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A. Violation of SCC 8.50.010 – Unpermitted Use of Fire Hydrant – Obstruction of Pipeline or Pipeline Easement. Any unpermitted use of district fire hydrants shall result in a fine of $100.00.

Whenever any construction or activity is being performed contrary to the provisions of SCC 8.50.010, the General Manager may issue written notice to the responsible party to stop work immediately on that portion of the construction on which the violation has occurred. No work shall proceed on that portion until corrective measures have been taken and have been approved by the General Manager.

Any obstruction placed on any water pipeline or pipeline easement which may impede or otherwise interfere with the CSA’s ready access to any portion of its water system shall, upon CSA’s written request, be immediately removed by the property owner, or their agent, at no cost to the CSA. If the obstruction is not immediately removed by property owner, the CSA may remove the obstruction at the property owner’s expense.

B. Violation of SCC 8.50.015 – Failure to Pay Fees/Install Shut-Off Valve. Bills unpaid after 30 days shall have a 10 percent one-time late fee added to the bill and the adjusted amount (bill and late fee and any interest) shall thereafter earn interest at the rate of one percent per month, which shall be added at the end of each month.

The failure of an owner to install an approved shut-off valve shall result in a discontinuance of service until such valve is properly installed at the sole discretion of the General Manager.

C. Violation of SCC 8.50.020 – Unauthorized Installation of Water Service Infrastructure. Any work or connections of pipes, valves, meters or any water service infrastructure made without approval of the CSA shall be considered as unauthorized and shall be immediately disconnected by the CSA at the property owner’s expense.

D. Violation of SCC 8.50.025 – Unlawful Water Connection to Vacant Parcel. The General Manager shall be empowered to cause the disconnection of any such water service connections to vacant parcels for which a meter and meter assembly is not in place within the meter/valve box and shall assess a fine of $500.00 for each connection to CSA water not supported by an application, approval and the payment of fees.

E. Violation of SCC 8.50.030 – Dust Control. The use of CSA water for dust control except as provided for in SCC 8.50.030 shall result in a fine of $250.00 for each violation.

F. Violation of SCC 8.50.035 – Cross Connection. Any person, firm or corporation causing or allowing the maintenance, temporarily or permanently, of a cross connection between plumbing pipes and/or water fixtures being served water by CSA, which causes or allows any other source of water through backflow or other means to enter into the CSA supplies as described in SCC 8.50.035 shall be subject to a fine of $1,000 for each violation, and subject to disconnection if it is determined by the General Manager to be a threat to public health and safety.

G. Violation of SCC 8.50.040 – Failure to Timely Pay Water Rate Fees, Charges, or Fines. Any delinquent water service charges incurred in the current or immediately preceding fiscal year and penalties thereon may be placed on the annual county tax roll for collection pursuant to Cal. Water Code Section 55501.

Water service may be disconnected and shut off if fees, charges, or fines are not paid in full by the twentieth day of the month following the month in which the fee, charge, or fine has not been paid, unless otherwise prohibited by law. A disconnect fee and a reconnection fee shall be charged to the owner for any water service required to be disconnected as a result of nonpayment of fees. Without prejudice to any other right, remedies, or relief given or granted to the CSA, the CSA may terminate water service for nonpayment of delinquent service charges, penalties, interest and finance charges, provided the CSA gives notice of the delinquency and impending termination of water service, at least 10 days prior to the proposed termination by means of personal service or notice mailed postage prepaid to the customer to whom the service is billed, not earlier than 19 days from the date of mailing the CSA’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice. Every notice of termination of water service pursuant to this chapter shall include the following information:

1. Name and address of customer whose account is delinquent;

2. Amount of the delinquency;

3. Date by which payment or arrangements for payment is required in order to avoid termination of water service;

4. Procedure by which the customer may initiate a complaint or request an investigation concerning service or charges and the procedure by which the customer or owner may request amortization of the unpaid charges;

5. Procedure by which the customer may request amortization of the unpaid charges;

6. Procedure for the customer to obtain the information on availability of financial assistance, including private, local, state, or federal sources, if applicable;

7. Telephone number and email address of a representative of the CSA who can provide additional information arrangements for payment.

The CSA shall make a reasonable and good faith effort to contact an adult person residing at the premises of the customer by telephone or personal contact, at least 48 hours prior to any planned termination of water service, except that whenever telephone or personal contact cannot be accomplished, the CSA shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of termination of water service, at least 48 hours prior to termination.

H. Violations of SCC 8.50.045 – Wells within CSA 5 Zone 5A. Any parcel that is vacant and does not have a domestic water well in existence on the parcel and serving water to an existing residence as of the effective date of the ordinance codified in this chapter and thereafter drills a domestic water well shall be subject to a fine of $100.00 per day until the well is abated.

If, at any time, a connection between a well, or any pipelines or fixtures associated with the well, is made to a service line from the meter to the residence without CSA approval and an appropriate backflow device properly installed, the property owner shall be subject to a fine of $100.00 per day until the connection is abated.

If the unpermitted or unlawful construction of new water wells within the boundaries of the service area of the CSA water system are installed after the effective date of the ordinance codified in this chapter, the property owner shall be subject to a fine of $100.00 per day until the new water well is abated.

I. Violations of SCC 8.50.050 and 8.50.055 – Water Conservation Policy and Water Conservation Phases.

1. Phase one restrictions are voluntary and there shall be no action taken for violation of its provisions.

2. Phase two restrictions, when imposed, shall be enforced by the General Manager, and as determined necessary, when a violation has occurred or is in the process of occurring, a notice of violation shall be served in writing to the owner of property causing the violation. If any violation continues after the issuance of a notice of violation, the General Manager shall impose any or all of the following:

a. An administrative penalty shall be assessed in the amount of $250.00 for each day that the violation is occurring.

b. Installation of a flow restriction device on the service line to the property that is subject of the violation and located within the meter box maintained by the County Service Area at the property owner’s expense.

c. Termination of service and disconnection of the water service to the property.

Violation of any phase three restrictions are hereby declared to be a hazard to public health and safety and shall result in the General Manager issuing a written notice of violation to the property owner causing the violation. In the event that a property owner fails to immediately correct the violation as directed in the notice of violation, the general manager shall impose the remedies and/or administrative penalties for phase two violations. In addition, the General Manager shall have the authority to disconnect the water service which shall be preceded by a written notice of intent to disconnect issued to the property owner prior to the actual disconnection of the service; provided however, in the case of the imminent failure of the water system due to lack of water, the General Manager shall have authority to immediately disconnect service for a property in violation of the water restrictions. If the water service is disconnected, a notice of disconnection shall be posted on the property and no reconnection shall occur until the fees as required by resolution of the Board of Directors have been fully paid.

J. Discontinuation of Water Service for Reasons Other than Nonpayment to the CSA. Water service may be discontinued for reasons other than nonpayment to the CSA:

1. Where apparatus, appliances, or equipment using water is dangerous, unsafe, or not in conformity with laws or regulations governing public water systems or the customer fails to maintain the customer’s facilities in a suitable condition to prevent the waste of water;

2. Where water consumption is greatly in excess of past averages or seasonal use and where such excessive demands by one customer is or may be detrimental or injurious to the water service furnished to other customers;

3. If there is a fraud in securing a water service or a serious abuse of water use that is not corrected after written notice from the General Manager;

4. If such discontinuance directly affects health and safety and conditions warrant such action;

5. Delinquency in the payment of any bill and/or failure to make payment of required charges, fees, and assessments requiring the County Treasurer-Tax Collector to recommend immediate discontinuance of water service;

6. Any unprotected, actual, or potential cross connection or lack of adequate backflow protection or maintenance of backflow prevention devices;

7. Upon request of the owner to have water shut off, and in such cases, the CSA shall shut off the water and read the meter within 72 hours of the request and a closing bill will be prepared and transmitted to the owner. However, the monthly base rate will continue to be billed to the property owner whether or not water is used;

8. A parcel is vacant and contains an old or noncompliant water service that does not have an approved water service permit, a water meter installed, and the installation does not comply with the installation specifications herein.

When water service is disconnected for any reason, a reconnection fee shall be paid prior to restoration of water service.

K. Appeals. Any property owner who is subject to a notice of violation may appeal the determination of the General Manager to the Board of Directors. The appeal shall be in writing and shall be filed with the Sierra County Clerk-Recorder, with a copy to the General Manager, no later than 10 days after the date of the notice of violation has been served (by personal service or by mail) on a property owner. The Board of Directors shall hear the appeal at the next available public meeting and render a decision within 45 days of the hearing. No publication nor formal mailed notice of the date on which the CSA Board of Directors will undertake consideration of the appeal is required for the hearing, other than to the party filing the appeal. Such notice to the appellant shall be no less than 10 days prior to the scheduled hearing on the appeal. During the processing of any appeal, the decision of the General Manager shall remain in full force and effect.

Disputes over water consumption fees paid and/or over any assessed charges paid to the CSA may be appealed in writing to the County Treasurer-Tax Collector and any written appeal must be received by the County Treasurer-Tax Collector within 10 days of the date of billing being contested. The decision of the County Treasurer-Tax Collector shall be rendered in writing within 10 days of the decision on the appeal but no longer than 20 days after receipt of the written appeal. Any decision of the County Treasurer-Tax Collector may be appealed to the Board of Directors of the CSA by providing written notice to the Board of Directors within 10 days of receipt of the decision of the County Treasurer Tax-Collector on the appeal. The Board of Directors at its next public meeting shall hear the appeal and render a decision within 45 days of the hearing. No publication nor formal mailed notice of the date on which the CSA Board of Directors will undertake consideration of the appeal is required for the hearing, other than to the party filing the appeal. Such notice to the appellant shall be no less than 10 days prior to the scheduled hearing on the appeal. The fees being contested must have been paid and any appeal for any fee not paid shall be grounds for dismissal of the appeal.

Any person aggrieved by a final order or decision imposing an administrative fine may seek review in the Sierra County Superior Court pursuant to Government Code Section 53069.4.

L. Collection of Fines. The County may commence a civil action to collect the fines. In the event a civil action is commenced to collect the fine, the County shall be entitled to recover all costs associated with the collection of the fines. Such costs include, without limitation, staff and counsel time incurred in the collection of the fine, attorney fees for processing the civil action, and those costs set forth in California Code of Civil Procedure Section 1033.5.

The County may take such other actions as are allowed for enforcement of a civil judgment, such as are provided for pursuant to the Enforcement of Judgement Law, California Code of Civil Procedure Section 680.010, et seq.

M. Nonexclusive Remedy. The enforcement remedies established in this chapter shall be in addition to any other administrative or judicial remedy provided by law. (Ord. 1111, eff. 7/7/22; Ord. 1090, eff. 3/5/20)