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)
All water service charges shall be payable to the office of
the Director of Finance or a firm or agency designated to act on behalf
of the City.
(Prior code § 9-701.1)
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)
(Prior code § 9-709.8; Ord. 2019-11-05-1403-02 C.S. § 13)