s expense.

22.44 Water main extensions by city - Generally.

When the city council determines it to be in the public interest for the city to extend water lines in advance of street development or for any other purpose, the FMU director shall be ordered to proceed with such extensions to the extent and in the manner determined by the city council. Such extensions may be installed at the cost of the city or pursuant to appropriate assessment district proceedings.

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EXHIBIT A

If the city council determines at the time of ordering any such main extension that this section shall be applicable thereto, accurate records of the costs thereof shall be maintained by the FMU director, together with an allocation of such costs to all parcels of property, which will be served thereby. Such allocation shall be based on such formula as will result in such costs being apportioned to such parcels in proportion to the benefits thereto, severally and respectively.

22.45 Water main extensions by city - Special connection charges.

Prior to installation of any water service connection which will be served in whole or in part by a water main extension subject to special connection charges, the special connection charge must be paid in addition to all other charges and fees provided for by this chapter. Such charge shall be in an amount equal to the cost allocated to the parcel of property by the FMU director, as provided in section 22.44 of this chapter.

If a water main extension is financed by assessment district proceedings, any charge provided for by this section with respect thereto shall be deemed paid for each parcel of property within such assessment district, by virtue of the assessment levied thereon in such proceedings.

Article VI. Extension of Water Facilities by Applicant.

22.46 Plans.

Any applicant for water service which will require water main extension shall install the extension at the applicant’s own cost and expense. Any applicant for water service which will require other water facility extension may install the same at his own cost and expense. Plans for such extension or extensions shall be submitted to and approved by the city engineer. The applicant shall conform to City standards for the design and installation of water facilities and obtain any required permits in accordance with Chapter 25 of this code.

22.47 Surety bond.

In the event the applicant installs water facility extensions, the applicant shall furnish the city a surety company bond in an amount equal to one hundred percent of the city engineer’s estimate of the installation costs, to guarantee faithful performance by the application, and surety company bond in an equal amount to guarantee claims of persons employed by the applicant and claims of persons who furnish materials, supplies and implements used by the applicant on such work.

22.48 Evidence of title transfer to city.

When water facility extensions are installed and upon the execution and delivery by the applicant of a good and sufficient document evidencing transfer of title of the facilities to the city, water shall be furnished to the applicant’s property.

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EXHIBIT A

Article VII. Water Meters.

22.49 Maintenance.

Where replacements, adjustments, disconnection, or service shutoff for any water meters are necessary by the act, neglect or carelessness of the owner or occupant of any premises or anyone in theirthey employ, any expense thereby caused to the FMU shall be placed on the water bill.

22.50 Testing.

Customers may request a test to be made of the meter service serving their premises. Testing shall be conducted in conformance with American Water Works Association Manual M6, Chapter 5.

Arrangements for such test shall be made within five working days after receipt of the request. The customer shall be notified twenty-four hours before the time set for the test. The request for meter tests must be accompanied by a cash deposit for the respective meter size, in accordance with fee schedule as adopted from time to time by city council.

If the results of the meter test determine that the meter is:
(a) Registering not more than two percent faster or slower than the actual quantity of water passing through it, the deposit shall be retained by FMU;
(b) Registering more than two percent over registration, an accurate meter shall be installed, the deposit refunded and the water bills adjusted to correct the error discovered; (c) Registering more than two percent under registration, an accurate rate meter shall be installed, the deposit refunded and the customer billed for the amount of the undercharge; (d) In any event, the adjustment for overcharge or undercharge shall not exceed a period of six months or that during which it was measuring service to the customer, whichever is the lesser.

22.51 Erroneous meter readings; obstruction.
(a) Erroneous meter readings. Whenever a meter fails to register correctly, the customer shall be charged for a minimum service charge and for an estimated amount of water used, based upon the customer’s prior consumption during the same season of the year, if conditions were unchanged, or upon a reasonable comparison with use of other customers during the same period receiving the same class of service under similar circumstances. (b) Obstructing water meters. In accordance with section 22.6, it shall be unlawful for anyone to enclose a water meter with a fence, wall, hedge or otherwise obstruct access to water service meters and metering equipment. Upon the failure or refusal of the owner or customer to remove any such unlawful obstruction within a reasonable length of time, thirty days unless prevented by extenuating circumstances, after written notification to do so, the FMU director shall, at his option, order:
(1) The discontinuance of water service to the premises until the obstruction is removed; and (2) The customer to pay for the city cost for removal of the obstruction, including the cost of labor, equipment, materials, and administrative costs.

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EXHIBIT A

Article VIII. Customer’s Equipment.

22.52 Customer’s responsibility.

The customer(s) shall, at customer’s own risk and expense, furnish, install, and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water.

FMU shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper maintenance or wrongful act of the customer or of any of his tenants, agents, employees, contractors, licensees, or permittees in installing, maintaining, using, operating or interfering with such equipment. The customer shall be responsible for determining the pressure operation limits of customer’s fixtures and equipment and shall properly protect the same from a variance of water delivery pressures, including periods when for any reason whatsoever there is no water available.

22.53 Control or isolation valve.

The owner of premises to be served shall install a control or isolation valve on the house piping between the water meter and the first valve outlet on the premises. When old premises, to which a service connection has previously been installed, are being altered, a control valve shall be installed by the owner, if such is not already provided. The customer shall not operate the meter stop or valve in the meter box at any time.

22.54 Pressure relief valve.

Each water heater shall be equipped with a suitable pressure relief valve of a type and nature required by the California plumbing code and local building codes.

22.55 Backflow prevention and prohibition of cross-connection.

In making plumbing connections, the customer is required to comply with the FMU regulations, the California State Water Resources Control Board Division of Drinking Water, and the United States Public Health Service. Any type of connection which may permit a back pressure or back siphonage or cross connection from any external source into the FMU facilities is prohibited.

If the customer’s premises are considered high-risk in accordance with the categories identified the FMU’s Cross-Connection Control Policy Handbook, or if the FMU determines the need for backflow prevention through the hazard assessment process conducted in accordance with the FMU’s Cross- Connection Control Policy Handbook, the customer shall install a backflow prevention assembly on the customer’s side of the potable water system, as described in section 22.5, at the expense of the customer. FMU may terminate deliveries to any customer if it determines that the customer has failed to install and appropriately maintain required backflow assembly to protect the FMU facilities, and that a substantial risk to public health and safety, or potential risk to the water distribution system exists, whether or not the customer’s failure was willful or negligent.

To protect the public water supply from possible cross-connection or contamination from back pressure or back siphonage, an FMU backflow prevention assembly shall be installed. The type of assembly installed shall be as approved by FMU, and on the University of Southern California

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EXHIBIT A

Foundation for Cross-Connection Control and Hydraulic Research List of Approved Backflow Prevention Assemblies, as updated from time to time.

The approved backflow prevention assembly shall be installed in conformance with FMU installation requirements in the City standards and in a location accessible at all times to FMU for inspection. The costs of the approved backflow prevention assembly, its maintenance and inspection are the responsibility of the customer.

A previously installed backflow assembly which does not conform to current standards may remain in operation until such time as it requires replacement, fails annual test, any incidents of backflow have occurred, any changes are to be made to the premises it serves, or any change in use of the premises occurs. Should any one of the aforementioned events occur, the previously installed backflow assembly shall be replaced with a current approved assembly.

22.56 Backflow prevention assembly – inspection, repair, and costs.

FMU shall test and inspect all backflow prevention installations annually as required by the State Water Resources Control Board Cross-Connection Control Policy Handbook and the City’s Cross- Connection Control Policy Handbook. The City reserves the right to require testing at more frequent intervals, should the FMU director determine more frequent testing to be in the interest of public health and safety. The FMU director may reduce or suspend deliveries to any customer or other user of water if they determine that the customer or other user of water has failed to appropriately maintain required assemblies to protect the FMU facilities, and that a substantial risk of damage exists, whether the customer’s failure was willful or negligent.

In accordance with the FMU regulations, the City will notify each affected water user in advance when the tests are to be undertaken so that a customer representative may witness the tests if so desired.

All costs for annual testing, inspection, service, repair, overhaul, or replacement shall be at the expense of the property owner. Property owner shall be invoiced on a time and materials basis.

Should the City determine testing at a more frequent interval is required, the property owner shall be invoiced on a time and materials basis only if the backflow assembly fails the test.

Article IX. Water Rates and Charges.

22.57 Generally.

The procedure of rendering bills for water service, their payment, and the consequences on nonpayment, unless otherwise provided elsewhere in this chapter, shall be governed by the FMU regulations and the city’s financial policies, Chapter 600.

In conformance with Government Health and Safety Code Section 116900 et. seq., nothing in this section shall be construed to authorize the City to discontinue residential water service for nonpayment.

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22.58 Payment for service; "person" defined.

No person shall receive water service without payment of the rates and charges provided herein. The word "person" as used herein shall mean any individual, firm, or corporation, or the state or the United States of America or any public corporation, political subdivision, city, county, district, or agency of either, including this city.

22.59 Water rates.
(a) Water rates shall be charged by user class, as set forth in this section, reflecting the different capacity and water volume requirements for each class. Each user in a class shall pay charges in two parts:
(1) a daily service charge to be paid regardless of water use and (2) a volume charge to be the result of the rate for the user class applied to user’s volume usage. (b) Water rate user classes shall be as follows:
(1) "Residential" shall include all service to single-family, multi-family and mobile home properties.
(2) “General Service” shall include all non-residential accounts, except as otherwise provided in paragraphs (3) through (5).
(3) “Large Industrial” shall include non-residential accounts, using an average of over one million gallons per day.
(4) “Landscape Irrigation” shall be limited to those water users requiring service exclusively for landscaping purposes.
(5) “Raw Water Irrigation” shall be limited to those water users using non-potable water for landscape irrigation service.
(6) “Construction water meter jumpers” shall be limited to water users described under section

22.24. (c) The rates within each user class shall be established by resolution of the City Council. (d) Detector check valves for fire sprinkler systems shall be billed on the basis of the bypass meter size at the amount stated in this section. Privately-owned fire hydrants shall be billed an annual charge per fire hydrant as approved by resolution from time to time by city council, which charges shall cover all water furnished through the applicable sprinkler systems and hydrants. (e) Low Income Senior/Disabled Refund. A refund may be made to certain customers under the following conditions:
(1) On March 1, following the calendar year for which the refund is applicable, the customer making application for the refund meets all of the following criteria: (a) is over sixty-two (62) years of age, or is considered disabled under social security law and receives supplemental social security income for disabled persons, or is a veteran in receipt of a non service connected disability pension from the Veterans Administration, and (b) such individual is a "head of household," (c) that such individual has paid the charges imposed by this section for the twelve (12) months of the preceding calendar year, (d) that the combined annual "gross

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income" of the household of which such individual is head is less than or equal to the United States Housing and Urban Development eligibility limit for respective family size of household with very low income for the preceding calendar year, (e) that the water service for which such charges were paid was delivered to said individual’s residence, and (f) that such individual had made no other application for a refund for the same calendar year. (2) Beginning August 1, 2013, the amount of the refund referred to in paragraph (1) shall be $118.00. On each July 1 thereafter, the amount of the refund shall increase by the net percentage increase in residential rates from the prior July 1. The City Council may amend by resolution the conditions for receipt of the refund and the amount of the refund. (3) The refund provided for in paragraph (2) shall be applied for on a form prescribed by the city on or before March 1, and shall be payable before April 30 of each year for the preceding calendar year.
(4) As used herein, "head of household" shall mean the person filing or who would file a federal income tax return as a head of household, or a single individual, or the husband or wife, if a joint return is filed, but in such case, the individual applying for the refund must additionally declare that his or her spouse has not also applied for the refund for the same period of time.
(5) As used herein "gross income" shall include all compensation for wages, salaries, tips, interest income, rental income (after expenses), royalties, pensions, annuities, social security, SSI, and alimony.
(f) From time to time, the preparation of studies to determine the appropriate water rates to be charged based on the costs of service may be directed by the City Council or City Manager. All future water rate increases shall be subject to City Council approval in the manner required by law.
(g) FMU may use a variety and combination of methods to collect rates and charges, including but not limited to use of property tax roll, internal billing system, or third-party billing system,. In the event that customer is a tenant, both tenant and property owner shall be jointly and separately responsible.

22.60 Delinquent charge to be real property lien.

Charges for water service as set forth in section 22.59 of this chapter shall be considered delinquent if not paid by the due date stated on the bill. Following the procedures set forth under article III-6 of the FMU regulations, the delinquent charges shall constitute a lien upon the real property to which the unpaid charge for service was rendered. Such lien shall be imposed pursuant to the state government code section 54354.

22.61 Outside rates.

Every customer not covered by section 22.62 being supplied water from FMU to premises outside the city limits shall pay water rates and charges as established by separate agreement duly adopted

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by resolution from time to time by city council.

22.62 Large industrial, wholesale, and raw water contract rates.

Large Users as referenced herein are as determined by City Council, and typically (1) customers with average water demands that exceeds one (1) million gallons per day, or (2) customers who have been determined by City Council to qualify as a Large User on a case specific basis. The city council may negotiate and adopt separate contract rates different than those provided in section 22.59.

Contractual rates shall take preference over any other rates set forth in this chapter for Large Users.

Article X. Zone Connection Charge Within Pump Zones.

22.63 Purpose.

In order to fund the construction, maintenance, and operation of the special pump stations and reservoir sites required to serve water to customers located outside of Zone 1, inclusive, the Zone connection charge is hereby established as specified in this article which shall be in addition to all other charges levied by this code. The establishment of this additional connection charge creates no obligation on the part of the city to serve water above the 100-foot maximum elevation of Zone 1.

22.64 Zone connection charge.

FMU shall collect the Zone connection charges for installation of new water services located above the Zone 1 maximum water system service elevation of 100 feet. Connection charges shall be determined based on the water meter capacity, consistent with section 22.31. Charges shall be in the amount as established by separate resolution duly adopted from time to time by city council.

Zone connection charges shall, on April 1st of each year, automatically increase or decrease from the amounts then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years.

Construction costs and the increase or decrease therein shall be based on the Engineering News- Record Construction Cost Index for the San Francisco area.

22.65 Exemptions.

The provisions of this article shall not apply to areas in which prior to January 31, 1979 the Fairfield City Council approved development conditioned upon the formation of an assessment district or provision of a separate water pressure system installed and paid for by the developer to serve elevations between elevations 100 and 200 feet.

The areas located between 100 and 200 feet subject to this exemption shall be those areas shown on pressure zones 2A and 2B on that certain map entitled, "City of Fairfield, Domestic Water Reservoir Study, Recommended Plan, Pressure Zone No. 2, June 1975", a copy of which is on file with the Department of Public Works, and incorporated herein by reference.

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Article XI. Water Usage.

22.66 General provisions.
(a) Water resources available to the city shall be put to the maximum beneficial use possible. The purpose of this article is to prevent the misuse, or unreasonable use, or unreasonable method of use of water.
(b) The provisions of this article shall apply to all persons, customers, and property served water by the city. The provisions of this article are not applicable to uses of water that are necessary to protect public health and safety or for essential services, such as police, fire, and other similar emergency services.

22.67 Normal condition.

Water delivered to customers shall be used only for reasonable and beneficial use at all times. No customer or user shall knowingly waste or permit the waste of water. The following prohibitions and regulations shall be in effect at all times.
(a) Failure by any person to promptly repair a controllable water leak shall be prohibited. A "controllable" water leak is defined as any leak occurring from the customer’s water system including plumbing and irrigation fixtures for which the customer owns and/or is responsible.

This definition includes the entire water system within the boundaries of the customer’s property.

For example, broken sprinkler heads, leaking hose bibs, or broken water lines (under the customer’s home) are considered controllable water leaks. A person is not responsible for any portion of the system owned by the City or other public agency (e.g., water meter). (b) Landscape irrigation utilizing individual sprinklers or sprinkler systems of lawns, landscaped areas, trees, shrubs, or other plants shall occur only before 12:00 noon or after 6:00 pm. This restriction is applicable only during daylight savings time unless changed hereafter by resolution of the City Council.
(c) Landscape irrigation in a manner that causes runoff, or within 48 hours after measurable precipitation, is prohibited.
(d) Hosing off sidewalks, driveways and other hardscapes is prohibited, unless necessary to protect public health and safety.
(e) Use of non-recirculating systems in new conveyor car wash and commercial laundry systems is prohibited.
(f) Use of non-recirculating systems in a fountain or other decorative water features is prohibited. (g) Irrigating nonfunctional turf as defined in AB 1572 is prohibited. (h) All new installation of cooling systems using potable water as a coolant shall be recycling systems only. No single pass cooling systems shall be allowed. (i) Use of potable water for non-potable uses, including irrigation of landscape areas or industrial use, is prohibited when suitable non-potable water (including raw water) is available to an area.

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Article XII. Water Emergencies and Water Shortage.

22.68 Water emergency.

Pursuant to California water code section 350, the city council may declare a water shortage emergency indicating water shortage stage following a duly noticed public meeting when it finds and determines that FMU will not be able to provide normal water service demands for its customers without depleting the water supply to the extent that water available would be insufficient for human health and safety needs and fire protection. The water shortage stages may be implemented in any reasonable order and shall continue to be in effect until the city council makes a determination to terminate the applicable water shortage stage.
(a) Water shortage stages and shortage response actions shall be as provided in the City’s water shortage contingency plan, as updated from time to time and adopted by City Council. FMU may implement water shortage response actions as provided in the water shortage contingency plan for the corresponding water shortage stage in addition to mandated State prohibitions and restrictions.
(b) The city council may adopt water shortage surcharge rates during a water shortage emergency to support FMU response actions to maintain sufficient water supply for human health and safety and fire protection.
(c) The FMU director shall have discretion to determine that certain restrictions may be appropriate for implementation at an earlier stage and may recommend such restrictions for implementation to the City Council. The City Council may implement such additional restrictions as part of its declaration of a water shortage stage.
(d) Notwithstanding the foregoing, in the event of an unforeseeable event such as wildfire or infrastructure failure, causing an immediate emergency or water shortage, the city manager is hereby authorized to declare a water emergency and, if so declared, shall initiate implementation of the appropriate and necessary provisions of the city’s emergency response plan and/or water shortage contingency plan. As soon as possible after such a declaration, the city manager shall make a full report on the water emergency to the city council. During any such water emergency, the city manager and his/her designees may take all steps necessary to protect and preserve the water system, and to protect the health and safety of customers and users, including but not limited to locking out nonessential water services, obtaining and making available temporary water supplies.
(e) Consistent with the authorities in this section, FMU also reserves the right at any time to allocate its available water supply among its customers in a manner that it determines to be in the public interest in the event a water shortage condition exists for any reason.

22.69 Enforcement and penalties.

The provisions of this article may be enforceable and appealed as provided in sections 22.13 and

22.14. Under a water shortage emergency declaration, the city council may establish, and adopt by resolution, separate penalties and progressive fines associated with violation of the water shortage response actions in effect based on the corresponding water shortage stage. These penalties and fines are in addition to penalties provided under section 22.13, and shall remain in effect until the city council terminates the water shortage emergency.

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(a) In addition to the fines and penalties adopted by the city council, the customer shall be responsible for the city’s cost for labor, equipment, materials, and administrative cost to make corrections.
(b) In addition to the applicable fine, the city may install a flow restrictor on a customer’s water service connection for two months for a fourth and subsequent violation of this article during any water shortage stage. If no further violations of this article occur during this two-month period, the City shall remove the flow restrictor at the customer’s expense. If a violation occurs during this two-month period, the City may maintain the flow restrictor for an additional two months. The fee for the flow restrictor removal shall include reimbursement to the City for the cost of installation.
(c) Any peace officer or City code enforcement officer shall have the authority to enforce the provisions of this article. FMU representatives designated by the FMU director shall also have the authority to write and deliver notices of violations pursuant to this article.

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CHAPTER 22
WATER
Article I
. In General.

22.1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

Applicant. The property owner or his, her, or its authorized agent applying for water service, water service connection, or water main extension.

City. The City of Fairfield, a municipal corporation, and its duly authorized representatives.

Commercial office. The business office of the department of finance, located in the city hall.

Construction water permit. Permit required of anyone using water for construction purposes prior to installation of permanent meter.

Consumer. A person or entity receiving water service or other services from the water system.

Costs. Actual cost of materials and labor, plus a percentage factor for equipment rental and overhead.

Customer. A person or entity of record receiving water service or other services from the water system.

Demand. The rate of draft of water for specified time; the total quantity of water delivered or received for a specified time.

Fairfield municipal utilities. The water system.

Chief of police. The chief officer of the police department. (Ord. 93-9, § 17.) Fire chief. The chief officer of the fire department. (Ord. 93-9, § 17.) Main extension. Extension of distribution pipe lines, exclusive of service connections, beyond existing facilities.

Mains. The transmission or distribution pipe lines of the water system.

Premises. That separate identifiable and transferable lot or parcel of real property, including the improvements thereon except that portion thereof having well defined boundaries such as walls, fences or hedges, which prevent the common use of the property by all occupants, for the purpose of this chapter shall be considered separate premises.

The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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Regulations. Resolutions adopted by the city council which, in addition to the provisions of this chapter, govern the operation of the water system.

Services. The delivering or receiving of water; a water service connection; and act of duty performed by the water system.

Superintendent. The city water superintendent charged with the responsibility of administering, directing and representing the water system.

Water service. The delivery or receipt of water; a water service connection.

Water service connection. The connection including service pipes, meters and appurtenances through which water delivery is made.

Water system. The water division of the public works department of the city and the entire physical plant thereof.

22.2 Purpose of chapter; rates and charges adopted as condition to obtaining water. (a) Rules as set forth herein are adopted to govern the general operation of the Fairfield municipal utilities to provide an efficient and economical water supply. (b) The city council has the power to adopt by resolution those regulations which will further the purpose of this chapter, and which do not conflict with the provisions herein. (c) Rates, fees and charges as set forth herein or in the regulations are adopted as conditions to obtaining water and other services from Fairfield municipal utilities.

22.3 Right of entry to customer’s premises.

The water system or its duly authorized agents shall at all reasonable times have the right to enter or leave customer’s premises for any purpose properly connected with service to the customer.

22.4 Notice required for removal or displacement of water facilities for construction or street work.

All persons engaged in construction or street work shall give at least ten days’ written notice to the water system for removal or displacement of water system facilities that may interfere or conflict with street work, and any damage resulting to such facilities from such failure to give notice shall be charged against the person engaged in such work. All costs involved in the removal or displacing of water facilities shall be paid by the person engaged in such work, except where provisions of city permits or contracts state otherwise.

22.5 Liability of water system for damages.

The water system shall not be liable for damages resulting from:
(a) Any interruption of service or damage caused by spigots, valves or other equipment or fixtures The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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that are open when water is turned on, whether when water is turned on originally or when turned on after a temporary shutoff.
(b) Any increase or decrease in delivery pressure.

22.6 Conditions of service.

Every person taking water shall be considered as having expressed his consent to be bound by this chapter and the regulations adopted pursuant to section

22.2 of this chapter, and whenever any one of
the rules or regulations is violated, the right is reserved to discontinue water service system shall discontinue water service if the customer fails to comply within five days after the date of written notice of violation. If such noncompliance affects matters of health or safety, or affects the operation, maintenance or other costs of the water system, water service may be discontinued immediately and without notice.

The person whose water is thus discontinued shall forfeit all deposits made, and the water shall not be turned on again until all unpaid fees and charges are paid, and other requirements of this chapter or the regulations are fulfilled.

22.7 Permission for selling water.

It shall be unlawful for any person or entity other than Fairfield Municipal Utilities to sell water within the corporate limits of the city without having first received permission to do so from the city council.

22.7A
Water theft.

The taking of water from an unmetered connection in the city water system except as authorized by this chapter shall be unlawful. (Ord. No. 91-8, § 4.)

22.8 Disclosure of water customer records.

It is recognized that to information concerning the conduct of the people’s business is a fundamental and necessary right but that access may be withheld where the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. It is hereby found that no public interest is served by the release of names and addresses of and other information relating to water customers where the purpose of such release is to further the private or pecuniary interests of the person or organization requesting release and that the true names and addresses of, and other information relating to water customers does not concern the conduct of the people’s business. Based upon these findings, the names and addresses of and other information relating to water customers which is received by the water department in the regular course of furnishing water shall not be released to non-governmental persons or entities, except in the event that the person requesting release is able to demonstrate in writing and to the satisfaction of the water superintendent that such release relates to studies or investigations concerning the proper conduct of the business of the water department. In such event, the requested information will be furnished upon payment of an amount equal to the actual cost of providing the copy.

The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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22.9 Using water without making prior application.

A person taking possession of premises and using water without having made application for water service shall be held liable for all water used from the date of the last recorded meter reading. If application for service is not made within seven calendar days after notification to do so or if accumulated water bills are not paid upon presentation, the water service shall be discontinued without further notice.

22.10 Liability for service.

Upon commencement of water service, the applicant shall be liable for all water delivered through that particular service and all other charges applicable to such service. When two or more persons jointly make application for service, they shall receive a single periodic bill, but shall be jointly and individually liable for payment of all charges incurred.

22.11 Former customer owing bills.

When the applicant for water service is a former customer who has failed to pay all bills for previous water service or charges for any other service received from the water system, the superintendent shall refuse water service to the applicant until all outstanding bills or charges are paid and shall also require a cash deposit as a guarantee for the payment of future bills.

22.12 Changes in customer’s facilities.

Customers making any change in the size, character or extent of their facilities utilizing the water service which will require increasing the size of the existing service or result in a large or unusual increase in water usage shall immediately notify the water superintendent in writing.

22.13 Title to connections; transfer of service; refunds.

Title to all meters, service pipes and appurtenances used in providing a water service connection shall remain with the water system and the charges set forth in this chapter are for connections and do not convey any right of title.

The water service connection is for a water supply to the premises stipulated on the application and is not transferable to any other properties or premises.

If the water service is discontinued or abandoned, no right or refund of connection charges or credit in any manner accrues to the applicant, customer or successor.

22.14 Service connections requiring main extension.

In no event shall a water service connection be installed unless a water main of adequate capacity and delivery pressure extends in a public street or right-of-way across the entire frontage of property to be served. Wherever as a condition of service a water main must be extended, the same shall be installed by the applicant in compliance with the provisions set forth in this chapter and in the regulations.

22.15 Fire service connections.

When an application is made for fire service connections, such sprinkler and fire service installation The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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must be approved by the fire chief, by an approved fire rating bureau and by the superintendent. (Ord. 93-9, § 17.)
Water furnished through fire services shall be used only for extinguishing fires or for authorized testing of the fire system. Whenever a consumer wishes to test, he shall notify the superintendent at least three working days in advance.

If it is found that an unauthorized connection or use has been made, the consumer shall be notified to discontinue such connection or use, and if the consumer fails or refuses to do so, the water to such service shall be shut off and remain so until the fire service connection receives proper approval.

22.16 Temporary connections.

Whenever practical, temporary service connections shall be metered. Temporary connections shall be allowed for an initial sixty day period and extended by the superintendent on presentation of good and sufficient evidence that such extension is warranted. If unmetered, the superintendent shall determine a method to provide a record of consumption to the commercial office for each calendar month and the rates which will apply.

22.17 Contractors.

Contractors engaged in street construction or site development shall obtain a construction water permit and shall take water at a location specified by the superintendent. All water shall be metered unless exempted by the superintendent for good and sufficient reason. Meters will be supplied to the contractor by the water system. The daily service charge will be charged at 0.5 times the in-city rate for a two (2) inch turbine meter. The volume charge will be charged at 1.5 times the in-city rate for general service users class. Any required deposits shall apply. (Ord. No. 96-3, § 1.)

22.18 Individual building construction.

Individual builders or contractors engaged in building construction or development not connected with subdivision construction shall upon compliance with the applicable provisions of the regulations and this chapter obtain a construction water permit and shall agree to the provisions of section 16 of the regulations.

22.19 Purpose.

The public interest, health and general welfare of the city and its inhabitants require the acquisition and construction of water facilities and systems, necessary to serve new and altered structures within the city, and the public interest and economy require that, in order to provide funds for such purposes, there be established certain connection charges to be paid by the owner or owners of land upon which such structures are constructed or altered.

22.20 Authority of city to impose.

The connection charges provided for herein are established pursuant to the power granted by the legislature to the city by section 5471 of the health and safety code and section 54344 of the The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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government code; the power granted to the city by article XI, section 7 of the constitution to provide for the health and general welfare of the city and its inhabitants; and the power granted to the city by article XI, section 9 of the constitution to establish, purchase and operate public works to furnish its inhabitants with water.

22.21 Establishment; time payable.

In addition to all other charges established by the ordinance, rules and regulations of the city, there is hereby established a connection charge, in an amount determined pursuant to sections

22.22 ,

22.23 ,
and

22.25 and subject to the provisions set forth in sections

22.24 and

22.26 through

22.31 . Payment of
such charge shall be a condition precedent, except as provided in sections

22.24 and

22.25 , to
connection of any water and/or sewer system of the city, and shall be payable prior to the issuance of a permit pursuant to this code, provided, however, that such charge shall be payable only with respect to connection of a structure to one of such systems, not both. (Ord. No. 2008-02, § 5.)

22.22 Amount.

The connection charge shall be in the amount of $3,400 per family unit or equivalent effective July 1, 1991.

On April 1st of each year, the connection charge per family unit or equivalent shall automatically increase or decrease from the amount then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years, for which purpose construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area. On or before March 1 of each year, the director of public works shall:
(1) certify to the city council and the city building inspector the applicable percentage of increase or decrease for the following April 1st, pursuant to the foregoing provision, and the resulting change in the amount of the connection charge per family unit or equivalent; (2) submit to the city council a report, based on revenues and expenditures pursuant to this article, to the date of the report and revised estimates of future revenues and expenditures pursuant to this article for the purpose of review of and determination of whether any change should be made in the amount of the charge established by this section. (Ord. No. 87-17, § 1; Ord. No. 91-8, § 5; Ord. No. 95-30, § 4.)

22.23 Family units or equivalents.
(a) "Family" defined. As used in this section, "family" means one or more persons occupying a premises and living as a single nonprofit housekeeping unit. A family shall be deemed to include necessary servants.
(b) Residential structures. The following family units shall apply to residential structures:
(1) For each detached structure designed for occupation exclusively by one family, which structures shall include all single-family dwellings, there shall be assigned one family unit; and The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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(2)(A) For each structure or portion thereof designed for occupation by more than one family, each such family living independently of each other in a room or suite of rooms separated by a common wall or floor, which structures shall include condominiums, apartment houses, duplexes and such portion of hotels or motels which contain kitchen facilities in each room or suite of rooms designed for occupation by a family, and all mobile home parks, there shall be assigned one (1) family unit for the first room, suite of rooms or mobile home, designed for occupation by a family and sixty (60%) of a family unit for each remaining room, suite of rooms, and mobile home designed for occupation by a family; and
(B) For each structure or portion thereof designed exclusively for occupation by senior citizens, which structures shall include condominiums and apartment houses, there shall be assigned one (1) family unit for the first room, or a suite of rooms, designed for occupation by a family, and forty-five (45%) of a family unit for each remaining room, or suite of rooms, designed for occupation by a family. (Ord. No. 99-11, § 1.) (c) Other structures. There shall be assigned for commercial, industrial, office, church, private school, public facility and all other structures, including hotels and motels, or portions thereof; not containing rooms with kitchen facilities, and including portions of residential structures designed for commercial, office or other nonresidential use, a number of family unit equivalents determined on the basis of the estimated potential demand of such structures upon city water facilities and systems in relation to the normal potential demand of a single-family residential structure. Such determination shall be based on the capacity of the water meter for any such structure, in accordance with the following schedule:

METER UNIT SIZE (IN.)

METER TYPE

CAPACITY
(GAL/MIN)

FAMILY UNIT

EQUIVALENTS
5/8"
Displacement
10 1
3/4"
Displacement
10 1
1"
Displacement
17 2
1 1/2"
Displacement
34 5
2"
Compound
80 13
1 1/2"
Turbine
120
22 2"
Turbine
160
30 3"
Compound
160
30 4"
Compound
250
50 3"
Turbine
350
75 6"
Compound
500
120
The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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8"
Compound
800
210
4"
Turbine
1,000
275
10"
Compound
1,150
350
6"
Turbine
2,000
640
8"
Turbine
3,500
1,250
10"
Turbine
5,500
2,155
(d) If a meter has a size and/or capacity that does not appear on the above schedule, the city engineer shall determine the number of family unit equivalents by interpolating or extrapolating the schedule and rounding to the nearest full family unit equivalent. (e) Landscape irrigation. Family unit equivalents shall be assigned using the following schedule for irrigation service from a meter used solely to provide separate metering of landscape irrigation:

METER UNIT SIZE
(IN.)

METER TYPE

CAPACITY (GAL/MIN)

FAMILY UNIT

EQUIVALENTS
3/4"
Displacement
10 1
1"
Displacement
17 2
1 1/2"
Turbine
120
5 2"
Turbine
160
13 3"
Turbine
350
30 4"
Turbine
1,000
50 6"
Turbine
2,000
120
8"
Turbine
3,500
210(
(Ord. No. 98-8, § 3.)
(f) Fire service. No family units or equivalents shall be assigned for unmetered fire service.

22.24 Exemptions.

Connection charges pursuant to the provisions of this article shall not be payable with respect to new or altered structures for which a building permit therefore, pursuant to the building code adopted by the city at the time of issuance of such permit, was issued prior to the effective date of this article.

22.25 Charge for alteration or change of meter size.
(a) Where it is proposed to alter a structure in any way which results in a greater potential water demand therefore, or to change or replace an existing water meter by a meter of a larger size, the number of family units or equivalents applicable to such structure both prior and subsequent to such The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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alteration or change of meter size shall be determined pursuant to the provisions of section

22.23 , and a
connection charge based on the difference between the units applicable prior to such alteration or change of meter size shall be paid, whether or not a connection charge was theretofore payable with respect to such structure. The charge provided for in this section shall be deemed a connection charge for the purposes of this article, even if a new physical connection of a structure is not required, the continuance of the original physical connection being conditioned on payment of the charge provided for in this section. Unless such charge is paid prior to making such alteration or change of meter size, it shall be paid within thirty days of receipt of notice of the amount payable by reason of such alteration or change of meter size. Such notice shall be mailed, postage prepaid, registered, or any owner of such structure.
(b) No connection charge shall be payable when a water meter installed before December 16, 1986 is replaced by two meters, solely to provide for the separate metering of landscape irrigation. Sizing of meters installed pursuant to this subsection shall be within the sole discretion of the city engineer. If a smaller non-irrigation meter is not justified, the city engineer may allow the existing meter to stay in service rather than require it to be replaced with a new meter. Nothing in this subsection shall be construed to eliminate payment of a connection charge when otherwise due pursuant to subsection (a). (c) Where it is proposed to change or replace an existing water meter by a meter of a smaller size, no connection charge for capacity shall be required. (Ord. 2002-29, § 8.)

22.26 Action by city council.
(a) Appeal. Any determination made pursuant to sections

22.23 or

22.25 may be appealed to the city
council for a modification thereof.
(b) Special conditions relating to time of payment. Where, in the opinion of the city council, special conditions required the payment of connection charges at a time other than that specified above, it may provide for such charge to be paid at a time agreed to by written agreement with the owner of the property to which such charge applies.
(c) Form of action. Action by the city council pursuant to this section may be by motion or resolution. (d) Event of nonpayment. If, for any reason, connection charges pursuant to this section are not paid within five days after the time or times agreed to by written agreement with the owner of the property, said charges shall become a lien against said property and shall be added to and collected with the next regular tax bill levied against said property.

22.27 Penalty for nonpayment.

For the nonpayment of the full amount of the connection charge when payable, the owner of the property to which such charge applies shall be liable for a basic penalty in the amount of ten percent of such charge and, in addition, for a penalty of one-half of one percent per month upon the unpaid portion of such charge and the basic penalty.

The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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22.28 Disconnection for nonpayment.

In the event of connection to any sewer and/or water system of the city without payment of the full amount of the connection charge, such connection shall be deemed illegal, and the structure so connected may be disconnected by city.

22.29 Lien against property.

Connection charges payable pursuant to this article shall, in accordance with and pursuant to section 5473.11 of the health and safety code, constitute a lien against the property to which such charge is applicable.

22.30 Place of payment.

Water connection charges shall be payable at the office of the building inspector, City Hall, Fairfield, California.

22.31 Use of proceeds.

There is hereby created a water facilities fund into which all sums collected pursuant to this article shall be deposited.

The monies in such water facilities fund shall be used solely to acquire or construct water supplies, facilities, and systems; to repay principal and interest on bonds issued for the acquisition or construction of such water supplies, facilities and systems; to repay federal or state loans or advances made to the city for the construction of such water facilities and systems; and to pay for administration of connection charge collection.

22.32 No refunds.

In the event that the building for which a connection charge has been paid is not under construction within 180 days of issuance of the plumbing permit, or in the event construction stops for 180 days, the connection charge paid shall lapse and the full amount of the connection charge in effect at the commencement or recommencement of construction shall be required. The city shall not refund the lapsed connection charge, but shall grant a credit on such connection charge in the amount of the previously paid connection charge.

22.33 Installation charges - new service.

The water system shall collect the following charges for the installation of new water service connections installed by city forces. Where unusual conditions prevail, charges will be based on actual costs.

Service Connections
Charge
3/4" service pipe
$490.00
1"
510.00
1 1/2"
550.00
The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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2"
610.00
3"
750.00
4"
900.00

22.34 Same - New meter and box.

Charges for meter and box are to be added to the charges for service installation and are held as a separate charge for the convenience of subdividers or contractors where all pipe is installed by the owner. The water system shall collect the following connection charges for the installation of water meter and box:

Meter Size
Charge
3/4" meter and box
$80.00
1" meter and box
110.00
1 1/2" meter and box
200.00
2" compound meter and box
515.00
3" compound meter and box
820.00
4" compound meter and box
1,365.00

22.35 Same - Increase or decrease.

All rates and charges provided for in sections

22.33 and

22.34 of this chapter, unless otherwise
specified, shall, on April 1st of each year, automatically increase or decrease from the amounts then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1 of each of the two immediately preceding years. Construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area. (Ord. No. 95-30, § 5.)

22.36 Same - Large service connections and special conditions.

For any installation greater than four inches in size, the application will deposit an amount equal to the estimated installation cost at the time of application; additional billing or refund will be made on such deposit after actual installation costs have been determined at the completion of the work. Where special conditions exist, the city reserves the right to furnish special meters with the applicant to pay actual installation cost.

22.37 Same - To be paid prior to installation, etc.

All connection charges shall be paid prior to installation, and in the case of new construction must be paid before the building permit is issued.

22.38 Same - Advance deposit in certain cases.

In the case of connection charges on a cost plus basis, a deposit must be made in advance of the The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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estimated cost and an adjustment made upon completion. If the cost is over the estimate, the applicant will be billed for the difference; if the cost is less, the water system will refund the difference.

22.39 Changes in size of meter, pipe, etc., at expanse of customers.

Changes in size of meter, service pipe, or both of the existing service connections shall be at the expense of the customer less fifty percent of the cost of a new meter of the size being replaced.

22.40 Changes in location of meters and connections at expense of customers.

When the relocation of an existing meter or service connection is requested for the customer’s convenience, the relocation shall be at the customer’s expense.

22.41 Water main extensions by city - Generally.

When the city council shall determine it to be in the public interest for the city to extend water lines in advance of street development or for any other purpose, the superintendent shall be ordered to proceed with such extensions to the extent and in the manner determined by the city council. Such extensions may be installed at the cost of the city or pursuant to appropriate assessment district proceedings.

If the city council determines at the time of ordering any such main extension that this section shall be applicable thereto, accurate records of the costs thereof shall be maintained by the superintendent, together with an allocation of such costs to all parcels of property, which will be served thereby. Such allocation shall be based on such formula as will result in such costs being apportioned to such parcels in proportion to the benefits thereto, severally and respectively.

22.42 Same - Special connection charges.

At the time of installation of any water service connection which will be served in whole or in part by a water main to which special connection charge, in addition to all other charges and fees provided for by this chapter. Such charge shall be in an amount equal to the cost allocated to the parcel of property by the superintendent, as provided in section

22.41 of this chapter.

If a water main extension is financed by assessment district proceedings, any charge provided for by this section with respect thereto shall be deemed paid for each parcel of property within such assessment district, by virtue of the assessment levied thereon in such proceedings.

22.43 Plans.

Any applicant for water service which will require water main extension shall install the same at his own cost and expense. Any applicant for water service which will require other water facility extension may install the same at his own cost and expense. Plans for such extension or extensions shall be submitted to and approved by the city engineer.

22.44 Surety bond.

In the event the applicant installs water facility extensions, he shall furnish the city a surety company bond in an amount equal to at least one-half the city engineer’s estimate of the installation costs, to guarantee faithful performance by the application, and surety company bond in an equal amount to The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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guarantee claims of persons employed by the applicant and claims of persons who furnish materials, supplies and implements used by the applicant on such work.

22.45 Evidence of title transfer to city.

When water facility extensions are installed and upon the execution and delivery by the applicant of a good and sufficient document evidencing transfer of title of the facilities to the city, water shall be furnished to the applicant’s property.

22.46 Maintenance.

Where replacements or adjustments for any water meters are necessary by the act, neglect or carelessness of the owner or occupant of any premises or anyone in their employ, any expense thereby caused to the water system shall be placed on the water bill and collected from the property owner.

22.47 Testing.

Customers shall have the right to request a test to be made of the meter service serving their premises in the manner provided in section 20 of the regulations.

If the results of the meter test determine that the meter is:
(a) Registering not more than two percent faster or slower than the actual quantity of water passing through it, the deposit shall be retained by the water system; (b) Registering more than two percent over registration, an accurate meter shall be installed, the deposit refunded and the water bills adjusted to correct the error discovered; (c) Registering more than two percent under registration, an accurate rate meter shall be installed, the deposit refunded and the customer billed for the amount of the undercharge; (d) In any event, the adjustment for overcharge or undercharge shall not exceed a period of six months or that during which it was measuring service to the customer, whichever is the lesser.

22.48 Erroneous meters; obstruction.
(a) Erroneous meters. Whenever a meter fails to register correctly, the customer shall be charged for a minimum service charge or for an estimated amount of water used, based upon the customer’s prior consumption during the same season of the year, if conditions were unchanged, or upon a reasonable comparison with use of other customers during the same period receiving the same class of service under similar circumstances.
(b) Obstructing water meters. It shall be unlawful for anyone to enclose a water meter with a fence, wall, hedge or otherwise obstruct access to water service meters. Upon the failure or refusal of the owner or customer to remove any such unlawful obstruction within a reasonable length of time, thirty days unless prevented by extenuating circumstances, after written notification to do so, the superintendent shall, at his option, order:

The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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(1) The discontinuance of water service to the premises until the obstruction is removed; or (2) The customer to pay an additional charge of five dollars as penalty for each meter reading taken until the obstruction is removed.

22.49 Customer’s responsibility.

The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the water system shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper maintenance or wrongful act of the customer or of any of his tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with such equipment. The customer shall be responsible for determining the pressure operation limits of his fixtures and equipment and shall properly protect the same from a variance of water delivery pressures, including periods when for any reason whatsoever there is no water available.

22.50 Control valve.

The owner of premises to be served shall install a control valve on the house piping between the water meter and the first valve outlet on the premises. When old premises, to which a service connection has previously been installed, are being altered, a control valve shall be installed by the owner, if such is not already provided. The customer shall not operate the meter stop or valve in the meter box at any time.

22.51 Pressure relief valve.

Each water heater shall be equipped with a suitable pressure relief valve of a type and nature required by the uniform plumbing code and building code.

22.52 Backflow prevention - generally.

The city council may by resolution establish regulations governing cross connection control between the water system and the plumbing on any premises.

22.53 Same - Inspection of devices; repair, etc., costs.

The water system shall test and inspect all such backflow prevention installations as required and all costs for service, repair, overhaul, or replacement shall be at the expense of the property owner.

22.54 Generally.

The procedure of rendering bills for water service, their payment and the consequences on nonpayment, unless otherwise provided elsewhere in this chapter, shall be governed by the regulations.

22.55 Disputed bills.

In case of dispute as to payment of a bill previously rendered, the customer will be required to present the receipted bill, canceled check or other satisfactory evidence before adjustment or corrections shall be made.

The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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22.56 Payment for service; "person" defined.

No person shall receive water service without payment of the rates and charges provided herein. The word "person" as used herein shall mean any individual, firm, or corporation, or the state or the United States of America or any public corporation, political subdivision, city, county, district, or agency of either, including this city.

22.57 Water rates.
(a) Water rates shall be charged by user class, as set forth in this section, reflecting the different capacity and water volume requirements for each class. Each user in a class shall pay charges in two parts: 1) a daily service charge to be paid regardless of water use and 2) a volume charge to be the result of the rate for the user class applied to user’s volume usage, as measured in units of 100 cubic feet.
(b) Water rate user classes shall be as follows:
(1) "Residential" shall include all service to single-family, multi-family and mobile home properties.
(2) “General Service” shall include all non-residential accounts, except as otherwise provided in paragraphs (3) through (5).
(3) “Large Industrial” shall include non-residential accounts, using an average of over one million gallons per day.
(4) “Landscape Irrigation” shall be limited to those water users requiring service exclusively for landscaping purposes, which service is offered on an interruptible basis for use solely during the daily off-peak time period of 11:00 p.m. to 5:00 a.m. Violation of these conditions shall be grounds for the user to be billed under the “General Service” class. This class shall pay no service charge and the volume charge shall be equal to the “General Service” class. (5) “Special Landscape Irrigation” shall be limited to those water users meeting the following conditions: (a) the user is within an area planned for reclaimed water service within the next five years, (b) the user contracts with the city for reclaimed water irrigation service when available, and (c) all other conditions for potable water irrigation service are met. Cemetery districts that otherwise meet the above conditions and irrigate more than 17 acres shall be allowed extended hours of irrigation service, from 8:00 p.m. to 8:00 a.m. Violation of these conditions shall be grounds for the user to be billed under the “General Service” class. This class shall pay no service charge and the volume charge shall be fifteen percent (15%) less than the “General Service” class.
(6) “Reclaimed Landscape Irrigation” shall be limited to those users actually using reclaimed water for landscape irrigation and for whom rates are not set by a reclaimed water service contract. This class shall pay no service charge and the volume charge shall be twenty-five The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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percent (25%) less than the “General Service” class. (Ord. 2002-29, § 1.) (c) The rates within each user class shall be established by resolution of the City Council. (Ord. No. 96-16, § 3; Ord. No. 99-1, § 2; Ord. No. 2000-11, § 1; Ord. 2002-29, § 2, Ord. No. 2004-20, §1, Ord. No. 2006-26, §1)
(d) Any user whose property is located at or above 200 feet in elevation shall, in addition to the volume charge paid under subsection (a), pay a zone 3 volume surcharge equal to $.30 per 100 cubic feet, effective June 7, 1995. Any user whose property is located at or above 400 feet in elevation shall, in addition to the volume charge paid under subsection (a) and the zone 3 volume surcharge paid under this subsection, pay a zone 5 volume surcharge equal to $0.30 per 100 cubic feet effective June 7, 1995. Any user whose property is served by a hydroneumatic pumped system shall pay a demand pump surcharge of $0.20 per 100 cubic feet effective June 7, 1995. (e) Any general service turbine meter installed before May 19, 1987, shall be charged the same daily service charge as a compound meter of equivalent size.
(f) Detector check valves for fire sprinkler systems shall be billed on the basis of the bypass meter size at the amount stated in this section, and municipally-owned fire hydrants shall be billed an annual charge of one dollar per fire hydrant, which charges shall cover all water furnished through the applicable sprinkler systems and hydrants. (Ord. No. 95-10, § 2; Ord. No. 2008-03, § 1; Ord. No. 2009- 19, § 1.)
(g) Low Income Senior/Disabled Refund. A refund may be made to certain customers under the following conditions:
(1) On March 1, following the calendar year for which the refund is applicable, the customer making application for the refund meets all of the following criteria: (a) is over sixty-two (62) years of age, or is considered disabled under social security law and receives supplemental social security income for disabled persons, or is a veteran in receipt of a non service connected disability pension from the Veterans Administration, and (b) such individual is a "head of household," (c) that such individual has paid the charges imposed by this section for the twelve (12) months of the preceding calendar year, (d) that the combined annual "gross income" of the household of which such individual is head is less than or equal to the United States Housing and Urban Development eligibility limit for a family of two with very low income for the preceding calendar year, (e) that the water service for which such charges were paid was delivered to said individual’s residence, and (f) that such individual had made no other application for a refund for the same calendar year. (Ord. No. 96-16, § 4; Ord. No. 2000-11, Sec. 3; Ord. 2002-29, § 4, Ord.

No. 2004-20, §2)
(2) Beginning August 1, 2013, the amount of the refund referred to in paragraph (1) shall be $118.00. On each July 1 thereafter, the amount of the refund shall increase by the net percentage The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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increase in residential rates from the prior July 1. The City Council may amend by resolution the conditions for receipt of the refund and the amount of the refund. (Ord. 2002-29, § 4.) (3) The refund provided for in paragraph (2) shall be applied for on a form prescribed by the city on or before March 1, and shall be payable before April 30 of each year for the preceding calendar year.
(4) As used herein, "head of household" shall mean the person filing or who would file a federal income tax return as a head of household, or a single individual, or the husband or wife, if a joint return is filed, but in such case, the individual applying for the refund must additionally declare that his or her spouse has not also applied for the refund for the same period of time. (5) As used herein "gross income" shall include all compensation for wages, salaries, tips, interest income, rental income (after expenses), royalties, pensions, annuities, social security, SSI, and alimony. (Ord. No. 87-17, § 2; Ord. No. 87-27, § 1; Ord. No. 87-37, § 1; Ord. No. 88-1, § 1; Ord. No. 91-8, § 1; Ord. No. 2000-11, § 3; Ord. 2002-29, § 4, Ord. 2004-20, § 2. Formerly

22.57C.)
(h) Recreational Field Exemption. The city council may by resolution exempt from the water rates provided for in this article any water used exclusively for irrigating city parks or recreational fields and landscaping of a school district, which would otherwise be subject to the "landscape irrigation" or "special landscape irrigation" user classes pursuant to Section

22.57 . (Ord. No. 94-9, § 2; Ord. 2002-29,
§ 7. Formerly 22.57E.)
(i) From time to time, the preparation of studies to determinate the appropriate water rates to be charged based on the costs of service may be directed by the City Council or City Manager. All future water rate increases shall be subject to City Council approval in the manner required by law. (Ord. No. 2012-01, §§ 1 - 4; Ord. No. 2013-10, §§ 1, 2; Ord. No. 2017-17, § 1.)

22.57A
Annual rate adjustment.

Repealed by Ord. 2012-01. (Ord. No. 94-9, § 1; Ord. No. 98-32, § 3; Ord. No. 2009-19, § 2.)

22.57B
Cost of service adjustments.

Repealed by Ord. 2012-01. (Ord. No. 2009-19, § 3.)

22.57C
Low income senior/disabled refund.

Recodified to Sec. 22.57(g) by Ord. 2012-01.

22.57D
Deferred rate increase.

Repealed by Ord. 2012-01. (This section was previously repealed by Ordinance 2002-29, § 5, then a new Section 22.57D was added by Ord. 2004-20, §3.)

22.57E
Recreational field exemption.

The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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Recodified to Sec. 22.57(h) by Ord. 2012-01.

22.58 Standby service charge.

This section repealed by Ord. No. 78-33, § 2.

22.59 Delinquent charge to be real property lien.

Charges for water service as set forth in section

22.57 of this chapter shall be considered delinquent if not paid within 30 days. After compliance by the water system with section 36 of the regulations, the delinquent charges shall constitute a lien upon the real property to which the unpaid charge for service was rendered. Such lien is imposed pursuant to the state government code § 54354. (Ord. No. 87-37, §

2.)(Ord. 95-30,eff. 1/19/96)(Ord. 2000-11, eff.1/5/01)

22.60 Outside rates.

Every customer not covered by section

22.61 being supplied water from the water system to premises outside the city limits shall pay water rates and charges which shall be fifty percent over and above the rates and charges established for water users within the corporate limits of the city. (Ord. No. 87-37, § 3; Ord. 2002-29, § 6.)

22.61 Industrial wholesale and raw water.

The city council reserves the right to negotiate by contract rates different than those expressed in this chapter; such contractual rates shall take preference over any other rates set forth in this chapter.

22.62 Purpose.

In order to fund the construction, maintenance, and operation of the special pump stations and reservoir sites required to serve water to customers located between elevation 100 feet and 200 feet, inclusive, there is hereby established the additional connection charge specified in this article which shall be in addition to all other charges levied by this code. The establishment of this additional connection charge creates no obligation on the part of the city to serve water above the 100-foot elevation.

22.63 Pressure Zone Two connection charge.

The water system shall collect the following charges for installation of new water services located between the elevation of 100 and 200 feet:
(a) The connection charge shall be in the amount of five hundred dollars per family unit or equivalent. (b) The number of family unit equivalents for a service shall be determined as provided in Article IV of this chapter.

22.64 Same - Increase or decrease.

All charges provided for in Sec. 22.63, unless otherwise specified, shall, on April 1st of each year, automatically increase or decrease from the amounts then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1 of each of the two immediately preceding years. Construction costs and the increase or decrease therein shall be based The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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on the Engineering News-Record Construction Cost Index for the San Francisco area. (Ord. No. 95-30, § 6.)

22.65 Exemptions.

The provisions of this article shall not apply to areas in which prior to January 31, 1979 the Fairfield City Council approved development conditioned upon the formation of an assessment district or provision of a separate water pressure system installed and paid for by the developer to serve elevations between elevations 100 and 200 feet.

22.66 Map.

The areas located between 100 and 200 feet subject to this article shall be those areas shown on pressure zones 2A and 2B on that certain map entitled, "City of Fairfield, Domestic Water Reservoir Study, Recommended Plan, Pressure Zone No. 2, June 1975", a copy of which is on file with the Department of Public Works, and incorporated herein by reference. (Ord. No. 79-14, § 1; Ord. No. 86- 52)

22.70 Purpose.

Repealed by Ord. No. 93-15, § 1.

22.71 Surcharge imposed.

Repealed by Ord. No. 93-15, § 1.

22.72 Conditions permitting supplemental water allocations.

Repealed by Ord. No. 93-15, § 1.

22.73-22.79
Reserved for future legislation.

22.80 Purpose.

Repealed by Ord. No. 93-15, § 2.

22.81 General provisions.

Repealed by Ord. No. 93-15, § 2.

22.82 Water use regulations and prohibitions.

Repealed by Ord. No. 93-15, § 2.

22.83 New public landscaping.

Repealed by Ord. No. 93-15, § 2.

22.84 Increased penalties for water theft.

Repealed by Ord. No. 93-15, § 2.

22.85 General provisions.
(a) Declaration. It is hereby declared that, because of the Mediterranean climate and recurring The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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drought conditions often prevailing in the City of Fairfield and other areas in the State of California, the general welfare requires that the water resources available to the City be put to the maximum beneficial use possible and the misuse or unreasonable use or unreasonable method of use of water be prevented.
(b) Application. The provisions of this article shall apply to all persons, customers, and property served water by the City of Fairfield. The provisions of this article are not applicable to uses of water that are necessary to protect public health and safety or for essential services, such as police, fire, and other similar emergency services. The provisions of this section also do not apply to the use of non- potable water, such as recycled or reclaimed water. (Ord. No. 94-23, § 1; Ord. No. 2015-10, § 3.

Formerly 22.86.)

22.86 Normal condition.

The following prohibitions and regulations shall be in effect at all times. (a) Failure by any person to promptly repair a controllable water leak shall be prohibited. A "controllable" water leak is defined as any leak occurring from the customer’s water system including plumbing and irrigation fixtures for which the customer owns and/or is responsible. This definition includes the entire water system within the boundaries of the customer’s property. For example, broken sprinkler heads, leaking hose bibs, or broken water lines (under the customers home) are considered controllable water leaks. A person is not responsible for any portion of the system owned by the City or other public agency (e.g., water meter).
(b) Landscape irrigation utilizing individual sprinklers or sprinkler systems of lawns, landscaped areas, trees, shrubs, or other plants shall occur only before 12:00 noon or after 6:00 pm. This restriction is applicable only during daylight savings time unless changed hereafter by resolution of the City Council.
(c) All new installation of cooling systems using potable water as a coolant shall be recycling systems only. No single pass cooling systems shall be allowed except by resolution of the City Council. (Ord.

No. 2015-10, § 3. Formerly 22.87.)

22.87 Stage I water shortage
In addition to the permanent prohibitions and regulations established in section

22.86 , the following
prohibitions and regulations shall apply when the City Council declares a State I water shortage:
(a) No person may wash down paved areas, including, but not limited to, sidewalks, streets, walkways, patios, driveways, alleys or parking areas, with potable water. (b) Vehicles may only be washed with the use of a controllable water source, such as a bucket or hose affixed with an automatic shut-off nozzle, or at a commercial car wash. (Ord. No. 2015-10, § 3.)

22.88 Stage II water shortage
The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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In addition to the prohibitions and regulations in effect during a Stage I water shortage, the following prohibitions and regulations shall also apply when the City Council declares a State II water shortage:
(a) No person may use water for the purpose of washing a building, home, or other structure unless through use of a pressure washer.
(b) Landscape irrigation with potable water shall be limited to four days per week, unless the City Council or Public Works Director declares that landscape irrigation with potable water shall be limited to three days per week.
(c) No person shall operate any fountain or other aesthetic water features unless the fountain or water feature is constructed with a water recirculation system. (d) All eating and drinking establishments of any kind whatsoever including, but not limited to, any restaurant, hotel, cafe, cafeteria, bar, or club shall only provide drinking water upon request. (e) All hotels, motels and bed and breakfast establishments shall provide customers the option of choosing not to have towels laundered daily. Each establishment shall prominently display notice of this option and the existence of drought conditions within the City in each guest room using clear and easily understood language.
(f) All construction projects shall use reclaimed water to the extent feasible. (Ord. No. 2015-10, § 3.)

22.89 Stage III water shortage
In addition to the prohibitions and regulations in effect during a Stage II water shortage, the following prohibitions and regulations shall also apply when the City Council declares a State III water shortage:
(a) Landscape irrigation with potable water shall be limited to two days per week. (b) Use of potable water to flush hydrants, except where required for public health or safety or as otherwise required by law is prohibited.
(c) Construction or permitting of new pools and/or spas shall be prohibited. (d) All construction projects shall use reclaimed water only. (Ord. No. 2015-10, § 3.)

22.90 Stage IV water shortage.

In addition to the prohibitions and regulations in effect during a Stage III water shortage, the following prohibitions and regulations shall also apply when the City Council declares a State IV water shortage:
(a) The use of potable water for construction projects shall be prohibited. (b) No person may fill a pool, spa, decorative fountain, or aesthetic water feature with potable water. (c) No person may operate a decorative fountain or other aesthetic water feature using potable water.

The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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(d) Landscape irrigation with potable water shall be prohibited at all times. (Ord. No. 2015-10, § 3.)

22.91 Procedure for Implementing a water shortage stage.

The City Council may declare a water shortage stage and implement the accompanying restrictions by resolution after conducting a public hearing, notice of which shall be published not less than ten days before the hearing in a newspaper of general circulation within the City. Within ten days after adoption of the resolution, a copy of the resolution shall be published in a newspaper of general circulation within the City.

The Public Works Director has discretion to determine that certain restrictions may be appropriate for implementation at an earlier stage and may recommend such restrictions for implementation to the City Council. The City Council may implement such additional restrictions as part of its declaration of a water shortage stage. (Ord. No. 2015-10, § 3.)

22.92 Penalties and enforcement.
(a) Each violation of a provision of this article shall constitute a separate violation and shall be enforced accordingly. All violations occurring on a water customer’s premises or using water delivered through a customer’s water service connection shall be the responsibility of the customer. (b) A violation of this article shall be subject to a fine not to exceed the amounts provided below:
(1) Fines applicable during normal conditions:
a. First offense: a written warning to refrain from further violations of this article. b. Second offense within the preceding twelve months: $25. c. Third offense within the preceding twelve months: $50. d. Fourth and subsequent offense within the preceding twelve months: $100. (2) Fines applicable during a Stage I or Stage II water shortage:
a. First offense: a written warning to refrain from further violations of this article. b. Second offense within the preceding twelve months: $50. c. Third offense within the preceding twelve months: $100. d. Fourth and subsequent offense within the preceding twelve months: $250. (3) Fines applicable during a Stage III water shortage:
a. First offense: $50.
b. Second offense within the preceding twelve months: $100.

The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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c. Third offense within the preceding twelve months: $200. d. Fourth and subsequent offense within the preceding twelve months: $350. (4) Fines applicable during a Stage IV water shortage:
a. First offense: $100.
b. Second offense within the preceding twelve months: $200. c. Third offense within the preceding twelve months: $300. d. Fourth and subsequent offense within the preceding twelve months: a fine of $500. (c) In addition to the applicable fine, the City may install a flow restrictor on a customer’s water service connection for two months for a fourth and subsequent violation of this article during any water shortage stage. If no further violations of this article occur during this two-month period, the City shall remove the flow restrictor at the customer’s expense. If a violation occurs during this two-month period, the City may maintain the flow restrictor for an additional two months. The fee for the flow restrictor removal shall include reimbursement to the City for the cost of installation. (d) The provisions of this article may be enforceable through the City’s administrative citation process as provided in sections 1.12 through 1.18.
(e) Any peace officer or City code enforcement officer shall have the authority to enforce the provisions of this article. City meter readers and City public works staff designated by the Director of Public Works shall also have the authority to write and deliver notices of violations pursuant to this article. (Ord. No. 94-23, § 1; Ord. No. 2015-10, § 3. Formerly 22.89.) The Fairfield Municipal Code is current through Ordinance 2025-08, passed September 16, 2025.

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