Sec. 27-18. Use of device to bypass metering of water prohibited; civil infraction; minimum penalty; persons liable.

   (a)   No person shall utilize any device or method of connection to the municipal water system, including without limitation, any spacer or straight line pipe connection, which may result in delivery of any water to any person or property without passage of the water through a municipal water meter.

   (b)   It shall be a civil infraction for any person to violate this section. Any person, firm or corporation found liable for a violation of this section shall be assessed a fine of not less than two hundred fifty dollars ($250.00). Any person, firm or corporation found liable for a second violation of this section shall be assessed a fine of not less than five hundred dollars ($500.00). Any person, firm or corporation found liable for a third or subsequent violation of this section shall be assessed a fine of not less than one thousand dollars ($1,000.00). No hearing officer may suspend the imposition of any fine prescribed herein.

   (c)   Whenever a device or method of connection is in violation of this section, the owner or owners of the private property upon which any part of the violation occurs and the person who installed the device or method shall be jointly and severally liable for the violation and for the civil fine prescribed as punishment therefor.

(Ord. No. 7283, § 1, 9-18-89; Ord. No. 9015, § 3, 2-9-98; Ord. No. 10897, § 1, 5-24-11, eff. 7-5-11)

   Editors Note: Ord. No. 4656, § 1, adopted May 23, 1977, specifically amended the Code by repealing § 27-18. The former section pertained to outdoor water usage limitation, and had been derived from Ord. No. 4490, § 1, adopted May 24, 1976. Subsequently, § 1 of Ord. No. 7283, adopted Sept. 18, 1989, added a new § 27-18.

Sec. 27-19. Installation of ultra-low-flush water closets in low income owner-occupied housing.

The director shall establish and administer a program to provide for the purchase and installation of ultra-low-flush water closets in pre-qualified low-income, owner-occupied customer dwellings and for the purchase of ultra-low-flush water closets in city-owned low income housing units. The director shall develop an application form to be utilized by low- income customers who meet standard poverty-level income threshold guidelines as a function of family size to apply for the assistance pursuant to this program.

(Ord. No. 8598, § 1, 11-13-95)

   Editors Note: Ordinance No. 8458, § 1, adopted March 6, 1995, repealed section 27-19. Formerly such section pertained to incentives for the installation of ultra-low-flow water closets and derived from Ord. No. 7314, § 1, 11-20-89 and Ord. No. 7366, § 1, 3-12-90.

Secs. 27-20--27-27. Reserved.

ARTICLE II. RATES AND CHARGES

Sec. 27-28. Established by mayor and council.

The rates for the use of water for consumers shall be established by the mayor and council, subject to change, revision and modification in their discretion.

(1953 Code, ch. 25, § 19)

Sec. 27-29. Liability of customer of record or property owner for charges.

The customer of record, as indicated in the utility's records, is responsible for paying all charges for the provision of water service to a property or premises, regardless of whether the customer of record or another party has actually used the water delivered to the property. The utility may elect to pursue collection of any outstanding charges from the owner of the property if the customer of record does not pay for any outstanding charges. In such a case, ownership of the property or premises shall be determined by reference to public records maintained by the Pima County Recorder's Office. The property owner shall have the right to appeal the water charges pursuant to section 27-50(2).

If there is no customer of record, and a monthly meter reading indicates usage of water at the property or premises, the owner of the property shall be responsible for paying the water charges due. The property owner shall have the right to appeal the water charges pursuant to section 27-50(2).

(1953 Code, ch. 25, § 18; Ord. No. 9763, § 1, 9-9-02)

Sec. 27-30. Service charge.

Any person wishing to discontinue the use of water supplied from the department of water of the city must give notice thereof at the office, or the charge for water will be entered until such notice has been given. The charge for reactivation of water service or the transfer of water service from one customer to another will be twenty-two dollars and sixty-nine cents ($22.69). The charge for a customer to activate the fire protection (sprinkler service) or transfer of fire protection (sprinkler service) from one customer to another will be five dollars and forty cents ($5.40).

(1953 Code, ch. 25, § 14; Ord. No. 2665, § 1, 9-21-64; Ord. No. 3394, § 1, 1-12-70; Ord. No. 4626, § 3, 3-3-77; Ord. No. 5355, § 1, 4-20-81; Ord. No. 8446, § 1, 2-13-95; Ord. No. 9238, § 2, 6-14-99; Ord. No. 9977, § 2, 5-24-04; Ord. No. 10359, § 2, 12-12-06, eff. 1-16-07; Ord. No. 10510, § 2, 3-18-08, eff. 7-1-08; Ord. No. 11072, § 2, 5-21-13, eff. 7-1-13)

Sec. 27-31. Definitions.

In this article, unless the context otherwise requires:

   (1)   Basic volume charge means a monthly water charge per Ccf for all monthly water use.

   (2)   Ccf means one hundred (100) cubic feet of water and is equal to seven hundred forty-eight (748) gallons.

   (3)   Commercial means a customer classification of service wherein family units do not normally reside and includes, but is not limited to, motels, hotels, rest homes, fraternal organizations, laundries, service stations, bottling works, hospitals, restaurants, wholesale, retail and other business establishments, governmental offices or organizations.

   (4)   Community garden means a customer classification of service where water is provided by way of an irrigation meter to an area of land operated for not for profit individuals or groups to grow and harvest food crops primarily for the use of its members who typically cultivate individual garden plots.

   (5)   Construction water means water service provided under the terms of section 27-16.2 for water use on construction projects, such as utility pipeline installations or repairs, street or highway construction, site grading, dust control, and concrete mixing. 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.

   (6)   Department means the city department of water.

   (7)   Director means the chief officer of the department of water and is the officer designated as the superintendent of the water department in chapter X, section 8 of the Charter.

   (8)   Governmental customer means the United States and any agency or department of the United States, any customer on land owned by the United States in trust for a Native American tribe or part of a federally-established reservation, the State of Arizona and any agency or department of the State of Arizona, and any political subdivision of the State of Arizona, including any County, any Arizona City or Town, a School District, a Flood Control District, or a Fire District. The rates established in Section 27-33 for City of Tucson and customers located in other incorporated jurisdictions will apply to any governmental customer, even if the governmental customer is located in unincorporated Pima County. Governmental customers shall not be charged the differential rate.

   (9)   Industrial means a customer classification of services that use at least five million (5,000,000) gallons of water per month for manufacturing purposes at one (1) geographically contiguous location or use sixty million (60,000,000) or more gallons of water in any calendar year for manufacturing purposes at one (1) geographically contiguous location; and schools in the Tucson Unified School District (TUSD) by prior contract with the city.

   (10)   Mobile home park with sub-meters means a mobile home park classified as a multi- family customer that utilizes sub-meters to separately meter and bill each user within the mobile home park.

   (11)   Multi-family means a customer classification consisting of more than three (3) residential units served by one (1) master meter.

   (12)   Nonparticipating applicant for service shall mean an applicant for new water connection to a subdivision, or parcel of land that has not participated in the cost of the installation of the water supply main to which the connection will be made.

   (13)   Reclaimed water means wastewater which has received postsecondary treatment.

   (14)   Residential means a customer classification consisting of one (1) residential unit (single-family) or two (2) or three (3) residential units (duplex-triplex) served by one (1) master meter.

   (15)   Summer shall mean, for the purposes of computing water rates, the period of time from March 1 through November 30. This change will be effective starting with March 1, 2024, summer period.

   (16)   Summer surcharges shall mean an amount charged per Ccf for summer monthly water use in excess of the average monthly winter consumption of water. The Tier 1 summer surcharge applies to all monthly water use in excess of the average winter monthly consumption of water and is in addition to the basic volume charge. The Tier 2 summer surcharge applies to all monthly water use in excess of one hundred forty-five (145) percent of the average winter monthly consumption of water and is an addition to the basic volume charge and the Tier 1 summer surcharge. A customer with zero consumption during the winter will be charged for all consumption during the summer months at the block 2 rate (base plus Tier 1 summer surcharge).

   (17)   Water facilities means booster plants, storage tanks, wells, pumping equipment, distribution and service lines and all other appurtenances to a water system other than meters.

   (18)   Winter shall mean, for the purpose of computing water rates, the period of time from December 1 through February 28 (February 29 in leap years). This change will be in effect starting with the December 1, 2023 winter period.

(Ord. No. 4489, § 3, 5-24-76; Ord. No. 4496, §§ 1, 2, 6-7-76; Ord. No. 4550, § 1, 8-10-76; Ord. No. 4626, § 4, 3-3-77; Ord. No. 5235, § 1, 10-6-80; Ord. No. 6327, § 1, 11-4-85; Ord. No. 7171, § 1, 4-17-89; Ord. No. 8024, § 1, 4-12-93; Ord. No. 8120, §§ 1, 2, 9-7-93; Ord. No. 8121, § 1, 9-7-93; Ord. No. 8483, § 1, 5-15-95; Ord. No. 8768, §§ 1, 2, 10-28-96; Ord. No. 9156, § 1, 11-9-98; Ord. No. 9477, § 1, 10-23-00; Ord. No. 96-4, § 1, 9-10-01; Ord. No. 9763, § 1, 9-9-02; Ord. No. 9979, § 1, 6-7-04; Ord. No. 10415, § 1, 6-12-07, eff. 7-9-07; Ord. No. 11993, § 1, 3-7-23; Ord. No. 11982, § 1, 1-11-23; Ord. No. 12052, § 1, 10-17-23)