It is the purpose of this chapter to establish uniform procedures for the establishment and administration of water, sewer, and/or refuse service customer accounts, submission of billings, collection of monies, and the administration of delinquent accounts.
(Ord. 1688, 2007)
The city council reserves the right and power to, and may from time to time, by resolution, adopt rules and regulations for the operation of the utility systems, for furnishing the services, and for setting and/or modifying the rates and charges in compliance with the requirements of Article XIIID, Section 6 of the California Constitution (Prop. 218), deposits, and penalties established and imposed relating to the services enumerated in Section 4.50.010 of this chapter except as specifically provided elsewhere in this code.
(Ord. 1688, 2007)
The director of finance and administrative services (director) and/or his/her designated representative(s) shall administer and enforce the provisions of this chapter. The director and/or his/her designated representative(s) may modify the requirements imposed by the provisions of this chapter, using reasonable judgment, in individual cases where sufficient mitigating circumstances exist.
(Ord. 1688, 2007)
The director shall be responsible for maintaining a record of accounts showing the names of persons to whom service is being furnished by the city, the address of the property being served, the amounts due, the disposition of the accounts, and any additional information deemed necessary by the director for the administration and upkeep of said accounts.
(Ord. 1688, 2007)
All rates and fees associated with the commencement, provision, discontinuation and/or recommencement of the services enumerated in Section 4.50.010 of this chapter shall be set forth in the master schedule of fees adopted and/or amended from time to time by resolution of the city council.
(Ord. 1688, 2007)
Before service is supplied to any premises, the customer shall complete and submit an "Application for New Service" to the department of finance and administrative services, either in person, by mail, by electronic mail, or by facsimile.
(Ord. 1688, 2007)
Upon application for the commencement or resumption of services a deposit of no less than one hundred dollars for residential customers and no less than three hundred dollars for commercial customers shall be required. The city shall retain such deposit for the maximum period permitted and provided for under the laws of the state of California and shall apply such deposit, or portion thereof as may be necessary, upon any account remaining unpaid at the discontinuance of service. If, thereafter, the same or a different residential or business customer makes a new application for such service at the same address, a new deposit shall be required. Each advance deposit, or portion thereof, not so applied shall be returned to the customer whenever there is a change in occupancy of the premises, change of the account holder of record, or when an account is closed.
(Ord. 1688, 2007)
The city, as a condition of water service, shall have the right to install water meters on any and all water services, and the charges used through the meter shall be in accordance with the applicable master schedule of fees. The city shall also have the right to inspect said water meter at any time.
(Ord. 1688, 2007)
The city may refuse to establish or may discontinue one or more of the services enumerated in Section 4.50.010 of this chapter to any customer if any part of the plumbing or other equipment, or use thereof, is determined by the city to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or any condition existing upon the customer's premises, or portion thereof, is determined to endanger the city's service facilities, until it shall have been put in a safe condition or the violation has been remedied. The city does not assume any responsibility for inspecting or repairing the customer's plumbing or other equipment, or any part thereof and assumes no liability therefor.
(Ord. 1688, 2007)
Should the city fail to furnish one or more of the services enumerated in Section 4.50.010 of this chapter by reason of breakage of any wire, pipe or machinery or from any cause beyond its power or control, and/or if any consumer should fail to pay his or her bill within the time specified in this chapter and any of the employees of the city disconnect or discontinue one or more of the services enumerated in Section 4.50.010 of this chapter in compliance with this chapter and Government Code Section 60372 et seq., the city or its employees shall not be held responsible for any damages that might result from disconnection. If the installation and preventative maintenance of a water pressure regulator is required by the director of public works, the installation and maintenance thereof shall be the sole responsibility of the property-owner and the city will not be liable for losses or property damage as a result of the lack of maintenance of, or the failure of such devices. The property owner shall install the required water pressure regulator within the time specified by the director of public works.
(Ord. 1688, 2007)
Every owner, tenant or occupant of premises receiving one or more of the services enumerated in Section 4.50.010 of this chapter shall be billed for such service once every month. All charges for service are due and payable when rendered and become delinquent on the twentieth calendar day after the billing date shown on such bill. Each bill shall include a notice that the bill will become delinquent if not paid prior to the delinquency period specified on the bill.
(Ord. 1688, 2007)
Payments may be made only with currency of the United States of America, either via the United States Postal Service, at a designated utility payment drop box, or directly at the department of finance and administrative services and may be accepted only by the director or by employees under his/her supervision.
(Ord. 1688, 2007)
A. 
Whenever payment for a bill which was properly rendered has not been received by the department of finance and administrative services at the close of business on the delinquency date as specified on the bill, the total amount of the bill shall become delinquent. If the delinquency date is a nonbusiness day, the account shall become delinquent at the close of business on the first business day thereafter.
B. 
Delinquent amounts not paid by the time the next bill is prepared shall be separately stated on the next bill rendered to the customer; such amount shall be subject to a late charge, and such statement shall constitute notice of delinquency to the customer. The amount of the late charge shall be ten percent or ten dollars, whichever is greater. The late charge shall be applied monthly against the outstanding delinquent balance (minus any prior late charges) and will not be calculated on a compounded basis. Partial payments will be applied, in priority order, as follows:
1. 
First to the unpaid water charges, then
2. 
To the unpaid sewer charges, then
3. 
To the unpaid refuse charges, then
4. 
To any local taxes, then
5. 
To any outstanding penalties or interest, then
6. 
To any miscellaneous utility fees, charges or assessments, then
7. 
To FireMed program payments (if enrolled), then
8. 
To any other program payments, and finally
9. 
To voluntary donations (if enrolled).
All unpaid balances will be carried forward as delinquent, with the exception of voluntary donations, which will not be considered collectable or delinquent. The director is authorized to waive delinquency charges one time per year, per account, subject to a review of prior payment patterns for the delinquent account; however, delinquency charges may not be waived more than once in any continuous- twelve month period.
C. 
If the bill for all past due and current amounts prepared pursuant to Section 4.50.130(B) of this chapter is not paid within nineteen days after the notice specified in Section 4.50.130(B) of this chapter, on or after the twentieth day following the date shown on such notice a final notice shall be mailed to the customer advising that service may be discontinued if payment of the entire amount then due is not made within fifteen days.
D. 
If the bill has not been paid by the close of business on the date specified in Section 4.50.130(C) above, the city shall make reasonable attempt to contact an adult person residing at the premises of the customer by telephone or personal contact at least twenty-four hours prior to any termination of service. In the event telephone or personal contact cannot be achieved the city shall give, by mail or by posting in a conspicuous location at the premises, a notice of termination of service, at least forty-eight hours prior to termination.
E. 
After following the procedure set forth in Section 4.50.130(D), service shall be discontinued and a disconnection fee as set forth in the master schedule of fees adopted and/or amended from time to time by resolution of the city council shall be charged and added to the customer's bill.
F. 
No person who owes delinquent accounts to the city on either a closed or current account may open a new account until all such delinquent accounts have been paid in full.
G. 
The city reserves the right, and the director is authorized, to use a collection agency, establish payment plans, or pursue any and/or all other remedies provided for under the law to pursue the collection of delinquent accounts.
H. 
Failure to receive mail will not be recognized as a valid excuse for failure to pay a bill by the due date. Change in occupancy of property provided service and/or changes in mailing addresses of consumers of service must be filed with the department of finance and administrative services either in person or by telephone.
(Ord. 1688, 2007)
A. 
The director is authorized to fully or partially write-off as uncollectible any delinquent account provided for under this chapter when the director determines that the delinquent account is:
1. 
Uncollectible; or
2. 
Possibly collectible but collection would not be reasonably cost effective taking into consideration the probable necessary cost to the city in pursuing collection and the likelihood of collection; or
3. 
Under a payment plan established and approved by the director of finance and administrative services that includes a provision to forgive a portion of the delinquency if the account holder meets the terms of the payment plan; or
4. 
Not a valid or enforceable claim of the city.
B. 
A write-off pursuant to this section is authorized solely to facilitate the keeping of the books of account of the city, and under no circumstances shall any such write-off be deemed to constitute a relinquishment or abandonment by the city of any such account or claim, and nothing in these sections shall be deemed or construed to prevent the city from collecting or enforcing payment of any such account or claim at any time.
(Ord. 1688, 2007)