In order to encourage the timely payment of sewer and water service fees by all users of the waste water treatment and water treatment systems, supplement those funds otherwise timely received, cover the additional monetary costs and lost opportunity costs associated with overdue payments of sewer and water service fees and the collection thereof, and to further facilitate the effective operation and maintenance of the waste water and water treatment systems, the penalty fees and enforcement procedures set forth in this chapter have been adopted.
(Ord. 2014-08 §3)
The finance director or a designee shall be in control of collections of all moneys due the city for utility service charges including water and sewer under the general direction of the city manager, and shall account for the same in the same manner as required for other funds received in an official capacity.
(Ord. 2014-08 §3)
The amounts of all utility service charges metered and unmetered including, but not limited to, charges for monthly sewer and water service charges, meters, screens, standby charges, sewer and water connection fees, reserve capacity charges, lateral and main connection charges, service connection charges, inflow/outflow monitoring devices and sampling devices, penalties, and re-connection fees may be established by resolution. The failure to pay any charge established by resolution adopted pursuant to the provisions of this chapter, or by this chapter, shall constitute a violation.
(Ord. 2014-08 §3)
The finance director and all other appropriate city officers, agents, or employees shall promptly and economically take all actions necessary for the collection of all charges in this chapter which are now or may be provided for.
(Ord. 2014-08 §3)
Charges for sewer and water shall be charged to every service connected to the municipal waste water and municipal water system in accordance with rates and charges as established by the city council from time to time by resolution. Charges for sewer and water service to properties shall commence upon completion or occupancy of a building, upon expiration of the construction period, or upon installation of a meter, whichever shall occur first.
All users of the waste water and water treatment systems shall pay for such services and for the privilege of connecting to these systems at the rates, at the time, and under the conditions set forth in this code. Such users shall comply with all provisions of this code relating to the city utility bill generally and the use of the waste water and water treatment plants specifically.
When sewer or water service is turned on or terminated at any time between the beginning and pending of the monthly billing period for any flat rate or unmetered installation, the amount charged for that month shall be prorated on a daily basis from the date of commencement or termination of service as is appropriate.
On premises served with city water, the charge for sewer service shall be added to the charge for water service and payment of the total amount must be made in accordance with this chapter.
On premises not served with city water, the billing of sewer services shall be made in accordance with provisions of this chapter and in accordance with a schedule approved by the city council from time to time by resolution.
(Ord. 2014-08 §3)
The charges imposed by this chapter shall be deemed a debt due the city of Waterford for which the owner of the property and the user of the services shall be held jointly and severally liable in a civil action in the name of the city of Waterford, or its assignee, as plaintiff. Said action may be brought in any court of competent jurisdiction for the amount of charges imposed by this title, including late charges, other penalties, costs of suit, and reasonable attorney's fees, which sum shall be deposited into the city treasury upon collection.
(Ord. 2014-08 §3)
Owners of real property shall be responsible for utility services charges for said services used on their premises, although payments will be accepted from tenants. Where the utility account is not in the name of the real property owner, this should become the case as soon as property owners are able to do so. The city may require this change immediately when a tenant becomes delinquent in making the required payments, or when tenants change. The city reserves the right to change the utility account into the name of the real property owner at any time and for any reason.
In case payments are not in accordance with this chapter, the services may be disconnected and shall not be restored until the delinquent charges have been paid or arrangements to do so have been made to the satisfaction of the city; except where a new owner of record or a new tenant has taken up residence since the delinquent charges were incurred.
In case of a previous tenant leaving a delinquent bill, the city may require that subsequent service be furnished under the name of the owner of real property or his or her agent.
(Ord. 2014-08 §3)
An advance deposit for utility services, as may be established from time to time by resolution duly adopted by the city council, shall be required for each service based solely on credit worthiness of the consumer. Each applicant for sewer and water service will be required to establish credit before receiving such service. Credit will be deemed established if the applicant meets any one of the following conditions:
A. 
If the applicant has been a user of the city sewer/water system or of any other California city as demonstrated by submission of bills for twelve consecutive months of service by the city and during such time has paid all bills without discontinuance of service for nonpayment thereof;
B. 
If the applicant makes a cash deposit in the amount of twice the estimated average periodic bill for sewer or water service. Such estimate shall be made by the finance director or designee, based on the average bill for similar services in the last twelve months.
Said advance deposit may be applied toward the nonpayment of the utility services charges upon delinquency and subsequent scheduling for disconnection of services for nonpayment, at the time of discontinuance of service or upon reaching credit worthiness satisfactory to the city. If said deposit is applied to a delinquent account, service shall not be resumed on such account until such time as the deposit is replaced to the satisfaction of the city.
(Ord. 2014-08 §3)
All users shall be billed for sewer or water service monthly or bimonthly, at the option of the city. Sewer and water service charges may be collected with the rates, tolls, and charges for other utility services furnished by the city and all such charges may be billed on the same bill.
(Ord. 2014-08 §3)
Sewer/water service charges shall be delinquent if not paid in full on or before the date upon which such charges become due and payable.
Whenever any sewer or water service charge becomes delinquent, there shall be imposed a late penalty of ten dollars. In addition, a ten-dollar penalty fee shall be imposed each month there is an outstanding balance after the delinquency date, unless waived at the discretion of the city.
(Ord. 2014-08 §3)
In the event any user fails to pay, when due, any utility service charge applicable to premises controlled or owned by him or her, the city may enforce payment of such delinquent charges in any of the following manners:
A. 
The city may in extraordinary circumstances permit the collection of the delinquent payments through a payment plan agreed upon by both parties after supporting documentation is verified where the payment is not less than the past due amount, and for a duration not to exceed sixty days. Where the payment plan is not adhered to as agreed, the city may consider other options available to enforce payment of the delinquent charges. Evidence of a current water service account will be required in order to defer disconnection of the sewer service, and vice-versa.
B. 
The city may have the premises disconnected from the sewer/water system. In the event such disconnection should create a public hazard or nuisance, the director or designated representative may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or menace. The user of the premises shall have a duty to reimburse the city for all expenses incurred by the city in disconnecting the premises, or in doing other things authorized by this section, and no reconnection shall be made until all such charges have been paid or arrangements to do so have been made to the satisfaction of the city. The delinquent and reconnection charges shall be in accordance with a schedule approved by the city council from time to time by resolution.
C. 
The city may perfect a lien to collect any and all delinquent payments. The city clerk shall cause to be recorded notice of the lien on the property for delinquent charges due to the city, in the office of the county recorder for the amount due.
D. 
The city may place any and all utility service payments on the tax roll, for collection with its general taxes, and the city clerk shall certify to the county auditor the names and amounts for entry upon the tax roll. After receipt of the amount due, the city clerk shall cause to be recorded a release of lien in the county recorder's office.
E. 
The city may take such other action as may be authorized by law and by the city council.
(Ord. 2014-08 §3)
If a payment of not less than the past due amount for sewer/water services is not paid within fifteen days, the city may terminate any and all service for which the bill is rendered, provided notice and opportunity to present objections to the bill is first given as provided in this subsection.
A. 
Prior to the termination of any utility services for nonpayment, the city shall cause a written notice of the payment delinquency and impending termination to be mailed to the owner of the premises to which the utility services are provided, at the owner's address, via regular USPS or certified mail. If the owner's address is not the address of the property to which such utility services were rendered, the notice also shall be sent to the address of the property to which such utility services were rendered, addressed to "Occupant."
B. 
The notice shall be mailed not less than fifteen days prior to the proposed termination date, and should be timed to occur early in the week providing opportunity for a reconnection during business hours.
C. 
The notice shall include all of the following in a clear and legible format:
1. 
The owner's name and address;
2. 
The amount of the delinquency;
3. 
The date by which payment or arrangement for payment is required in order to avoid termination of utility services;
4. 
A description of the opportunity to file a complaint or request an investigation concerning the delinquent utility service charges or applicable services, or to request an extension of time to pay the delinquent charges because the charges are beyond the means of the owner to pay in full within the time required;
5. 
A description of the procedure by which the owner may request amortization of the delinquent utility service charges;
6. 
A description of the procedure for the owner to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable; and
7. 
The telephone number of a city representative authorized to provide additional information or institute arrangements for payment.
D. 
A notice of the delinquency and impending termination of utility services for commercial water users also shall be mailed to any third party designated to receive notification pursuant to subdivision (c) of Section 10010.1 of the California Public Utilities Code, if any, provided that such notification shall not obligate the third party to pay the delinquency nor prevent or delay a termination of utility services.
(Ord. 2014-08 §3)
A. 
Not less than twenty-four hours prior to a scheduled termination of water service or sewer service, a reasonable attempt shall be made to contact an adult person residing at the premises of the customer by telephone or personal contact, prior to any termination of service, except that, whenever telephone or personal contact cannot be accomplished, the public utility shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of termination of service, at least forty-eight hours prior to termination. The final notice shall include all of the following in a clear and legible format:
1. 
The owner's name and address;
2. 
The amount of the delinquency;
3. 
The date by which payment or arrangements for payment was required in order to avoid termination of utility services;
4. 
The telephone number of a department representative authorized to provide additional information or institute arrangements for payment; and
5. 
If the notice is directed to a residential customer failing to comply with an amortization agreement, a description of the conditions the customer is required to meet to avoid termination.
B. 
The forty-eight-hour notice should be made at the end of the week, so that actual termination can occur early in the following week.
C. 
Should mobilization and termination work be underway when delinquent payments are made, the utility customer will compensate the city for the work done to date with charges as established by the city council from time to time by resolution.
(Ord. 2014-08 §3)
A. 
The finance director or designee shall have the discretion to write-off utility service charges that the finance director or designee deems uncollectible or refund utility service charges of any type.
B. 
In order to receive a refund, a city-utility customer must:
1. 
File a sufficient claim within ninety days of the questioned payment, unless waived by the finance director due to the account being closed and the account is paid in full;
2. 
Satisfy the finance director both: (a) that the refund is appropriate, and (b) that the claimant was the utility user of record who paid the funds subject to refund;
3. 
Refunds may be requested either in check or account credit.
(Ord. 2014-08 §3)
When the finance director or designee determines that a parcel owner was not billed or was underbilled for utility services rendered to the parcel, the parcel owner is responsible and liable for payment of the utility service charges that were not billed for such period as may be determined by the finance director or designee, provided that the maximum period of utility service charges for which the city may back-bill the owner is one year.
When the finance director or designee determines that a parcel owner was over-billed for utility services rendered to the parcel, the parcel owner is entitled to a credit for the over-billed amount for such period as may be determined by the finance director or designee, provided that the maximum period of utility service charges for which the city may provide a credit to the owner is one year.
(Ord. 2014-08 §3)
If any user or owner disputes the amount of the sewer or water service charge for any premises controlled or owned by him or her in any bill or invoice, he or she shall, within thirty days immediately following the date upon which such charge becomes due and payable, file a claim with the finance director or designee accompanied by detailed supporting factual data in support of the claim.
It shall be the duty of each user or owner to prove to the finance director or designee that such charge is in error and the correct amount thereof. If the finance director or designee determines that the charge was in error, the finance director or designee shall correct the bill or invoice. Failure to dispute the amount of any charge in accordance with this section shall be deemed acceptance of the correctness of the charge.
The dispute shall be handled accordingly:
A. 
If an extension of time to pay is requested, the designated employee shall consider whether the owner should be permitted to amortize the unpaid balance of the utility services account over a reasonable period of time, not to exceed six months.
B. 
The designated employee shall make a decision, which may include adjustment of the amount due and/or extension of the time for payment for a period of up to six months. A copy of the decision shall be mailed to the owner at the owner's address.
C. 
Any person aggrieved by the decision may appeal to the city manager by filing a written notice of appeal within five calendar days of the decision with the city clerk. The written notice shall include his or her objections to the decision and basis for appeal. Any person aggrieved by the city manager's appeal decision may request the appeal to be scheduled and heard on a future city council meeting date, however no later than thirty days from the initial ruling. After hearing the objections by such person and giving due consideration thereto, the city council shall make its decision on the matters contained in the appeal, and its decision shall be final and conclusive.
(Ord. 2014-08 §3)
The reconnection charge shall be in accordance with a schedule approved by the city council from time to time by resolution and completed as soon as feasible during regular business hours. Reconnection will not occur until reconnection fees have been paid to the city. Additionally, the customer must bring their account current or set up a payment plan before reconnection will be ordered.
(Ord. 2014-08 §3)
Sewer charges shall be paid for vacant or untenanted premises, except buildings under construction, unless and until a notice of the vacancy and a request for the discontinuance of water and sewer service is made or provided to the city and at all times while water is being provided to such premises.
(Ord. 2014-08 §3)