A. 
Installation.
1. 
All services shall be metered. A sum of money as set forth in the rate schedule shall be deposited with the city prior to installation of the meter facilities to pay all of the cost of said installation when said installation is made at the request of the customer. The service connection, whether located on public or private property, is the property of the city unless specifically otherwise provided, and the city reserves the right to repair, replace and maintain it, as well as to remove it, upon discontinuance of service.
2. 
Meters will be installed at the curb or within the public right-of-way or easement, and shall be owned by the city and installed and removed at its expense after payment of the charges established therefor. No rent or other charge will be paid by the city for a meter or other facilities, including housing and connections, located on a customer's premises. All meters will be sealed by the city at the time of installation, and no seal shall be altered or broken except as otherwise permitted by the city.
B. 
Change in Location. No meter may be moved without the prior written approval of the city. Meters moved for the convenience of the customer will be relocated at the customer's expense. Meters moved to protect the city's property will be moved at its expense. If the lateral distance which the customer desires to have the meter moved exceeds eight feet, the customer will be required to pay for and install a new service connected directly to the main in a straight line at the desired location.
C. 
Meter Reading. Meters will be read as nearly as possible on the same day monthly, with billing periods containing approximately 30 days.
D. 
Meter Tests—Errors.
1. 
Tests—Deposit. All meters will be factory tested prior to installation and no meter will be installed which registers more than two percent fast. If a customer desires to have the meter serving his or her premises tested, the customer shall first deposit with the city a test fee in an amount established by resolution of city council. Should the meter register more than two percent fast, the fee will be refunded; but should the meter register less than two percent fast, the test fee will be retained by the city.
2. 
Adjustment for Meter Errors.
a. 
Fast Meters. If a meter tested at the request of a customer pursuant to subsection (D)(1) of this section is found to be more than 2% fast, the excess charges for the time service was rendered to the customer or for a period of six months, whichever shall be less, shall be refunded to the customer.
b. 
Slow Meters. If a meter tested at the request of a customer pursuant to subsection (D)(1) of this section is found to be more than 25% slow in the case of domestic service, or more than 5% slow for other than domestic service, the city may bill the customer for the amount of the undercharge based upon corrected meter readings for the period, not exceeding six months, that the meter was in use.
3. 
Nonregistering Meters. If a meter is found to be not registering, the charges for service shall be at the minimum monthly rate or based on the estimated consumption, whichever is greater. Such estimates shall be made from previous consumption for a comparable period or by such other method as determined by the city inspector whose decision shall be final.
(Ord. 16-318, 2016; Ord. 23-0373, § 39)
A sum of money as set forth in the rate schedule, in effect at the time of application, shall be deposited with the city prior to installation of the meter facilities to pay all of the cost of said installation.
(Ord. 16-318, 2016)
A. 
Schedule of Fees.
1. 
Metered domestic and commercial water service rates shall be established by city council resolution. Monthly fixed charges shall be based on the size of the metered connection and its rated flow as follows:
a. 
Meter Size and Rated Flow.
Meter Size (Diameter)
Rated Flow (gpm)1
Ratio to 5/8″ x 3/4″ Meter
5/8″ x 3/4″
20
1.0
3/4″
30
1.5
1″
50
2.5
1-1/2″
100
5.0
2″
160
8.0
3″
320
16.0
4″
450
22.5
6″
1,000
50.0
8″
1,600
80.0
Note.
1.
Gallons per minute.
 
b.
Quantity Charge. In addition to the monthly base rate charge, a monthly quantity charge shall be applied to each user. The charge shall be set by city council resolution. Outside users will be charged 150% of quantity charges for inside city users.
 
c.
Water System Capital Facilities Charge. The charges shall be established by city council resolution and shall be based on the following meter classes:
Meter Class (Diameter)
Equivalency Factor
Maximum Continuous Flow (gpm)
Equivalency to Base Meter Size
5/8″ x 3/4″
10
1.00
3/4″
15
1.50
1″
25
2.50
1-1/2″
50
5.00
2″
80
8.00
3″
160
16.00
4″
250
25.00
6″
500
50.00
Should any previously connected structure be converted to a property use which demands a larger water meter than that property use which was in existence at the time of its connection to the water system, there shall be imposed at the time of such conversion the charges equal to those established by city council resolution for that revised meter class.
B. 
Private Fire Protection System Standby Charges. In addition to all other charges imposed by the city, there shall be imposed and collected with respect to each private fire protection service connection, a monthly standby charge per inch of service as set by city council resolution.
C. 
Temporary Water Service and Bulk Water Sales Rates.
1. 
There shall be imposed and collected with respect to each temporary water service, the following, amounts of which will be set by city council resolution: (a) basic charge per connection, for installation and removal of service facilities, including meter; (b) each additional move of facilities to another location; and (c) metered water consumption, per 100 cubic feet of water consumed.
2. 
There shall be imposed and collected bulk water sales charges for the following, the amounts of which will be set by city council resolution: (a) tankers up to 2,500 gallons; and (b) tankers in excess of 2,500 gallons, per each 2,500 gallons of capacity or fraction thereof.
(Ord. 16-318, 2016)
A. 
Billing Period. The regular billing period will be monthly, and only one statement covering water and sewer service charges shall be rendered for each account.
B. 
Opening and Closing Statements. Opening and closing statements for less than the normal billing period shall be prorated. If the total period for which service is rendered is less than one month, the bill shall not be less than the monthly base charge plus whatever usage has been metered for that location. For purposes of expediency, closing bills may be estimated for the final period to permit the customer to pay the closing bill at the time service is discontinued.
C. 
Payment of Bills. Statements for service shall be rendered at the end of each billing period. Statements shall be payable upon presentation. On each statement rendered by the city shall be printed the following:
If this statement is not paid on or before the 25th day of the month following the month service rendered, service may be discontinued. A reconnection charge and penalties will be made and collected prior to renewing service following discontinuance.
D. 
Billing of Separate Meters Not Combined. Separate bills will be rendered for each service connection or meter installation except where the city has, for its own convenience, installed two or more meters in place of one meter. Where such installations are made, the meter readings will be combined for billing purposes.
(Ord. 16-318, 2016; Ord. No. 24-0375, 6/10/2024)
A. 
Disconnection for Nonpayment.
1. 
Residential Services. The city council shall adopt a residential water discontinuation policy by resolution to comply with and implement the Water Shutoff Protection Act (Health and Safety Code Section 116902 et seq.) and Public Utilities Code Sections 10010 and 10010.1. The city may discontinue residential water service for delinquent payment but only in the manner set forth in the city's residential water discontinuation policy.
2. 
Nonresidential Services. The city may discontinue nonresidential water service in accordance with this subsection.
a. 
The city may discontinue nonresidential water service for nonpayment of statements 60 days after the 25th day of the month following the month during which the statement was sent. At least seven days prior to such discontinuance, the nonresidential customer will be contacted by either a phone call and/or a final written notice informing them that discontinuance will be enforced if payment is not made within the time specified in said notice. The failure of the nonresidential customer to receive any of the said notices shall not affect the city's power hereunder. A nonresidential customer's water service may be discontinued if water service furnished to that nonresidential customer at a previous location is not paid for within the time herein fixed for the payment of statements. If a nonresidential customer receives water service at more than one location and the bill for service at any one location is not paid within the time provided for payment, water service at all locations may be turned off. Residential service, however, will not be turned off for nonpayment of statements for nonresidential service.
b. 
Utility Bill Appeal and Alternative and Deferred Payment Plans.
i. 
Utility Bill Appeal. Utility bills may be appealed by filling out a utility bill appeal form available on the city of Solvang website at www.cityofsolvang.com or in person at City Hall at 1644 Oak Street. Water will not be shut off while a utility bill appeal is pending.
ii. 
Alternative Payment Plans. Utility customers may be granted an alternative payment plan, where the past due balance is extended no more than 20 calendar days out with no additional fees to the customer. A customer may receive no more than three alternative payment plans a calendar year.
iii. 
Deferred Payment Plan. The city may offer a one-time per calendar year deferred payment plan where the past due balance is amortized over a period not to exceed 12 months in duration.
iv. 
Customers may be allowed a penalty waiver of late fees not to exceed one time per calendar year.
B. 
Disconnection and Reconnection Charges.
1. 
Disconnection Charge. A disconnection charge shall be assessed as soon as city personnel leave city offices to initiate a disconnection of service for nonpayment. The disconnection charge shall be in an amount established by resolution of city council.
2. 
Reconnection. Disconnection charges, any delinquent charges and applicable penalties shall be imposed and collected prior to reconnection of water service following discontinuance of service for nonpayment of city fees and charges. Following payment of all fees and charges, including the disconnection charge, any delinquent fees and charges, and any applicable penalties, the city shall reconnect water service on the next business day or as soon thereafter as reasonably possible.
a. 
Charge for After-Hours Reconnection. Upon request by a customer and payment of the after-hours reconnection fee, the city may at the city's sole discretion reconnect water service outside of normal business hours (8:00 a.m. to 4:00 p.m. Monday through Friday, except holidays). The after-hours reconnection fee shall be in an amount to be determined by resolution of city council.
b. 
Charges for Reconnection of Certain Residential Customers. A residential customer who demonstrates a household income below 200% of the federal poverty line adjusted for household size shall be charged a reconnection fee and after-hours reconnection fee in amount set by city council and consistent with Health and Safety Code section 116914. Demonstration of a household income below 200% of the federal poverty line shall be in accordance with Health and Safety Code section 116914.
3. 
Charge for Returned Checks. A charge, in an amount to be determined by resolution of the city council, shall be imposed for checks returned by the bank for any reason. If a check given to avoid discontinuation of service is returned by the bank or any reason, an additional disconnection charge, in an amount to be determined by resolution of city council, shall be assessed as soon as city personnel leave city offices to initiate a disconnection of service for nonpayment as a result of such returned check. The city reserves the right to require payment in the form of cash or its equivalent.
C. 
Prohibited Acts and Conditions. Water services may be refused or discontinued to any premises, both residential and nonresidential, for the following acts or conditions:
1. 
Unsafe Apparatus. Where apparatus or appliances are in use which might endanger or disturb the service to other customers.
2. 
Cross Connections. Where there exists a cross connection in violation of state or federal laws, and/or where backflow prevention is determined necessary by the city inspector to protect the public health and safety.
3. 
Fraud or Abuse. To protect the city against fraud or abuse.
4. 
Noncompliance with Regulations. For noncompliance with this code or any other regulation related to the water service.
D. 
Vacation of Premises. Any customer desiring to discontinue service should so notify the city two working days prior to vacating the premises. Unless discontinuance of service is ordered, the customer shall be liable for charges whether or not any water is used.
E. 
Short-Term Disconnection. Upon notification to the city, short-term disconnections will be made where the time involved is greater than 45 consecutive calendar days.
(Ord. 16-318, 2016; Ord. 19-0342, 2019; Ord. 23-0373, § 40; Ord. No. 24-0375, 6/10/2024)
All users of the water system shall be deemed to have contracted with the city for the services of such system and to have agreed to comply with all the regulations of the city in regard thereto. No payment of water charges shall be accepted without payment of the sewer service charges. The city shall discontinue water service to any premises for which the sewer service charges are in arrears and any such discontinuance of water service shall be in accordance with section 9-3C-5.
A. 
Service to Premises.
1. 
Using Both Sewer and Water. When premises are served by the city water system, sewer service charges shall be collected together with and not separately from the charges for water services rendered by the city, and all sewer and water charges shall be billed upon the same bill to the account established pursuant to section 9-3A1-1 and collected as one item. If all or any part of the bill is not paid, the city may discontinue sewer services for which the bill was rendered. The city may also discontinue water services pursuant to section 9-3C-5.
2. 
Using Only Sewer. Where the user of the sewer system is not a user of the city water system, they shall be billed separately for sewer service charges.
B. 
Penalty on Delinquency. All bills not paid on or before the 25th day of the month following the month service is rendered shall be delinquent, unless the 25th falls on a Saturday, Sunday, or holiday the payment would be due by 5:00 p.m. the next business day, and a penalty of 10% of the bill or amount due may be collected as a part of the principal amount thereof.
C. 
Nuisance During Disconnection. During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the city council shall cause proceedings to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such an event, and as a condition of reconnection, there is to be paid to the city a reasonable attorney fee and costs of suit arising in said action.
D. 
Enforcement and Remedies.
1. 
Disconnection. The procedure for disconnecting delinquent premises, as set out in section 9-3C-5 of this article, is established as a means of enforcement of collection of said charges, and not as a penalty.
2. 
Tax Bill Collection. In case any such charges remain unpaid at the time specified for fixing the tax rate of the city, if the property is owned, controlled or in the possession of the same person who owned, controlled or was in possession of it during the time such charges were incurred, or if the only transfers made of the property since the date such charges were incurred have been transfers by gifts, descent, or devise, the amount due for such charges may be added to and become a part of the annual taxes levied against the land served by the city facilities. Such charges so added constitute a lien on said land. If the taxes are divided and made payable in two installments, the unpaid charges may be added to and become a part of the first installment. The city council shall include in the statement of tax rate transmitted to the tax authorities the amount of such charges to be levied against the land served, which amount shall be included in the tax bill.
3. 
Suit and Collections. All unpaid rates and charges and penalties herein provided may be collected by suit. Defendant shall pay all costs of suit, including attorney fees, in any judgment rendered in favor of the city. In any such action, the delinquent balances may also be processed through a collection agency.
4. 
All remedies included herein are cumulative to each other and to the remedies available under all laws of this state and this municipal code.
(Ord. 16-318, 2016; Ord. 19-0342, 2019; Ord. No. 24-0375, 6/10/2024)