The city will charge for the furnishing of water and sewer service and the collection and disposal of solid waste (collectively utility services) as provided for in this code. The provisions of this chapter are enacted to set the rules and regulations for the billing of utility services for the city. The city will collect all charges and fees from customers using utility services provided by the city. The procedure of rendering bills for collection, their payment, and the consequences of nonpayment, unless otherwise provided elsewhere in this chapter, will be governed by council/administrative policy as contained in resolutions adopted by the city council, including council/administrative policy no.10-24, residential water service discontinuation for nonpayment of a delinquent account. Policy no. 10-24, will be posted on the city website. It will be provided in English, the languages listed in California Civil Code Section 1632, and any other languages spoken by ten percent or more of the city's utility customers.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
All customers are responsible for utility service fees and charges as established by resolution or ordinance of the city council and as set forth in the cost allocation plan. In addition, all customers will be responsible for all additional fees and costs assessed due to unlawful connection or damage caused to the city's property by the customer, or his or her tenants, agents, employees, contractors, licensees, permittees, guests or invitees.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
No person may fail or refuse to pay the utility service fees and charges provided for in this code.
If any person fails or refuses to pay the lawful charges, including both delinquent and current charges, for any utility services, the service to the premises, regardless of tenancy, will be discontinued, in accordance with the procedures set forth in this chapter. In addition, an action may be brought in the name of the city in any court of competent jurisdiction, and reasonable attorneys' fees will be awarded to the city as plaintiff.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
No application for utility service will be approved without authorization from the city and the payment of all applicable fees and deposits as required in accordance with the current cost allocation plan plus recovery of any special costs for work incurred by the city. Each applicant for utility service is required to provide the information listed below and may be required to sign an application form provided by the city. Additionally, when determined necessary to protect the city, an applicant may be required to personally appear in order to establish service, fill out and sign an application and present personal identification. By applying for service, the applicant agrees to abide by all rules and regulations of the city, including providing all information required for the city to calculate a water allotment for the applicant during periods of water conservation/rationing. When two or more persons jointly apply for utility service, or when additional persons are added to an existing account, they will receive a single periodic bill, but will be jointly and individually liable for charges incurred for services provided and penalties incurred.
The application form or process may include:
A. 
Date of application;
B. 
Name(s) of applicant(s);
C. 
Date of birth, California driver's license or other form of government issued identification and last four digits of the Social Security number;
D. 
Street address of property to be served;
E. 
A telephone number where the applicant can be reached during work hours and during non-work hours;
F. 
Address to which the bills will be mailed if different than service address;
G. 
Email address;
H. 
Service start date;
I. 
Type of service requested;
J. 
Applicant's relation to the property as owner, agent, tenant or developer;
K. 
The city may request that applicants submit other necessary information and payment of any other charges depending on the type of application for utility service in accordance with this chapter.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
A person using utility services without filing an application will be responsible for paying for water usage from the date of the last recorded meter reading or an estimate of the water usage based on average usage for like premises of similar size and function as determined by the city. In addition, a person using utility services without filing an application is responsible for paying for sewer service and solid waste services rendered at the location. If application for service is not made within twenty-four hours after notification to do so, utility services may be discontinued.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
When an applicant for utility service has a past due balance on a utility account that is in the collection process, the city may refuse utility service until all outstanding charges are paid. An application for new service may be completed in person and identification must be provided. A payment arrangement plan to pay off the past due amount and any applicable fees may be established in accordance with Section 3.26.130.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
In addition to any security deposit that may be required, an application fee will be required in order to establish service. This fee will be charged on the customer's first bill. The application fee will not obligate the applicant to take service for any period of time. The application fee is not transferable to any other properties or premises. The amount of the application fee is as set in the cost allocation plan.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
Customers who have demonstrated a record of nonpayment of utility bills may be required to pay a security deposit prior to service being established.
A. 
The amount of the deposit will be equal to the average monthly billing for accounts of similar size and function as determined by the city and will not be less than the seasonal amount threshold that will determine the minimum past due balance subjecting customers to discontinuation of service.
B. 
In the event of nonpayment of all or a portion of a bill, the security deposit will be applied to cover any unpaid charges on the account.
C. 
When the security deposit has been applied to cover any unpaid charges on the account, the customer will fully restore the security deposit in an amount equal to the current average monthly billing for their account in addition to the payment of any other applicable fees and charges set by resolution or ordinance of the city council, before the city reinstates service. If the security deposit is insufficient to cover the unpaid charges, an increase to the security deposit amount may be required.
D. 
No interest will accrue or be paid on any amounts deposited with the city.
E. 
After twelve months of good payment history, as determined by the director of finance and information systems, the security deposit may be credited to the account.
F. 
Upon permanent discontinuance of service and closing of an account, the city will refund the security deposit to the customer without interest less any unpaid fees and charges due and owing to the city for utility service.
G. 
When the city receives notice that a customer has filed for bankruptcy, the city may apply the customer's security deposit to cover any delinquent fees and charges the customer owes for service furnished up to the date of the bankruptcy filing. The customer will then be required to complete an application for new service and submit a security deposit in the amount equal to the current average monthly billing for their account as determined by the city.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
The regular billing period will be monthly. If the total period for which service is provided is less than one month, the monthly service charges will be prorated.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
Bills are due and payable when invoiced and may be paid by any form acceptable to the city and in accordance with this chapter. Bills are past due twenty-five days after date of invoice and are considered paid when payment is received by the city. The city accepts no responsibility for non-receipt or delay in receipt of bills, except in circumstances which are under its direct control. If bills are not paid by the due date, a delinquency penalty on past due amounts, at a rate set by resolution or ordinance of the city council, will be added to the following month's bill.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
Payments by check or credit card that are returned unpaid are subject to a returned payment fee as set forth in the cost allocation plan. If the dishonored payment establishes a past due amount on the customer account, the amount that was returned plus the returned payment fee must be paid within one business day after notice. Failure to pay may subject the account to disconnection in accordance with sections 3.26.230 and 3.26.240, and for residential water service, council/administrative policy no. 10-24, residential water service discontinuation for nonpayment of a delinquent account. When a customer has two or more returned payments during a twelve-month period, the customer may be required to pay future utility bills only by cash, cashier's check or money order for the following twelve months or establish a security deposit. The payment for reconnected service cannot be made by the same method as the returned payment leading to disconnect.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
Customers that are unable to pay their utility charges may apply for an amortized payment arrangement which would allow the delinquent charges to be paid over a six-month period. The customer must pay twenty-five percent of their balance upon application for an amortized payment arrangement. The amortized payment arrangement must be signed by the customer and approved by the director of finance and information systems. The customer must pay their current charges each month while making payments in accordance with the amortized payment arrangement. Payments must be made by cash, money order or credit/debit card. Late penalties will not accrue on amounts included in an executed amortized payment arrangement during the repayment period.
If the customer establishes service at a new location or transfers service while the amortized payment arrangement is in effect, any remaining balance will be transferred to the new account and a new amortized payment arrangement may be signed at the new address for the remaining months of the original agreement.
If the customer violates the amortized payment arrangement, all past due charges become immediately due and payable. If not paid, the customer's utility service will be subject to disconnection no sooner than five business days after the city posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
Customers with no more than two late payments and no amortized payment arrangement or disconnections for nonpayment in a twelve-month period, may apply for the balanced billing program. The plan allows customers to flatten out the peaks of their current month's utility bill with the prior eleven months and make the utility bills more predictable in every season. Once participating in the balanced billing program, if customers have more than two late payments or elect payment arrangements, the balanced billing plan will stop and the full amount of any unpaid balance will be due and payable on the due date of the next utility bill.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
In the event a meter fails to register consumption, the customer will be charged for an estimated amount of water used, based upon the customer's prior consumption during the same season of the year or upon a reasonable comparison with use of other customers during the same period receiving the same class of service under similar circumstances.
The customer has the right to dispute the city's estimate of the water usage on which the bill is based. An adjustment can be made if upon a comparison of the billed usage with accurately metered subsequent use, normally seven days or more, it is determined that the billed consumption was over or under estimated.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
Each meter on a customer's premises will be billed separately, and the readings of two or more meters will not be combined unless the city, for operating convenience or necessity, determines otherwise or in the case of looped meters.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
A customer must notify the city that it disputes the correctness of a bill and requests a review or investigation, within fifteen days from the date of disputed bill or any initial notice of termination of utility service. If a customer believes a payment has been made but not recorded on their account, the customer will be required to present a receipt, cancelled check or other satisfactory evidence to substantiate the payment and enable the city to research the receipt of the payment.
If the dispute is related to the utility bill, the assistant director of finance and information systems will meet with the customer in person or by phone at the customer's request to investigate and attempt to resolve the dispute informally. If, following the meeting with the assistant director of finance and information systems, the customer's dispute is not resolved, the customer may submit the dispute to the director of finance and information systems by submitting a written request with a statement that the bill is in dispute and a full explanation of the dispute.
If the dispute is related to utility services, the assistant director of public works/operations will meet with the customer in person or by phone at the customer's request to investigate and attempt to resolve the dispute informally. If, following the meeting with the assistant director of public works/operations, the customer's dispute is not resolved, the customer may submit the dispute to the director of public works by submitting a written request with a statement that the services billed are in dispute and a full explanation of the dispute.
While the issue is being researched and before a final determination by the city is made, the customer must continue to pay all undisputed amounts owed on the schedule required to avoid interruption of service.
The determination of the director of finance and information systems or director of public works is final.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
Adjustments of water bills due to meter error will only be made after testing in accordance with the procedures set forth in Section 14.01.430.
A. 
Fast Meters. When a test reveals that a meter is registering faster than the actual flow under conditions of normal operation, the city will, within forty-five days, refund or credit to the customer the full amount of meter test fee and the overcharge based on corrected meter readings for the prior period, not to exceed thirty-six months, that the meter was in use by the customer, unless the exact duration of fast meter registration can be determined. A refund or credit to the customer will be made only if the account is current and in good standing.
B. 
Slow Meters. When a test reveals that a meter is registering less than the actual flow, the city will retain the meter test fee and may bill the customer for the amount of the undercharge based upon corrected meter readings for the prior period, not to exceed thirty-six months that the meter was in use by the customer, unless the exact duration of slow meter registration can be determined.
C. 
Non-Registering and Unreadable Meters. When a test reveals that a meter is not registering or not readable, the city will refund or credit to the customer the full amount of meter test fee and may bill the customer for the estimated amount of water consumed while the meter was not registering or not readable. The director of public works will estimate the consumption based either upon the customer's prior use during the same season of the year or upon a reasonable comparison with the use of other customers receiving the same type of service during the same period and under similar circumstances and conditions.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
A. 
All Utility Customers. Bill adjustments will generally not be made on excess delivery or high water consumption except when evidence clearly shows that the excess delivery is due to a leak on an underground or unexposed water service line and not wasteful use, defective irrigation lines or otherwise due to the consumer's acts, omissions, or negligence as determined by the director of public works. For purposes of this section, water service lines include any customer facilities that connect with the city's facilities, such as the pipeline from the meter box, control valve and other necessary or required fittings to provide water to the premises from the meter box.
A bill adjustment will only be made after adequate repairs have been made and only once it is certain such leak or loss will not occur again as determined by the director of public works. No adjustment or allowance will be made covering more than one billing period nor will more than one adjustment or allowance be made to the same customer for the same premises in any twelve-month period.
If it is determined that an adjustment is warranted, an adjustment in the amount of fifty percent of the excess water consumption will be reflected in the next billing. Excess delivery will be calculated by comparing the water usage during the leak month to the customer's prior consumption during the same season of the year, if available. If prior consumption during the same season of the prior year is not available, a reasonable comparison with use of other customers during the same period receiving the same class of service under similar circumstances will be used.
B. 
Residential Customers. When a residential abnormal water meter read has been recorded during the months used as a basis for the computation of the customer's sewer service fee for a reason such as an unknown leak, meter failure, or other reason beyond the customer's control as determined by the director of public works, the sewer service fee will be recalculated and the differential will be taken into account when the rate is set for the next billing year beginning in July. The recalculated sewer service fee will be determined by recalculating the fee based on the customer's prior usage during the same season of the prior year, if available. If prior consumption during the same season of the prior year is not available, a reasonable comparison with use of other customers during the same period receiving the same class of service under similar circumstances will be used or another basis as approved by the director of finance and information systems.
C. 
Commercial Customers. When a bill adjustment due to a leak has been provided to a commercial customer, a sewer service credit will be reflected in the next billing, due to the overcharge of sewer service fees based on excessive water consumption. The credit will be determined by re-calculating the sewer service fee based on the usage during the customer's prior consumption during the same month of the prior year, or if not available, a reasonable comparison with use of other customers during the same period receiving the same class of service under similar circumstances.
D. 
A commercial customer may qualify for a sewer only adjustment for leaks that are not on the main service line. Once the leak has been repaired and verified by the director of public works, the credit will be determined by re-calculating the sewer service fee based on the usage during the customer's prior consumption during the same month of the prior year, or if not available, a reasonable comparison with use of other customers during the same period receiving the same class of service under similar circumstances. No adjustment or allowance will be made covering more than one billing period, nor will more than one adjustment or allowance be made to the same customer for the same premises in any twelve-month period.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
When it is determined that the city has overcharged or undercharged a customer for utility services, the account records will be corrected to insure accurate future billing. When the city has overcharged a customer as the result of a billing error, the account will be credited for overcharges for the period of overcharge not to exceed thirty-six months. In the case of an undercharge, back billing of up to thirty-six months will be calculated based on actual services delivered or estimated based on similar users and average use in the same area.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
If a customer has not disputed the accuracy of a bill in a timely fashion, and the amount stated to be due is not paid in full within sixty days of the bill date, the city will have the right to discontinue utility service, except as otherwise set forth in this chapter or where prohibited by statute. Residential water customers discontinuation of service is outlined in council/administrative policy no. 10-24, discontinuation of residential water service for nonpayment of a delinquent account.
Along with the discontinuation exemptions for delinquent residential water service accounts as further described in council/administrative policy no. 10-24, utility services will not be discontinued under the following circumstances:
A. 
During research and investigation regarding utility usage or billing until a resolution is determined by the city as set forth in Section 3.26.170; or
B. 
When a customer has been granted an extension for the payment period or is in compliance with an authorized amortization payment arrangement.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
Customers desiring to discontinue service should notify the city a minimum of two working days prior to vacating the premises. Unless discontinuance of service is ordered, the customer will be liable for all applicable charges whether or not any utilities are used by the customer.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
Except for discontinuing water service pursuant to Section 3.26.240, the city may at its discretion discontinue a customer's utility service if a customer fails to comply with all or any part of this chapter or other rule or regulation of the city. The director of public works will notify the customer in writing, describing the violation, and demanding immediate correction. If the severity of the violation could cause immediate detrimental or dangerous effects on other customers or the public in general and rectification of the violation will not allow time for written notice, the director of public works may discontinue utility service immediately. The city will correct such violation by whatever means possible, including entering the premises without notice. Utility service will not be supplied until the customer complies with the ordinance, rule or regulation that was violated. If the customer cannot comply with the ordinance, rule or regulation, the city may reinstate utility service if the customer satisfies the city that, in the future, the customer will comply with this chapter and other rules and regulations of the city, including payment of a reconnection/reinstatement of service charge as set forth in the cost allocation plan and any other payment may be required as a condition of renewal of service.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
The city may discontinue water service for the reasons and pursuant to the restrictions set forth in subsections A through G.
A. 
Discontinuation for Nonpayment. Residential water service may be discontinued for nonpayment of past due bills upon proper notice as provided in section 3.26.210, Section 3.26.250,, and council/administrative policy no. 10-24, residential water service discontinuation for nonpayment of a delinquent account.
B. 
On any Saturday, Sunday, legal holiday or any time during which the city offices are not open to the public for business.
C. 
Unsafe Apparatus. Water service may be refused or discontinued to any premises using apparatus or appliances which might endanger or disturb the service to other customers.
D. 
Cross-Connections. Water service may be refused or discontinued to any premises where there exists a cross-connection in violation of this chapter or applicable laws or regulations.
E. 
Fraud or Abuse. Service may be discontinued if necessary to protect the city against fraud or abuse.
F. 
Upon Vacating Premises. Customers desiring to discontinue service should notify the city a minimum of two working days prior to vacating the premises. Unless discontinuance of service is ordered, the customer will be liable for applicable charges whether or not any water is used by the customer.
G. 
Negligence and Waste. Water service may be discontinued if the customer is found to be negligent or wasteful in using water furnished to their premises.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
If after a service has been discontinued, the customer, without authorization, tampers with, turns on/restores the connection and continues to receive water service, the city may remove the meter and impose a charge for the unauthorized resumption of service. Such charge is in addition to all other applicable charges and is set forth in the cost allocation plan.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
A. 
Collection. The city may collect all unpaid rates, charges, and costs. Collection procedures may include filing a court action.
B. 
Costs. Applicant, customer, owner or contractor will pay all attorneys' fees and other costs incurred as a result of the necessity of the city's resorting to court or other formal services or legal processes, including, but not limited to, any collection process, for the enforcement of any duties or obligations imposed by any of the ordinances, agreements, rules or regulations of the city.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
If the utility service is discontinued, disconnected or abandoned, no right of refund of account establishment charges, monthly fixed charges or credit in any manner accrues to the customer.
The city may, at its discretion, retrieve any city owned solid waste containers from the premises following the final servicing of those containers. If the containers are not at the curb as requested, solid waste service charges may continue. The customer will be responsible for the containers and monthly fees until all containers are able to be retrieved by the city. If the customer is not able to return all containers, a replacement fee will be charged at a rate set by resolution or ordinance of the city council.
Charges to the date of discontinuance of utility services will be assessed and monthly charges will be prorated to the date of discontinuance of service. The customer requesting discontinuance will submit a proper forwarding address at which the customer will receive a closing bill.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
When utility service has been discontinued or interrupted due to nonpayment of the utility bill, the service will not be provided until all required delinquent charges and fees to re-establish service, at a rate set by resolution or ordinance of the city council, have been paid or the customer is eligible for and executes a payment arrangement. Customers seeking to re-establish service after discontinuation due to nonpayment or any other violation will be required to make payment only by cash, cashier's check or money order, subject to Section 3.26.120, for the following twelve months, or establish a security deposit as set forth in Section 3.26.080.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
Final bills on closed or delinquent accounts are due within twenty-five days of invoice date. If a customer fails to pay the past due balance on a closed account within twenty-five days, the balance may be transferred to an active account in the customer's name.
Further collections actions will be accomplished in accordance with council/administrative policy as contained in resolutions adopted by the city council.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
The director of finance and information systems will have the power, for good cause shown:
A. 
To extend the time for a customer to make a payment;
B. 
To adjust penalties or fees which would otherwise have accrued;
C. 
To set a seasonal amount threshold that will determine the minimum past due balance subjecting customers to discontinuation of service;
D. 
To adjust or extend the date of discontinuation of service;
E. 
To adjust the minimum amount of payment on the past due amount to restore services;
F. 
To adjust the amount of deposit required for utility services;
G. 
To authorize or extend payment arrangements when they would not normally be authorized or ex-tended;
H. 
To change the billing frequency and billing date.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)
The rates and fees imposed for utility services provided by the city will constitute a civil debt and liability owing to the city from the person(s) establishing or using utility services and are collectable in any manner provided by law.
(Ord. 920 § 2, 2013; Ord. 1012 § 1, 2019)