Ordinance No. 572-19 Theft of WaterORDINANCE NO. 572-19
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
ADDING SECTION 6.5.7 OF THE ADMINISTRATIVE CODE REGARDING
THEFT OF WATER AND TAMPERING WITH DISTRICT FACILITIES
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District,
County of El Dorado, State of California, as follows:
SECTION I - POLICY AND PURPOSE
The purpose of this Ordinance is to add certain provisions to the Administrative
Code regarding the theft of water and tampering with District Facilities.
SECTION II - DEFINITIONS
For the purposes of this Ordinance, the terms used herein are defined as follows:
A. The District — The South Tahoe Public Utility District.
B. The Board - The Board of Directors of the South Tahoe Public Utility
District.
C. Administrative Code — The compilation and codification of all of the
Administrative, Water, Sewer, Street Lighting and Groundwater
Management Plan Ordinances of the District, which establish the authority
and the principles for the decisions of the District, and provide the public
with guidelines applicable to District operations.
SECTION III - FINDINGS
The Board of Directors of the South Tahoe Public Utility District, County of El
Dorado, State of California, make the following findings:
California Penal Code section 498 prohibits the theft of utility services,
including water.
2. California Penal Code section 624 prohibits every person from willfully
damaging, tampering with, or digging up water pipes or waterworks.
3. California Penal Code section 625 prohibits every person who, with intent to
defraud or injure, opens or causes to be opened, or draws water from any
disconnected utility connection atter having been notified that the same
has been closed or shut for specific cause, by order of competent authority.
4. Any person who violates Penal Code sections 498, 624, or 625 is guilty of a
misdemeanor.
Pagel of 6
5. California Civil Code section 1882 et seq. authorizes the District to bring a
civil action for damages against any person who commits, authorizes,
solicits, aids, abets, or attempts any of the following acts:
a. Diverts, or causes to be diverted, utility services by any means
whatsoever.
b. Makes, or causes to be made, any connection or reconnection with
property owned or used by the utility to provide utility service
without the authorization or consent oftheutility.
C. Prevents any utility meter, or other device used in determining the
charge for utility services, from accurately performing its measuring
function by tampering or by any other means.
d. Tampers with any property owned or used by the utility to provide
utiIityservices.
e. Uses or receives the direct benefit of all, or a portion, of the utility
service with knowledge of, or reason to believe that, the diversion,
tampering, or unauthorized connection existed at the time of the use,
or that the use or receipt, was without the authorization or consent
of the utility.
6. Pursuant to California Government Code section 53069.4, the District may, by
ordinance, make the violation of any ordinance enacted by its Board of
Directors subject to a civil administrative fine or penalty.
7. Because water is a vital resource, the District has determined that it is
appropriate to impose civil administrative fines and penalties for the theft
of water to protect this vital resource.
8. Water theft from fire hydrants and/or the improper use of fire hydrant meters result
in greater water loss to the District and may involve an egregious violation, which
includes reselling of water.
9. Water theft in the form of lateral diversion poses significant risks and costs to the
District and the community because it may result in compromising water quality,
adverse public health impacts, loss of revenues from water sales, and damage to
District facilities.
10. Those persons engaging in water theft in the form of unauthorized fire hydrant use
and lateral diversions typically involve individuals who avoid obtaining proper
service from the District and paying the associated fees, have an egregious intent of
theft, do not have District water service accounts, and thus impose costs to the
District in identifying and pursuing them for the purposes of this Ordinance.
11. This Ordinance is in the best interest of the District to protect the health, safety
and welfare of the District's customers and the public.
12. This Ordinance is consistent with state law and the policies of the District.
Page 2 of 6
SECTION IV - ADD SECTION 6.5.7 TO THE ADMINISTRATIVE CODE
Section 6.5.7 is added to the Administrative Code to read as follows:
Section 1. Violations.
a. For the purposes of this Ordinance, "water theft" means and includes all of
the following:
1. The unauthorized use, diversion, receipt or taking of District water by
any means from any fire hydrant, blow -off valve, water main, water
service lateral or other District facility or connection to a District
facility;
2. The use, diversion, receipt, or taking of District water by any means
without paying the full and lawful District fees and charges for such
water, or by tampering with District property or facilities; and,
3. For the purposes of this ordinance, "unauthorized use" includes the
use of water from a stationary service connection where lawful
water service has been discontinued or from a fire hydrant,
regardless of whether payment is provided to the District for the
water drawn from the fire hydrant, or any use of a fire hydrant meter
in violation of the terns and conditions of a fire hydrant meter
permit.
b. "Tampering" with District equipment or facilities is considered grounds for
discontinuance of utility service. "Tampering" shall include, but not be
limited to:
1. Opening valves at the Curb or meters that have been turned off by
District personnel.
2. Breaking, picking or damaging cut-off District locks.
3. Bypassing a water meter in any way.
4. Taking unmetered water from fire hydrants by anyone other than
authorized officials of a recognized fire department, fire insurance
company or District employee for any purpose other than
firefighting, testing or flushing of fire hydrants.
5. Use of fire sprinkler system water service for any purpose other
than fire protection.
6. Removing, disabling or adjusting water meterregisters.
7. Connecting to or intentionally damaging water lines, valves or other
appurtenances.
Page 3 of 6
8. Moving the water meter or extending service without permission of the
District.
9, Any intentional act of defacement, destruction or vandalism to
District property or an act that affects District property.
10. Unauthorized use of a pump or device for removal of water from a
ditch system.
11. Any intentional blockage or obstruction of District property.
C. Water theft and tampering are prohibited. Each act of water theft or
tampering constitutes a misdemeanor.
d. If any person takes water from a fire hydrant without authorization or
otherwise tampers with District property, the District may submit a record
of the vehicle license plate number or photo (if available) to E1 Dorado
County Sheriff Department for investigation.
C. The District may report any water theft or tampering to the appropriate
prosecuting agency and advocate for prosecution of such person pursuant to
the Penal Code.
Section 2. Administrative Penalties. In addition to pursuing civil remedies
and criminal penalties, the District, upon discovering water theft or tampering with
District property, may also pursue the following remedies or other remedies
available at law or equity:
a. Require the immediate removal of any equipment, connections or tools
used to accomplish the water theft that is attached to District property;
Charge the customer or other person an administrative fine and
penalty pursuant to section 6.5.5 of the Administrative Code.
Section 3. Other Remedies. In addition to any other remedies provided in this
Ordinance or available under applicable law, the District may alternatively seek
injunctive relief in the Superior Court or take enforcement action. All remedies
provided herein shall be cumulative and not exclusive. If a customer or any other
person turns on water service without District authorization, tampers with any
locked water meter, tampers with a service connection or District facilities,
bypasses a meter, or otherwise makes an unauthorized connection to District
facilities without District permission, or commits water theft, the District may:
a. Turnoff the water service and install alock;
b. Estimate, if necessary, the water taken and charge the customer, other
persons or water recipient three times the normal rate of the water taken
from the District facility;
C. Charge the customer, other person or water recipient for the damage to the
District lock, meter or otherproperty;
Page 4 of 6
d. Remove the water meter and plug the service;
e. Terminate and remove the water service from its connection to the water
main;
f. Charge a deposit of two times the amount of the average use to reestablish
water service;
g. Require the return of any District fire hydrant meter; and,
h. Prohibit any person who has committed three violations of this Ordinance
within a twelve-month period from obtaining a District fire hydrant meter
permit for a period of three (3) years from the date of the third violation.
Section 4. Notice.
a. A "Notice of Violation" will be mailed or delivered to the customer or other
person for the following:
1. Evidence suggests the possibility of theft of service, including
irrigation water, at the customer's property.
2. If the violation does not constitute an immediate threat of safety or
equipment integrity to the system, the customer or other person will be
ordered to immediately cease any unlawful practice.
b. A "Notice of Violation" will be mailed or delivered to the customer or other
person after service is discontinued for the following:
1. In the opinion of the District's General Manager, water theft is clearly
evident on the customer's property and immediate action is necessary.
2. In the opinion of the District's General Manager, there is an
immediate danger to public health or safety.
Section 5. Payment and Appeal Procedures. The District shall calculate the
amount of damages and penalty(ies) to be imposed, and shall send a bill to the
customer, or if the person is not a customer of record, an invoice for payment of the
damages or penalty(ies) may be sent to the offender, water user or recipient.
a. All costs relating to the District's processing and handling of the water theft,
investigation and enforcement, and potential charges for reestablishment of
service, including attorney's fees and costs, shall be borne by the party
having responsibility for the water account at the time of the water theft, or
if there is no customer of record, by the person, water user or recipient.
These charges include, but are not limited to, service call charges, water
charges, turnoff of service, charges for damage to District facilities and
equipment, and plug or termination fees. Before the water meter will be
replaced and service reestablished, the party requesting service, if in any way
involved in or related to, or associated with, parties involved in the water theft,
shall deposit twice the average bi-monthly water bill, plus the standard
Page 5 of 6
meter reinstallation fee, in addition to all service call charges, and an
amount representing any damage to District property.
b. All charges relating to the District's processing and handling of the water
theft involving the taking of water from a fire hydrant shall be borne by the
person, water user or recipient, including, but not limited to, the cost of any
water, charges for any damage to District facilities and equipment, and
costs of investigation and enforcement.
C. Any person who wishes to appeal the imposition of an administrative fine
or penalty imposed by the District pursuant to this Ordinance, or who
wishes to appeal the imposition of a three-year prohibition on a fire hydrant
meter permit pursuant to Section 3(h), shall comply with the appeal
procedures pursuant to section 6.7 of the Administrative Code.
SECTION V - SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance and its implementing rules and regulations is for any reason held to be
unconstitutional or invalid, such section shall not affect the validity of the remaining
portions of this Ordinance or the Administrative Code. The Board of Directors
declares and determines that it would have passed section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing
rules and regulations and the Administrative Code irrespective of the fact that any one
or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases
may be determined to be unconstitutional or invalid.
SECTION VI - EFFECTIVE DATE
This Ordinance amending the above referenced section of the Administrative
Code shall take effect thirty days after its passage.
PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public
Utility District at its duly regular meeting on this 2nd day of May, 2019, by the
following vote:
AYES: JONES, VOGELGESANG, SHEEHAN, EXLINE
NOES: NONE
ABSENT: CEFALU
Randy Vogelgesang, President
South Tahoe Public Utility District
ATTEST:
Melonie Guttry, xecutive ervices Manager/
Board Clerk
South Tahoe Public Utility District
Page 6 of 6