Within each invoice, statement, or billing for water, sewer, or garbage service, or any combination thereof, there shall be attached, enclosed, or included a notice reading substantially as follows:
NOTICE TO CUSTOMERS: If you believe that you have been overcharged for water, sewer service, or garbage collection service rendered, or that you have been charged for service not rendered, please telephone the number designated for such purposes in this notice and you will be given an explanation of how the amount you were charged was computed. If you are not satisfied with this explanation and still wish to dispute the matter you have the right to have the matter heard by an employee of the city of Sunnyvale who has the power to resolve the dispute. To arrange for an informal hearing please telephone the following number: __________no later than 15 days after the date mentioned on your statement, or submit your request in writing to the following address: _______________, postmarked or received not later than 15 days after that date. Failure to request a hearing before the deadline will result in the loss of a right to a hearing on this matter. Failure to pay the amount of your bill not later than (a) 15 days from the date of the hearing; or (b) 25 days from the date of your statement, whichever occurs later, may result in the discontinuation of your water, sewer, or garbage service.
(Ord. 2192-86 § 4; Ord. 3062-15 § 50)
If a customer who receives an invoice, statement, or billing for water, sewer service, or garbage collection service wishes to dispute the amount due as an overcharge for service rendered or a charge for service not rendered, he or she shall have the right to request an informal hearing of the dispute by either of the following:
(a) 
Telephoning the number designated for such purposes in the notice transmitted with the billing, statement or invoice not later than fifteen days from the date of mailing thereof; or
(b) 
Making a written request for such hearing received by the city or postmarked not later than fifteen days from the date of mailing.
(Ord. 2192-86 § 4)
Upon receipt of a request for hearing, a hearing shall be scheduled not later than ten days from the date of the request. The hearing shall be conducted in an informal manner by an employee of the city designated by the director of finance to conduct such a hearing. At the hearing evidence may be presented and shall be considered bearing on whether the correct amount has been charged for the service which has been rendered. Following the hearing, the person conducting the hearing shall make a decision based upon the evidence and shall have the authority to adjust the amount due in a fair and equitable manner.
(Ord. 2192-86 § 4; Ord. 3062-15 § 51)
(a) 
If a hearing is not timely requested, or if a hearing has been requested and the customer fails to appear for it or have it continued, and the amount stated to be due is not paid in full within twenty-five days of the date of mailing of the billing, statement or invoice, the city shall have the right to discontinue the service or services for which billing was rendered provided that any procedures required for discontinuance of service required by this chapter are followed.
(b) 
If a hearing shall have been requested and conducted and the person in charge of conducting of the hearing shall have determined the amount to be due thereafter, and the amount determined to be due is not paid in full within fifteen days of the date of such decision, or twenty-five days from the date of the statement, whichever is later, the city shall have the right to discontinue the service or services for which billing was rendered provided that any procedures required for discontinuance of service required by this chapter are followed.
(Ord. 2192-86 § 4; Ord. 3062-15 § 52)
(a) 
No service of water, sewer, or garbage collection shall be discontinued for nonpayment of any amount due unless the provisions of this section shall have been complied with.
(b) 
Prior to termination of any such service for nonpayment the director of finance shall cause notice of the delinquency and impending termination to be given at least ten days prior to the proposed termination by means of a notice mailed, postage prepaid, to the customer to whom the service is billed, not earlier than twenty-five days from the date of mailing the city's bill for service. The ten-day period shall not commence until five days after the mailing of the notice.
(c) 
The director of finance shall make a reasonable, good faith effort to contact an adult person managing, in charge of, or residing at the premises of the customer by telephone or in person at least ten days prior to any termination of service. The director of finance shall maintain records documenting any such telephone or personal contacts or attempts thereat. If a successful contact is made, the person contacted shall be given the information set forth in paragraphs (1), (2), (3), (6), and (7) of subsection (d).
(d) 
The notice of termination of service shall contain the following in a clear and legible format:
(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 termination.
(4) 
The procedure by which the customer may request an investigation or initiate a complaint concerning service or charges, except that if the bill for service contains a description of that procedure, the notice of delinquency and impending termination is not required to contain that information.
(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.
(e) 
No water, sewer, or garbage collection service shall be terminated for nonpayment in any of the following situations:
(1) 
During the pendency of an 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 written certification of a licensed physician 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 pursuant to subsection (h) with respect to all charges that the customer is unable to pay prior to delinquency.
(f) 
Any customer who has within thirteen days after mailing of the notice required by subsection (d), made a request for 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 given an opportunity for review of the request by an employee designated by the director of finance to review such matters. 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. No termination of service shall be effected for any customer complying with an amortization agreement if the customer also keeps the account current as charges accrue in each subsequent billing period.
(g) 
Any customer who has initiated a complaint or has requested an investigation which has resulted in a determination by the director of finance or his or her designee adverse to the customer may appeal the determination to the city manager by filing a written notice appeal with the city manager within fifteen days after the date of written notice of the determination has been rendered by the director of finance or his or her designee. If the determination of the city manager is adverse to the customer the customer may appeal that determination to the city council by filing a written notice of appeal within fifteen days after the date of written notice of the determination has been rendered by the city manager. Any subsequent appeal of the dispute or complaint to the city manager or city council is not subject to this section.
(h) 
Any customer meeting the requirements of subsection (e)(3) of this section shall, upon request, be permitted 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 period for payment.
(i) 
If a customer fails to comply with an amortization agreement the city shall not terminate service without giving notice to the customer at least forty-eight hours prior to termination of the conditions the customer is required to meet to avoid termination. This notice does not entitle the customer to further investigation by the city.
(Ord. 2192-86 § 4; Ord. 3062-15 § 53)
(a) 
The director of finance may require any customer to whom water, sewer, and/or garbage service has been discontinued two or more times within a twelve month period for failure to pay the amounts due for water, sewer, or garbage collection service billings from the city, or any combination thereof, to pay to the city a deposit as a condition to receiving continued service at the same location or new service at a different location. When the customer is presently receiving such service, the customer shall be given a notice that such deposit is required with his or her bill for service. Failure to pay such deposit within the time required shall be treated in the same manner as other nonpayments of amounts due for purposes of this chapter.
(b) 
The director of finance may require all customers who are receiving or have applied or requested receipt of garbage collection service and are not receiving or will not receive water service from the city to pay to the city a deposit. Payment of such deposit by persons not receiving garbage service shall be a condition precedent to receipt of such service. The customer shall be given a notice that such deposit is required with his or her next bill for service. Failure to pay such deposit within the time required shall be treated in the same manner as other nonpayments of amounts due for purposes of this chapter.
(c) 
The city council shall by resolution establish the amounts or criteria by which the director of finance or his or her designee may determine the amounts to be deposited pursuant to subsections (a) and (b) of this section.
(d) 
In case of nonpayment of all or part of a bill, said deposits may be applied toward payment of the charges, penalties, and costs of collection, but only insofar as necessary to liquidate the cumulative amount thereof.
(Ord. 2192-86 § 4; Ord. 3062-15 § 54)
Nothing in this chapter shall preclude the city from discontinuance or termination of water service or wastewater service in the following cases:
(a) 
Termination of wastewater service to any premises if a violation of any provision of Chapters 12.04 through 12.18 is found to exist, or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance, pursuant to Section 12.18.100.
(b) 
Discontinuance of water service for nonpayment of a bill for water service rendered to the customer at a previous location, pursuant to Section 12.24.040.
(c) 
Discontinuance of water service for violation of city rules and regulations pertaining thereto, pursuant to Section 12.24.050.
(d) 
Discontinuance of water service where part of the consumer's service appliances or apparatus is unsafe, or if the utilization of water by means thereof is prohibited or forbidden under the authority of any law or municipal ordinance or regulation, pursuant to Section 12.24.070(a).
(e) 
Shutting off of water service from any consumer in case of fire or an alarm of fire, pursuant to Section 12.24.170(a).
(f) 
Discontinuance of delivery of water to premises having an auxiliary water supply where the city water supply is in danger of being contaminated, where the required protective device has not been installed, is defective, or has been removed or bypassed, and the consumer cannot immediately be located, pursuant to Sections 12.28.310 and 12.28.320.
(Ord. 2192-86 § 4)
(a) 
The director of finance may cause charges for water service, sewer service, and/or garbage collection service which are delinquent for not less than sixty days to be collected on the tax roll in the same manner, by the same persons and at the same time as, together with and not separate from, its general taxes.
(b) 
The director of finance shall cause a written report to be prepared each year and filed with the city clerk, which shall contain a description of each parcel of real property receiving such service as to which such delinquency exists and the amount of the charge due for each parcel. The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the city clerk.
(c) 
The city clerk shall cause notice of the filing of said report and of a time and place of hearing thereon to be published pursuant to Section 6066 of the Government Code prior to the date set for hearing in a newspaper of general circulation printed and published within the city. The first time such charges are collected on the tax roll following adoption of this section, the city clerk shall cause a notice in writing of the filing of said report proposing to have such charges collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as known to said clerk. If the city council adopts the report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years, but notice by publication as herein provided shall be adequate.
(d) 
At the time stated in the notice, the city council shall hear and consider all objections or protests, if any, to said report referred to in said notice. The city council may continue the hearing from time to time.
(e) 
Upon the conclusion of the hearing the city council may adopt, revise, change, reduce or modify any charge as described in said report. The determination of the city council shall be final.
(f) 
After the final determination of each charge the city clerk shall file with the director of finance a copy of the report prepared pursuant to this section with a statement endorsed of the report over his or her signature that the report has been finally adopted by the city council. The director of finance shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. If the property is not described on the roll, the auditor may enter the description on the roll together with the amounts of the charges, as shown in the report.
(g) 
Except as provided in subsection (h), the amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon of the first Monday in March immediately preceding the date of levy.
(h) 
All laws applicable to the levy, collection and enforcement of general taxes of the city, including, but not limited to those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such charges, except that if any real property to which such charges relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by subsection (g) shall not attach to such real property and the charges relating to such property shall be transferred to the unsecured roll for collection.
(Ord. 2192-86 § 4; Ord. 3062-15 § 57)