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The city shall not be held liable for any damage that may result from the shutting off or turning on of any supply pipe or main for any purpose whatever, even should no notice have been given, nor for damages caused by any break or leak on any water pipe inside of the curb, etc. All supply pipes to buildings should be properly supplied with a suitable stopcock inside the property line, to ensure against the danger of frost or bursts which may cause any damage. Such cock should be kept in good order and under control of the consumer. The stopcock and box on the curb shall be in charge of the water department only.
(1953 Code, ch. 25, § 13)
If any person shall, by false key or otherwise, cause such premises to be supplied with water without the authorization of the director of the water department, such person, and his aiders and abettors, shall be guilty of a civil infraction and subject to the penalties as outlined in section 27-16.1 of the Tucson Code.
(1953 Code, ch. 25, § 15; Ord. No. 7547, § 1, 1-7-91; Ord. No. 9015, § 1, 2-9-98)
The supply of water may be withheld from all premises when the provisions of this chapter or the rules and regulations adopted by the mayor and council have in any manner been violated, and the supply not again turned on except upon a rectification of the cause of withholding the same and satisfactory assurance given that no further cause of complaint shall arise.
(1953 Code, ch. 25, § 17)
It is declared that, because safe, high quality potable water and reclaimed water are a precious resource, the general welfare requires that the water resources available to the city be put to maximum beneficial use, and that the waste or unreasonable use, or unreasonable method of use, of water be prevented. For the purposes of this section, the person, corporation, or association in whose name the water utility of the city is or was last billed or who is receiving the benefit of the water supply on the premises, as defined under section 27-10, is presumed to have knowingly made, caused, used, or permitted the use of water received from the city for in a manner contrary to any provision of this section, if the water has been used in a manner contrary to any provision of this section.
(a) The following uses are a waste or unreasonable use or method of use of water and are prohibited:
(1) Allowing water to escape from any premises onto public property, such as alleys or streets, or upon any other person's property.
(2) Allowing water to pond in any street or parking lot to a depth greater than one-quarter ( 1/4) inch or to permit water to pond over a cumulative surface area greater than one hundred fifty (150) square feet on any street or parking lot.
(3) Washing driveways, sidewalks, parking areas, or other impervious surface areas with an open hose, or with a spray nozzle attached to an open hose, or under regular or system pressure, except when required to eliminate conditions that threaten the public health, safety, or welfare. This restriction does not apply to residential customers.
(4) Operating a misting system in unoccupied non-residential areas.
(5) Operating a permanently installed irrigation system with a broken head or emitter, or with a head that is spraying more than ten (10) percent of the spray on a street, parking lot, or sidewalk; this prohibition does not apply unless the head or emitter was designed to deliver more than one (1) gallon of water per hour during normal use.
(6) Failing to repair a controllable leak, including a broken sprinkler head, a leaking valve, or a leaking faucet.
(7) Failure to meet the fifty (50) percent rainwater harvesting requirement for landscape irrigation set forth in Chapter 6, Article VIII of the Tucson Code.
(b) Any person who violates any portion of this section is guilty of a civil infraction, and shall be fined upon the first offense, a minimum of two hundred fifty dollars ($250.00); and upon the second offense within a period of three (3) years and upon each subsequent conviction within such period, a minimum of five hundred dollars ($500.00). The imposition of civil liability shall not preclude the city from taking any other enforcement actions permitted under section 27-14 or section 27-97 of this chapter.
(1953 Code, ch. 25, § 16; Ord. No. 6096, § 1, 10-1-84; Ord. No. 7547, § 2, 1-7-91; Ord. No. 9407, § 1, 6-19-00; Ord. No. 10597, § 2, 10-14-08)
No person shall install any connection to any fire hydrant or shall open or close any fire hydrant or stop-cock connected with the water department of the city, or lift or remove the covers of any gate valves or shut-offs, or tap into city water mains which may result in the delivery of water, without a permit from the director of the water department, or in violation of conditions of a permit, except in case of fire, and then under the direction of officers of the fire department. Any person identified through a water department field investigation as having water turned on without authority and/or found to have tampered with the water meter or removed water without authority will be charged a fee of one hundred one dollars and forty-eight cents ($101.48). Further, it shall be a civil infraction for any person, firm, or corporation to violate the provisions of this section.
(1953 Code, ch. 25, § 8; Ord. No. 5023, § 1, 8-6-79; Ord. No. 6096, § 2, 10-1-84; Ord. No. 9015, § 2, 2-9-98; Ord. No. 10897, § 1, 5-24-11, eff. 7-5-11; Ord. No. 11072, § 1, 5-21-13, eff. 7-1-13)
A person convicted for the first time of the offense prohibited by section 27-13 or 27-16 shall be punished by a fine of not less than two hundred fifty dollars ($250.00). A person convicted of a second offense prohibited by section 27-13 or 27-16 shall be punished by a fine of not less than five hundred dollars ($500.00). A person convicted of a third or subsequent offense prohibited by section 27-13 or 27-16 shall be punished by a fine of not less than one thousand dollars ($1,000.00). No hearing officer may suspend the imposition of the fine prescribed herein upon a person convicted of the offense prohibited by section 27-13 or 27-16.
(Ord. No. 5023, § 2, 8-6-79; Ord. No. 6096, § 3, 10-1-84; Ord. No. 7547, § 3, 1-7-91; Ord. No. 10897, § 1, 5-24-11, eff. 7-5-11)
Sec. 27-16.2(1). Procedure for obtaining a permit. Applicants for a permit required by section 27-16 shall apply in person at the new services area. The completed form request shall be processed by the utility and shall be approved if the applicant has furnished all requested information and has met all the applicable requirements of this article and of the rules and regulations of the utility. Once a permit has been approved, the water utility shall establish an account in the applicant's name.
Construction water may not be used to replace water that would otherwise be available from a metered private plumbing or irrigation system, and may not be used to fill swimming pools or landscape features. Construction water may not be resold to any third party.
Sec. 27-16.2(2). Permit conditions for construction water.
(a) The permit may require that the permittee obtain water only at (a) specified location(s) and at such times as are deemed by the superintendent to be in the best interests of the water utility.
(b) All water provided from fire hydrants, blowoffs and drain valve assemblies for construction purposes must be metered. If the stock of available fire hydrant meters is depleted, a waiting list will be created and utilized as hydrant meters become available.
(c) If the applicant for a fire hydrant permit requests a meter be placed on the hydrant, the water utility shall install the meter on the hydrant after the applicant remits a deposit of one thousand seven hundred sixty-two dollars ($1,762.00). The deposition shall be used, in whole or in part, to reimburse the utility for damage to the meter or related appurtenance, such as a backflow prevention device. Any unused portion of the deposit shall be refunded to the applicant upon return of the meter and any related appurtenance to the utility. In addition, the applicant shall pay a non-refundable fee of ninety-six dollars and sixty-nine cents ($96.69) to cover the costs of installing the meter on the fire hydrant. The applicant shall pay this fee for the initial installation of a meter on a fire hydrant and also each time the meter is moved.
(d) An applicant for a fire hydrant permit may install his or her privately owned meter on the carrying vehicle or may use it as a portable meter at the applicant's expense as long as the permit is current and there is a permitted backflow device at the point of connection. The meters must be read by the applicant and readings faxed to the billing office by the 20th of each calendar month. The superintendent or designee may at any time require an applicant to deliver the carrying vehicle and the water meter to a designated location for testing and reading of the meter. Failure of the applicant to appear at the designated time and location shall be cause for revocation of the fire hydrant permit for a period of one (1) year from the date of the failure to appear. Revocation is subject to minor sections 27-16.2(3) and 27-16.2(4) of this article.
(e) Privately owned meters used for construction water are required to be tested annually for accuracy by Tucson Water. The customer shall pay a fee of sixty-five dollars and twenty-one cents ($65.21).
(f) Permits shall expire twelve (12) months (one (1) year) after issuance and may be renewed provided all requirements of this article and of the rules and regulations of the water department have been met. Applicant may cancel permit before the expiration date if the hydrant meter is no longer required.
(g) Permits must be readily available at the water source when in use, or on file at the corporation business address.
(h) The rules and regulations of the department are a condition of the permit.
Sec. 27-16.2(3). Revocation of permit.
(a) The superintendent may revoke a permit issued under this article upon a finding that the permittee has violated any provisions of this article, the rules and regulations of the department or conditions of the permit.
(b) No revocation of permit shall be ordered until a hearing on the question has been held by the superintendent or his designate. At this hearing the permittee may appeal personally or through counsel, cross-examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given to the permittee at least five (5) days prior to the date of hearing.
(c) Notice may be served by depositing in the mail a true copy of the notice enclosed in a sealed envelope with postage prepaid and addressed to the permittee at his last-known address. The notice shall include:
1. A statement of the time, place and nature of the hearing;
2. A short and plain statement of the grounds for revocation or denial. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.
(d) The determination of the hearing officer shall be final.
Sec. 27-16.2(4). Denial of permit or renewal of permit.
(a) An applicant for a permit or for the renewal of a permit whose application is denied shall be notified in writing of the reasons for the denial. The notice shall further state that the applicant has ten (10) days to contact the water utility to challenge the grounds for denial.
(b) Within ten (10) days of a written application by the applicant the superintendent or his designate shall hold a hearing on the question. The applicant shall be given notice pursuant to minor section 27-16.2(3).
(c) The determination of the hearing officer shall be final.
(Ord. No. 5023, § 3, 8-6-79; Ord. No. 5756, § 1, 5-2-83; Ord. No. 6208, § 1, 4-1-85; Ord. No. 9043, § 1, 4-13-98; Ord. No. 9238, § 1, 6-14-99; Ord. No. 9388, § 1, 5-22-00; Ord. No. 9977, § 2, 5-24-04; Ord. No. 10359, § 1, 12-12-06, eff. 1-16-07; Ord. No. 10510, § 1, 3-18-08, eff. 7-1-08; Ord. No. 10897, § 1, 5-24-11, eff. 7-5-11; Ord. No. 11072, § 1, 5-21-13, eff. 7-1-13)
If any person shall destroy, deface, impair, injure or wantonly force open any gate or door, or in any way whatever destroy, injure or deface any part of any enginehouse, reservoir, standpipe, building or appurtenances, fences, trees, crops or fixtures or property appertaining to the water department of the city, such person shall be guilty of a misdemeanor.
(1953 Code, ch. 25, § 9)
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