The City Council shall, by resolution or ordinance, adopt regulations for the management, control and use of the City water system and rates to be charged for water and services furnished to consumers.
(Prior code § 9-700)
A. 
Except as otherwise provided in this title, in areas in which the City provides water service it shall be mandatory for all owners, or occupants or persons in possession, charge or control of all dwellings, buildings, places and premises in the City that are connected to the City's water system to subscribe to and pay for water services provided to their respective property by the City.
B. 
Service Pipes.
1. 
No person whose water service pipe is attached directly or indirectly to a public water main shall allow any person to attach any pipe or hose connection to the plumbing on his or her lot or parcel for the purpose of providing water service to any other lot or parcel, except to provide irrigation for a community garden in accordance with Section 16.240.020.
2. 
No person shall receive water service on a lot or parcel by means of a pipe or hose connection to the plumbing on a different lot or parcel that is attached directly or indirectly to a public water main, except to provide irrigation for a community garden in accordance with Section 16.240.020.
3. 
The department may order the disconnection of any pipe or hose connection in violation of this section, or the department may disconnect the pipe or hose connection.
C. 
The Municipal Utilities Director, or designee, may authorize lots or parcels utilized for a community garden, as defined in Section 16.240.020 of this code, to use the existing water service connection of an adjoining lot or parcel to provide irrigation for the community garden if the owner of the adjoining lot or parcel consents to such use, provided that:
1. 
A backflow prevention device is installed and periodically tested in accordance with such requirements as may be specified by the director to protect the potable water supply of the City and of the adjoining lot or parcel served by the existing water service connection; and
2. 
A water meter is installed on the existing water service connection. The owner of the adjoining lot or parcel served by the existing water service connection shall notify the Director prior to the initiation of any such use, and shall be liable for all rates, charges, and fees for the water service furnished to the existing water service connection used to provide irrigation for the community garden.
(Ord. 2019-02-05-1403 C.S. § 7; Ord. 2019-11-05-1403-02 C.S. § 8; Ord. 2020-09-15-1501 C.S. § 6)
A. 
All accounts for City water services shall be established by and held in the name of the record owner of any property where water services are provided by the City.
B. 
At the time application for water service is requested, and at the Chief Financial Officer's sole discretion, the applicant shall provide proof of ownership of the property to be served.
C. 
The record owner of a property receiving City water services shall be fully responsible and liable for the payment of all water service charges, any delinquent water service charges, and any penalties applicable to his or her property.
D. 
The Chief Financial Officer may, in the Chief Financial Officer's sole discretion, send the bill for water services to a tenant or any other person or entity designated by the record owner, provided the record owner or his or her authorized representative submits to the City a complete and signed request to bill the tenant or other designated person or entity on such form as may be specified by the Chief Financial Officer.
E. 
If, in accordance with subsection D of this section, a bill is sent to a person or entity other than the record owner, then the service account shall remain in the record owner's name and the record owner shall be fully responsible and liable for the payment of any water service charges, any delinquent water service charges, and penalties applicable to his or her property as if the bill had been sent to the record owner.
F. 
Billing and collection procedures for City water services, including the billing cycle, whether monthly, quarterly, or otherwise, will be determined by the Chief Financial Officer with concurrence of the City Manager. Notification of billing changes shall be provided to the record owner of any property where City water services are provided and any tenant or designated person or entity authorized to receive a bill for water service charges pursuant to subsection D of this section.
(Prior code § 9-701; Ord. 019-02-05-1403 C.S. § 8; Ord. 2019-11-05-1403-02 C.S. § 9)
An account shall be deemed delinquent 25 days after the billing date if the bill has not been paid in full for the period for which service has been rendered. In order for an account to be considered paid, the payment must have been received by the City on or before the 25th day following the billing date. A postmark date is not considered proof of payment.
(Prior code § 9-701.2)
When accounts are delinquent, the City may disconnect service until such time as all charges and penalties, including the cost of disconnection and reconnection, have been paid. No service address shall receive water service until such time as all delinquent charges have been paid.
(Prior code § 9-702)
A. 
Where all or any part of any bill for a City water service account remains unpaid 25 days after the billing date, a basic penalty of 10 percent of the total delinquent amount will be added to such bill for the first month the account is delinquent. In addition, the City may impose a penalty in an amount not to exceed 1% per month for nonpayment of any City water service charges and any basic penalty. A postmark date is not considered proof of payment.
B. 
Except as otherwise provided by law, if a bill for City water service charges remains unpaid more than 30 60 days after the date of billing, City water service at the service location may be terminated.
1. 
City water service will not be restored until the amount of all delinquent water service charges, associated service charges, penalties, deposits, and reconnection charges have been paid in full.
2. 
Prior to termination of water service, the Chief Financial Officer, in the Chief Financial Officer's sole discretion, may authorize an amortization agreement pursuant to Section 779 or 10010 of the Public Utilities Code or other applicable statute or regulation.
(Prior code § 9-702.1; Ord. 2019-02-05-1403 C.S. § 9; Ord. 2020-01-14-1102 C.S. § 3)
A. 
The City shall include a statement in each bill for City water service charges that if the bill is not paid within 25 days of the billing date, the record owner may be responsible for penalties and interest.
B. 
The City shall include a statement in each bill for City water service charges to each record owner in substantially the following form:
"Water service charges and any penalties shall constitute a lien against the lot or parcel of land against which the charges and any penalties are imposed if the charges remain delinquent for 60 or more days."
Pursuant to such notice, the water service charges and penalties may become a lien against the lot or parcel of land against which the charges were imposed if such charges remain delinquent for a period of 60 or more days. The City shall cause to be recorded with the County Recorder all such delinquent water charges and any penalties, and when so recorded such charges and penalties shall have the force, effect and priority of a judgment lien and continue for 10 years from the time of recording unless sooner released or otherwise discharged.
(Prior code § 9-703; Ord. 2019-02-05-1403 C.S. § 10; Ord. 2019-11-05-1403-02 C.S. § 10)
The City may elect as a procedure for the collection of delinquent charges or other assessed charges for water service imposed by the provisions of the City Municipal Code, resolutions or ordinances, to have all such delinquent charges for each fiscal year collected on the tax roll.
(Prior code § 9-704)
All City officers, employees, and agents having duties relating to the collection of delinquent water bills shall take all prompt and reasonable actions for the collection of such charges and penalties, including resort to all remedies provided by law, in addition to the lien assessment provided for herein.
(Prior code § 9-705)
The Director of Finance of the City is hereby directed to prepare and file with the City Clerk on or before the fifth day of July of each year or such other dates as the City Council may specify by resolution, a written report containing a description of each and every parcel or real property upon which a delinquency charge is pending for receiving water service and the amount of the delinquency charge for each parcel computed in conformity with the charges prescribed by the provisions of the code.
(Prior code § 9-705.1)
It is unlawful for any person, firm or corporation not authorized by the City, to do, commit or assist in committing any of the following things or acts:
A. 
To open or close any fire hydrant or stopcock connected with the water system of the City, or lift or remove the cover of any gate, valve or shutoffs thereof.
B. 
To interfere with, destroy, deface, injure or force open any gate or door, or destroy, injure or deface any part of any engine house, reservoir, standpipe, tank, building, appurtenances, fences, trees, shrubs, fixtures or property pertaining to the water system.
C. 
To go upon or ascend the stairway or steps of any elevated water storage tank, reservoir, or standpipe of the water system.
D. 
To resort to any fraudulent device or arrangement for the purpose of procuring water for himself or herself or others from private connections on premises contrary to the City regulations or ordinances.
E. 
To interfere with or injure any reservoir, tank, fountain, hydrant, pipe, cock, valve, or other apparatus pertaining to the water system, or to turn on or off the water in any street hydrant or other public water fixture.
F. 
To make or permit to be made any connection with the main or service pipes of the water system, or to turn on or use the water of said system without first obtaining a permit therefor.
G. 
To cover or conceal from view any water valve box, service or meter box.
H. 
To remove any water meter that has been placed by the City, or to in any manner change, interfere with or tamper with any water meter.
I. 
To turn on the water supply to any building or to any supply pipe where the supply has been turned off because of the nonpayment of any charge or because of the violation of any rule, regulation or ordinance of the City.
(Prior code § 9-706)
The Director of Finance or a designated appointee is authorized by these provisions to declare that delinquency charges and penalties of water accounts, as set forth in the Report of Delinquent Accounts by the Director of Finance, when recorded shall, after notice and hearing provided herein, be collected on the tax roll, together with an administrative fee of $20.00.
A. 
The City Clerk shall cause notice of the filing of said report and of the time and place of hearing thereon to be published, prior to the date for the hearing, in a newspaper of general circulation printed and published within the City. Said publication of said notice shall be once a week for two consecutive weeks. Two publications in the newspaper published once a week or more with at least five days intervening between the respective publication dates not counting such publication dates are sufficient. The period of notice commences on the first day of publication and termination at the end of the fourteenth day, including therein the first day.
B. 
At the time stated in the above mentioned notice the Director of Finance or a designated appointee, shall hear and consider all objections and protests, if any to said report referred to in said notice, and may continue the hearing from time to time.
C. 
Upon the conclusion of the hearing, the Director may adopt, revise, change, reduce or modify any charge or charges or overrule any or all objections and shall make a determination upon charge or charges as described in said report.
(Prior code § 9-707)
A. 
On or before the 10th day of August of each year following such final determination, the City Clerk shall file with the Department of Finance a copy of said report with a statement endorsed thereon over the Director of Finance's signature, that it has been finally adopted by the Director. The Director of Finance shall thereupon cause said charge together with additional charges for administrative expenses (as determined by City Council Resolution) to be placed on the property tax roll and collected by the County of San Joaquin for the City as hereinafter provided. The County Tax Collector shall enter the amount of all charges against the respective lot or parcel of land as they appear on the current assessment roll. Any such parcel outside the boundaries of the City shall be added to the assessment roll of the City for the purpose of collecting such charge. If the property is not described in the roll, the County Tax Collector may enter the description thereon, together with the amount of charges as shown on the report.
B. 
The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except to those for State, County, and municipal taxes with which it shall be on parity. The lien shall continue until the assessment and all penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessment.
C. 
The Tax Collector may at Collector's discretion issue separate bills for such charges and separate receipts for the collection and accounting of said charges. The County of San Joaquin shall be compensated for services rendered in connection with the levy, collection and enforcement of such charges in an amount to be fixed by agreement between the Board of Supervisors of San Joaquin County and the City Council of the City.
(Prior code § 9-708)
Upon confirmation of the report by the Director of Finance, the delinquent charges contained therein shall constitute a special assessment against the property to which the services were rendered. Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and same procedures of sale as provided for delinquent, ordinary municipal taxes.
(Prior code § 9-709)
A. 
The Director of Finance with the approval of the City Attorney may adjust or refund such charges that are deemed to be inequitable in the presentation of any amount billed, penalty charges under extenuating circumstances, cancellation of duplicate billings, refund of duplicate payments and refunds of amounts due to customers on closed accounts. Refunds on closed accounts of $5.00 or less will not be made unless a specific request is received from the party to whom the refund is to be made.
B. 
The Director of Finance with the approval of the City Attorney may cancel all closed accounts with a balance due the City of $10.00 or less.
(Prior code § 9-709.1)
The Director of Municipal Utilities may make such adjustments as are deemed necessary. All adjustments will require a specific request by the customer for whom the adjustment is being made and such adjustments shall be approved by the Director of Municipal Utilities, and forwarded in writing to the Director of Finance for processing. All adjustments may be credited to customer's account or refunded directly to the customer upon request by the customer. All direct refunds shall require the approvals of the Director of Municipal Utilities, City Attorney and the Director of Finance.
(Prior code § 9-709.2)
The Director of Finance is in charge of maintaining adequate records of bills tendered, payments received, delinquencies recorded, cash deposited and charges incurred. The Finance Director shall maintain all required records in accordance with sound accounting principles to depict the status of all accounts and a record of all receipts and disbursements. Original records to support each payment made shall be retained for six months after which they may be destroyed provided a microfilm record is substituted. Provided the microfilm record is not maintained, original records of receipts and disbursements must be retained for three years.
(Prior code § 9-709.3)
A. 
The Tax Collector shall include the amount of the charges on bills for taxes levied against the respective lots or parcels of lands. Thereafter the amount of charges shall be collected for the City, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties, as provided in the collection of general taxes.
B. 
All laws applicable to levy collection and enforcement of the general taxes of the City including, but not limited to those pertaining to matters of delinquency, collection, cancellation, refund or redemption, are applicable to such charges.
(Prior code § 9-709.4)
If any premises connected to the City Water System are omitted from the above-mentioned report or said tax roll, either because the charge thereof shall not have yet been ascertained by the City as of the date of said report or for any other reason, the water service charge for such premises shall be collected in the manner provided elsewhere in this Division.
(Prior code § 9-709.5)
A. 
No facility of the City water system or water service will be furnished to any property or person free of charge.
B. 
The record owner of any property where water services are provided by the City is and shall be responsible for the payment of any and all water service charges, any delinquent water service charges, and any penalties applicable to the customer's account.
C. 
It shall be and is hereby made the duty of each record owner of any property where water services are provided by the City to ascertain from the City Administrative Services Department or its authorized agent for billing and collection the amount of any water service charges, any delinquent water service charges, and any penalties applicable to his or her account and to pay such charges and penalties when due and payable.
D. 
The record owner of any property where water services are provided by the City is obligated to inform the City's Administrative Services Department or its authorized agent for billing and collection immediately of all circumstances and of any change(s) in any circumstance which will in any way affect the applicability of any water service charges or the amount of any such charges that may be imposed on the record owner's property for water services provided. In particular, but not by way of limitation, the record owner of any property where water services are provided by the City shall immediately inform the City's Administrative Services Department or its authorized agent for billing and collection of any sale or transfer of any such property.
(Prior code § 9-709.6; Ord. 2019-02-05-1403 C.S. § 11; Ord. 2019-11-05-1403-02 C.S. § 11)
Any person dissatisfied with any action taken or any decision made by the Director or designee with regard to the provisions of this chapter may appeal pursuant to the provisions of Chapter 1.44 of this code.
(Prior code § 9-709.67; Ord. 2019-11-05-1403-02 C.S. § 12)