This chapter applies only to landlords who charge residential
tenants for water and/or sewer services separately from the monthly
rent.
(Ord. 800 § 2, 2017)
As used in this chapter, "landlord" means the owner, lessor,
sublessor or property manager of residential real property including,
but not limited to, dwelling units, rooms, mobilehome spaces, recreational
vehicle spaces or any other residential real property occupied by
residential tenants for any period of time.
As used in this chapter, "tenant(s)" means all persons who
occupy dwelling units, rooms, or residential real property for any
period of time. "Tenant(s)" includes lessees, boarders, lodgers, and
individuals who occupy recreational vehicle and mobilehome spaces,
and others.
(Ord. 800 § 2, 2017)
Where the city is providing water and sewer services to a landlord,
the landlord is prohibited from charging tenants more than the amount
the city is charging the landlord for water and/or sewer service.
(Ord. 800 § 2, 2017)
Whenever city water service is provided through a master meter
to tenants of a mobilehome park, RV park, apartment building, or similar
residential complex, the landlord shall charge the tenants proportionately
pursuant to a fair and consistent method for water and sewer services.
The total bill for all tenants may not exceed the amount the city
charged the landlord for those services. Where tenants' usage is monitored
by submeters, the bill must be based on each unit's actual usage and
may not exceed the amount the city charged the landlord for those
services.
(Ord. 800 § 2, 2017)
Every landlord that provides city water service through a master
meter must provide an itemized billing of charges for water or sewer,
or both, to each individual tenant which includes, at a minimum, the
following information: the opening and closing readings for the master
meter, identification of all applicable rates and quantities, and
the method of computation for the tenant. The landlord must also post,
in a conspicuous place, the applicable specific current water and
sewer rate schedules, as published by the city.
(Ord. 800 § 2, 2017)
Upon proof of tenancy, a tenant who is charged separately from
his or her monthly rent for water and/or sewer services may request,
and the city shall provide, a copy of any monthly bill for water and/or
sewer service for the property at which the requester is a tenant.
(Ord. 800 § 2, 2017)
A separate violation exists for each bill for water and/or sewer
services that is issued to a tenant by a landlord in violation of
this chapter.
(Ord. 800 § 2, 2017)
Any tenant aggrieved by his or her landlord's noncompliance
with this chapter may bring an action against the landlord for damages,
injunctive and/or declaratory relief, as appropriate, in a court of
competent jurisdiction. In addition to damages, the court may award
to the aggrieved tenant a civil penalty not to exceed five hundred
dollars for each violation. These remedies are in addition to any
other legal or equitable remedies the aggrieved tenant may have and
are not intended to be exclusive.
(Ord. 800 § 2, 2017)
