Water service, once established pursuant to Chapter 11.08 or 11.36, shall be terminated only for the reasons and in the manner set forth in this chapter. However, anyone using district water other than through such an established water service shall be subject to termination of such use forthwith and without notice. Such illegal water use will result in administrative fees being incurred for the investigation and actual termination of the use, and these fees will be due and payable by the consumer within ten days of billing.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
The following shall be grounds for termination of a consumer's
water service:
(1)
Nonpayment of any deposit, a water bill and/or water rates fees and
charges more than 60 days delinquent, or other sum due the district
from the consumer with respect to any water service to the property;
(2)
Failure of the consumer or applicant to provide information for aid
in the development of, or execution of the necessary documents for
a water budget;
(3)
Failure of the consumer to comply with any district rule or regulation
with respect to the service proposed to be terminated; and
(4)
Failure of the consumer to comply with any watershed protection agreement
or other contract entered into as a condition of the granting of the
service proposed to be terminated.
(Ord. 176 §1, 1978; Ord. 236 §2, 1983; Ord. 251 §3, 1985; Ord. 314 §2, 1990; Ord. 443 §2, 2019)
(1)
Notice of Consumer of Termination Service. At least seven business
days before the termination of water service, the District shall send
by first class mail to the consumer, at the billing address furnished
to the District, a written notice of payment delinquency and impending
termination of water service. If the consumer's billing address and
service address are different, the District shall also send that notice,
by first class mail, to the service address directed to "Occupant."
For consumers receiving mail delivery to post office boxes, the District
shall deliver the notice directed to "Occupant" at the service location.
The notice shall include the following information:
(a)
The consumer's name and address;
(b)
The location of the water service to be terminated;
(c)
The reasons for termination, including the amount of any delinquency;
(d)
The date by which a payment or arrangement for payment is required
to avoid termination of service or compliance must be instituted with
a specified District rule or regulation;
(e)
A description of the process to apply for an extension of time to
pay the delinquent charges;
(f)
A description of the procedure by which the consumer may request
a deferred, reduced or alternative payment schedule, including an
amortization of delinquent residential service charges and the telephone
number of a representative of the District who can provide additional
information and discuss options to avert the termination of water
service.
(g)
In the case of termination of service to residential tenants/occupants
of a multi-unit residential structure, a detached single-family dwelling,
mobile home park or farm labor camp, where the owner, manager or operator
is listed by the District as the consumer of record, a copy of the
written notice required by Health and Safety Code Section 116916 and
any successor statute shall be provided to the residential occupants
at least ten days before terminating water service for nonpayment
advising them of their right to become consumers under that statute.
(h)
A description of the procedure to petition for bill review and appeal:
(i)
The consumer shall contact the District's Customer Service Department
to discuss and/or dispute the bill, request amortization of any unpaid
charges, show good cause why water service should not be terminated,
present any complaint, or request an investigation regarding his/her
service or charges. If the District's Customer Service Department
fails to resolve the dispute then the consumer may follow the steps
outlined in (ii) and (iii) below,
(ii)
Regarding termination of water service for nonpayment of a water
bill and or water rates, fees and charges, the consumer has the a
right to a hearing before the District's Treasurer or designee before
termination of water service. At that hearing the consumer may discuss
and/or dispute the bill, request amortization of any unpaid charges,
show good cause why water service should not be terminated, present
any complaint, or request an investigation regarding his/her service
or the charges therefor, if a written request for such hearing is
delivered to the District's Customer Service Department at least two
business days before the termination date contained in any written
notice, and
(iii)
In the case of water service termination for any other reason,
the consumer has a right to a hearing before water service is terminated
if a written request therefor is delivered to the District at least
seven days before the termination date;
(i)
If any notice specified in this Section 11.28.030 is returned to the District and marked undeliverable by the United States Postal Service, the District shall attempt to contact the consumer by telephone at the consumer provided telephone number for billing purposes. If the consumer cannot be reached by telephone or the District is unable to leave a voice message, the District shall visit the location of the property served and leave a notice of payment delinquency and impending termination and a copy of the District's written policy regarding the termination of water service. A $30 trip fee will be assessed on the consumer's account.
(2)
Termination of Service for Non-Payment Prohibited, Conditions (Low
Income and Serious Health Risk) and Options Offered to Consumers.
(a)
The District shall not terminate water service if a primary care
provider, as defined by Welfare and Institutions Code Section 14088(b)(1)(A),
including, but not limited to, General Practitioner, Obstetrician/Gynecologist,
Pediatrician, Family Practice Physician, Primary Care Clinic, Hospital,
or Outpatient Clinic, certifies that the termination of water service
will be life threatening to, or pose a serious threat to the health
and safety of, a resident of the premises where the water service
is provided; and
(b)
The consumer or a tenant of the consumer demonstrates that he or
she is financially unable to pay pursuant to the criteria set forth
in Health and Safety Code Section 116910(a)(2); and
(c)
The consumer agrees to enter into an alternative, deferred, reduced
or amortized payment plan for the unpaid balance over a reasonable
period of time not to exceed 12 months.
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If the consumer fails to enter into an alternative, deferred,
reduced or amortized payment plan or fails to make timely payments
on those plans or current charges, his or her service can be terminated
if the account is delinquent for 60 days or more.
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(Ord. 176 §1, 1978; Ord. 221 §6, 1981; Ord. 258 §1, 1986; Ord. 314 §2, 1990; Ord. 341 §2, 1992; Ord. 360 §2,
1994; Ord. 372 §1, 1996; Ord. 443 §3, 2019)
If the District receives a timely written request for a pre-termination appeal hearing in accordance with Section 11.28.030(1)(h)(ii) or (1)(h)(iii), the District shall set a hearing date. Upon the setting of the hearing, the District shall forthwith give written notice of the time and place thereof to the consumer by first class mail, email or personal delivery. Pending a decision by the hearing officer, water service shall not be terminated.
(Ord. 176 §1, 1978; Ord. 221 §7, 1981; Ord. 236 §3, 1983; Ord. 314 §2, 1990; Ord. 372 §2, 1996; Ord. 443 §4,
2019)
The pre-termination appeal hearing shall be held before a hearing officer who shall be the Treasurer or designee, or in the case of pre-termination appeal hearings for violation of Chapter 11.14 entitled "Cross Connections" a hearing board selected by the Treasurer. The consumer or his/her representative may make a complaint or request an investigation concerning service or charges, and may present witnesses, documents or other evidence at such hearing to show good cause why the water service should not be terminated. The hearing shall include consideration of whether the consumer would be permitted to amortize any unpaid account balance over a reasonable time period not to exceed 12 months. The hearing officer may also examine District records, documents, witnesses or other evidence tending to show that the water service should be terminated for one or more of the grounds stated in Section 11.28.020.
(Ord. 176 §1, 1978; Ord. 236 §4, 1983; Ord. 258 §2, 1986; Ord. 314 §2, 1990; Ord. 443 §5, 2019)
The hearing officer shall render a written decision whether
service will be terminated and specifying the reasons for his/her
decision. The hearing officer may attach any reasonable conditions
to his/her decision. The hearing officer's decision shall be forthwith
transmitted to the consumer by first class mail, email or personal
delivery. If the decision is to terminate service, the decision shall
state the date on or after which the service will be terminated, which
date shall be not earlier than seven business days after mailing or
delivery of the decision, nor earlier than the termination date specified
in the original notice of termination. If the decision is to permit
continued service on the condition that the consumer pays the unpaid
account balance pursuant to an alternative, deferred, reduced or amortized
payment plan, then such consumer's service may not be terminated if
he or she is in compliance with the agreement and is not delinquent
in payment of any subsequent bill for water service. If the consumer
fails to comply with an alternative, deferred, reduced or amortized
payment plan, his or her service may be terminated without the right
to further hearing upon posting a final notice of intent to disconnect
service in a prominent and conspicuous location at the location of
the property served by the District at least five business days prior
to termination.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990; Ord. 372 §3 1996; Ord. 443 §6, 2019)
An adverse decision by the hearing officer may be appealed to
the District's General Manager by providing written notice of the
appeal to the General Manager at 220 Nellen Avenue, Corte Madera,
CA 94925 within seven business days after the date of the hearing
officer's written decision. The General Manager's decision shall be
final as to the District but subject to judicial review under Code
of Civil Procedure Section 1094.5. In making the decision, the General
Manager may take into account a consumer's extenuating personal circumstances,
including, but not limited to, existing emergency medical concerns.
(Ord. 372 §5, 1996; Ord. 443 §7, 2019)
Termination of water service may be made, after the notice specified in Section 11.28.030 is given and the required time has elapsed, at any time when the District's business office is open to the public, but shall not be made on a Saturday, Sunday or legal holiday.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990; Ord. 372 §4, 1996; Ord. 443 §8, 2019)
Notwithstanding the foregoing, emergency termination of any
water service may be made at any time with or without notice if, in
the opinion of the District, continued service would create or continue
a condition hazardous to the health or safety of the consumer or the
public. Water service shall be restored after an emergency termination
as soon as such hazardous condition or threat thereof is eliminated.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
