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)