The city manager shall enforce the provisions of this chapter and, for such purpose, shall have the powers of a peace officer, if deputized or if authorized by law. Such power shall not be regarded as limitations on or otherwise affecting the powers and duties of the health officer.
(District code Ch. 7 Art. I § 11.01)
Service may be discontinued for any one of the following reasons:
A. 
Delinquency in the payment of any bill, except that residential service shall not be discontinued to a residential occupant receiving water through a master meter for nonpayment in any of the following situations:
1. 
During the pendency of any investigation by the city of a customer dispute or complaint,
2. 
When a customer has been granted an extension of the period for payment of a bill,
3. 
For an indebtedness owed by the customer to any other public agency or when the obligation represented by the delinquent account or other indebtedness was incurred with any public agency other than the city,
4. 
When a delinquent account relates to another property owned, managed or operated by the customer,
5. 
When a public health or building officer certifies the termination would result in a significant threat to the health or safety of the residential occupants or the public;
B. 
Delinquency in the payment of any bill, except that residential service shall not be discontinued to a residential occupant receiving service through an individual meter for nonpayment in any of the following situations:
1. 
During the pendency of any investigation by the city of a customer dispute or complaint,
2. 
When a customer has been granted an extension of the period for payment of a bill,
3. 
On the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the city and requests permission to amortize, over a period not to exceed twelve months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal payment period;
C. 
The unauthorized taking of water or the taking of water in excess of the amount paid for;
D. 
Failure of the customer to maintain his or her facilities in a suitable condition to prevent waste of water;
E. 
The existence of any unprotected cross connections on the customer's premises or the lack of adequate backflow protection at the service connection;
F. 
Any violation by the customer of any rules and regulations of the city governing water service.
(Ord. 92-16 § 4)
A. 
At least ten days before any proposed discontinuance of residential service for nonpayment of a delinquent account the city shall mail a notice, postage prepaid, to the customer to whom the service is billed of the proposed discontinuance. Such notice shall be given not earlier than nineteen days from the date of mailing the city's bill for such service and the ten-day period shall not commence until five days after the mailing of the notice. In addition to the ten-day notice provided for in the preceding sentence, the city shall make a reasonable, good faith effort to contact an adult person residing at the premises of the customer by telephone or in person at least forty-eight hours prior to any discontinuance of such service.
B. 
Every notice of discontinuance of service required by this section shall include all of the following information:
1. 
The name and address of the customer whose account is delinquent;
2. 
The amount of the delinquency;
3. 
The date by which payment or arrangements for payment is required in order to avoid discontinuance;
4. 
The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges, unless the city's bill for services contains a description of that procedure;
5. 
The procedure by which the customer may request amortization of the unpaid charges;
6. 
The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state or federal sources, if applicable;
7. 
The telephone number of a representative of the city who can provide additional information or institute arrangements for payment.
(Ord. 92-16 § 4)
A. 
Except in health emergency situations covered by subsection B of this section, at least ten days before discontinuing service, other than the discontinuance of residential service for nonpayment of a delinquent account, which is provided for in Section 13.04.871, the city shall provide the customer with a written notice which shall specify the reason for the proposed discontinuance and inform the customer of the procedure for the availability of the opportunity to discuss the reason for the proposed discontinuance with the finance director, or designee, who is empowered to review disputes and rectify errors and settle controversies pertaining to such proposed discontinuance of service. The name and phone number of the finance director, or designee, shall be included in any such notice of proposed discontinuance given to a customer.
B. 
Water service may be discontinued immediately without notice for any situation which presents an immediate health hazard to the public water system. The water service shall be locked and remain inactive until corrective action has been approved by the city. The city shall attempt to contact the customer by telephone and shall mail a certified letter to the customer as soon as reasonably possible to set forth the reasons for the emergency. Conditions that create a basis for the immediate discontinuance of water service shall include, but are not limited to, the following items:
1. 
Direct or indirect connection between the public water system and a sewer line;
2. 
Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;
3. 
Unprotected direct or indirect connection between the public water system and an auxiliary water system.
(Ord. 92-16 § 4)
A. 
Whenever the city furnishes residential service through a master meter in a multi-unit residential structure, mobile home park or farm labor camp where the owner, manager or farm labor employer is listed by the city as the customer of record, the city shall make every good-faith effort to inform the residential occupants, by means of a written notice posted on the door of each residential unit at least fifteen days prior to termination, when the account is in arrears, that service will be terminated on a date specified in the notice. If it is not reasonable or practical to post the notice on the door of each residential unit, the city shall post two copies of the notice in each accessible common area at each point of access to the structure or structures. The notice shall also inform the residential occupants that they have the right to become city customers, to whom service will then be billed, without being required to pay the amount due under the delinquent account. The notice shall also specify in plain language: (1) what the residential occupants are required to do in order to prevent termination or reestablish service; (2) the estimated monthly cost of service; (3) the title, address and telephone number of a representative of the city who can assist the residential occupants in continuing service; and (4) the address and telephone number of a legal services project as defined in Section 6213 of the Business and Professions Code which has been recommended by the Yolo County bar association. The notice shall be in English and, to the extent practical, in any other language that the city determines is the primary language spoken by a significant number of the residential occupants.
B. 
Nothing in this section shall require the city to make service available to residential occupants unless each residential occupant agrees to the city's terms and conditions of service and meets the requirements of the city's rules and regulations. If one or more residential occupants are willing and able to assume responsibility for the entire account to the satisfaction of the city, or if there is a physical means, legally available to the city, of selectively terminating service to those residential occupants who have not met the requirements of the city's rules and regulations, the city shall make service available to the residential occupants who have met those requirements.
(Ord. 92-16 § 4)
A. 
Whenever the city furnishes any individually metered residential service to residential occupants in a multi-unit residential structure, mobile home park or permanent residential structures in a labor camp, as defined in Section 17008 of the Health and Safety Code, where the owner, manager or operator is listed by the city as the customer of record, the city shall make every good-faith effort to inform the residential occupants, by means of a notice, when the account is in arrears, that service will be terminated in ten days. The notice shall further inform the residential occupants that they have the right to become customers of the city without being required to pay the amount due on the delinquent account.
B. 
Nothing in this section shall require the city to make service available to residential occupants unless each residential occupant agrees to the terms and conditions of service, and meets the requirements of law and the city's rules. If one or more of the residential occupants are willing and able to assume responsibility for the entire account to the satisfaction of the city, or if there is a physical means, legally available to the city, of selectively terminating service to the residential occupants who have not met the requirements of the city's rules, the city shall make service available to the residential occupants who meet the requirements.
(Ord. 92-16 § 4)
No water service shall be discontinued to any customer or user because of any delinquency in payment on any Saturday, Sunday, legal holiday or at any time during which the business offices of the city are not open to the public.
(Ord. 92-16 § 4)
Every complaint or request for investigation by a residential customer that is made within five days of receiving the disputed bill, and every request by a residential customer that is made within thirteen days of the mailing of the notice required by Section 13.04.871 for an extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment shall be reviewed by the finance director or designee. The review shall include consideration of whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, not to exceed twelve months. Any review which has resulted in an adverse determination by the finance director or designee may be appealed to the city council.
(Ord. 92-16 § 4)
The finance director or designee is authorized to investigate complaints and review disputes pertaining to any matters for which service may be discontinued and to rectify errors and settle controversies pertaining to such matters. The finance director or designee is also authorized, upon a proper showing by a residential customer of the customer's inability to pay a delinquent bill during the normal period, to grant permission to amortize the unpaid balance over a reasonable period of time, not to exceed twelve months. At his or her discretion, the finance director may bring such controversies to the city council for settlement by the city council prior to the discontinuance of such service.
(Ord. 92-16 § 4)
If an amortization agreement is authorized by the finance director or the city council, no discontinuance of service shall be effected for any residential customer complying with such agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. If a residential customer fails to comply with an amortization agreement, the city shall not discontinue service without giving notice to the customer, at least forty-eight hours prior to his or her discontinuance, of the conditions the customer is required to meet to avoid discontinuance; but the notice does not entitle the customer to further investigation by the city.
(Ord. 92-16 § 4)
The city shall make available to its residential customers who are sixty-five years of age older, or who are dependent adults as defined in paragraph (1) of subdivision (b) of Section 15610 of the Welfare Institution's Code, a third-party notification service, whereby the city will attempt to notify a person designated by the customer to receive notification when the customer's account is past due and subject to termination. The notification shall include information on what is required to prevent termination of services. The residential customer shall make a request for third-party notification on a form provided by the city, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(Ord. 92-16 § 4)
Continued habitation of any building or continued operation of any commercial or industrial facility in violation of the provisions of this or any other chapter, rule or regulation of the city is declared to be a public nuisance. The city may cause proceedings to be brought for the abatement of the occupancy of the building or industrial or commercial facility during the period of such violation.
(District code Ch. 7 Art. I § 11.03)
During the period of any disconnection, the habitation of such disconnected premises by human beings shall constitute a public nuisance, which shall authorize the city to bring proceedings for the abatement of the occupancy of the premises during the period of the disconnection. In such event, and as a condition of restoring service, the city shall be paid reasonable attorney's fees and costs of suit arising from such action, plus any other necessary charges for or incurred in the restoration of service.
(District code Ch. 7 Art. I § 11.06)
A. 
In the event that any property owner fails to make any payment provided for in this chapter, the property owner and subject property shall be in default, and the city may declare the balance, or any remaining balance, due and payable.
B. 
In the event the city is required to bring legal action to enforce any provision of this chapter, including but not limited to the collection of delinquent fees, penalties or other charges, the city shall be entitled to recover its reasonable attorney's fees, interest, court costs and other costs incurred by the city to bring such action.
(District code Ch. 7 Art. I § 11.08)
The city declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty.
(District code Ch. 7 Art. I § 11.09)
The remedies set forth in this article for the collection and enforcement of rates, charges and penalties are cumulative and may be pursued alternatively, concurrently or consecutively.
(District code Ch. 7 Art. I § 11.10)
Each and every day, or part of a day that a violation of the chapter continues, shall be deemed a separate offense under this chapter and shall be punishable as such.
(District code Ch. 7 Art. I § 11.11; Ord. 03-21 § 1)