A. 
The furnishing of water and wastewater service and the collection and disposal of garbage and rubbish, as provided for in this code, shall constitute municipal services, and shall be charged for as such.
B. 
For purposes of this chapter, "municipal service charge" shall include any charge for disposal of garbage and rubbish as well as any service charge and consumption charge for sewer and water service.
C. 
For purposes of this chapter, all residential, industrial and commercial establishments that are owned or occupied by lawful owners, residents or tenants and are occupied or otherwise lawfully used by an owner, resident or tenant shall receive municipal services unless granted an exemption by the city manager or designee. For purposes of this chapter, a consumer is the owner, tenant, resident, person, business or entity in whose name municipal service has been established.
D. 
Pursuant to the authority and subject to the requirements prescribed in Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code (commencing with Section 5470), as amended from time to time, commencing July 1, 2024 and until such time as this section is repealed, the sewer service charges for all parcels shall be levied as an annual charge in an amount determined in conformance with Section 10.08.020 of this code and collected for each fiscal year on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the city, provided, however, in any year the city council may by resolution provide for an alternative procedure for collection of the sewer service charge. For any fiscal year that all or a portion of the sewer service charge is not collected on the tax roll, the city may either: (1) collect all or a portion of the sewer service charge for such year on the tax roll in the following fiscal year or years; or (2) directly bill the user for such sewer service charge.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021; Ord. 1938 § 2, 2023)
The city council shall adopt rates or charges for municipal services, as needed, by resolution or ordinance. Fines, penalties, and fees for special services shall be adopted by a resolution of the city council.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021; Ord. 1932 § 2, 2022)
Every person on making application for municipal services shall make a service deposit to establish creditworthiness. A minimum deposit, not to exceed an amount equal to one year's charges for municipal services, shall be established by resolution. The city manager or designee shall adopt policies covering requirements for and waivers of security deposits for municipal services.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021)
It is unlawful for any person to fail or refuse to pay for any municipal service consumed or used, or any part thereof, as provided for in any resolution or ordinance fixing charges or fees as authorized in this code.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021)
A. 
Nonexclusivity of Remedies. The remedies provided herein shall be in addition to all other remedies authorized by law, and the enumeration of certain remedies shall not preclude the application of any other remedies not herein enumerated.
B. 
Late Bills and Penalty. Bills are due and payable on the date of presentation and shall become delinquent in accordance with dates stated on the billing, if not paid. The basic penalty for nonpayment of the bill shall be ten percent of the delinquent bill. A penalty of not more than one-half of one percent shall be assessed each month thereafter for nonpayment of the bill and the basic penalty.
C. 
Unbilled Services. Any person who uses municipal services, as provided for in this chapter, shall be liable to the city for any municipal service charge or fee authorized by this chapter regardless of whether the person received a bill from the city for such services. Any person who receives municipal services but does not receive regular bills from the city shall immediately contact the city's finance director. Any person who does not so comply shall be liable to the city for all unpaid municipal services consumed or used for the past three years, or for such longer period as may otherwise be authorized by law. Such liability shall attach regardless of whether the city has regularly billed the person, whether a municipal service account was established with the city, whether a water meter was in place, or whether the person was unknowingly using the service or consuming the commodity. For unbilled consumption of one year or more, repayment may, at the discretion of the city manager or designee, be repaid in an installment program over a reasonable period of time. During the period of repayment, a lien may be placed on the property.
D. 
Civil Debt. The charge imposed by this article shall be a civil debt owing to the city from the person responsible for its payment, and the city may institute action in any court of competent jurisdiction to collect such debt, together with applicable penalties, interests, costs and other expenses.
E. 
Use of Customer's Service Deposit. If a customer's bill becomes delinquent, pursuant to subsection B of this section, and the customer has made a service deposit, the city shall apply the customer's service deposit to liquidate the cumulative amount of charges, penalties and costs of collection.
F. 
Lien on Property.
1. 
Notice and Placement of Lien on Property. The city shall include a statement on its bill to each customer in substantially the following form:
"Charges for municipal services and facilities shall constitute a lien against the lot or parcel of land against which the charge is imposed if said charges remain delinquent for 60 days."
Pursuant to such notice, such charges 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 sixty days and the customer's service deposit, if one had been made, did not fully liquidate the cumulative amount owed. The city shall cause to be recorded with the county recorder all such delinquent charges, and when so recorded, such charges shall have the force, effect and priority of a judgment lien.
2. 
Future Tenants. If a lien was placed on rental property, the city shall not seek to recover any charges or penalties for the furnishing of services to any subsequent tenant due to nonpayment of charges by a previous tenant. A subsequent tenant does not include any adult person who lived at the residence during the period that the charges or penalties accrued.
G. 
Termination of Service. The city may terminate and/or refuse to reestablish municipal services if a customer refuses or fails to pay for municipal services provided. If any customer fails or refuses to pay the municipal services charged, including both delinquent and current charges for any municipal services, within sixty days of billing and the customer's service deposit, if one had been made, did not fully liquidate the cumulative amount owed, the service(s) that has not been paid, the city may do one of the following:
1. 
Terminate all municipal services, to the customer's premises, regardless of tenancy. Municipal services shall be shut off or discontinued in accordance with the procedures set forth in this chapter and the city's administrative policy and procedures. Water service shall be discontinued pursuant to Section 10.08.070 of this chapter;
2. 
If the customer provides a reason for refusing to pay a portion(s) of a bill for municipal services charged, pursuant to Section 10.08.060 of this chapter, the city may only terminate the municipal service(s) the customer has not paid for and has objected to. Pursuant to Government Code Section 54346(b), if the customer objects to the payment of sewer charges, the city may terminate both water and sewer pursuant to Section 10.08.060 of this chapter.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021)
A. 
Notice with the Bill. With each invoice, statement, or billing for municipal services mailed or otherwise transmitted, there shall be attached, enclosed or included a notice informing the customer that if he or she believes that the city has overcharged for municipal services or charged for a service not rendered, the customer has the right to dispute the bill. The notice shall also inform the customer of the procedure set forth in this section.
B. 
Procedure for Disputing Charges. Municipal service customers shall have thirty days from the date of billing to file with the city finance director a dispute of charges assessed for water, wastewater, or garbage services. If the director approves the customer's dispute, the customer will not be responsible for paying the disputed amount. If the director does not approve the customer's dispute, the customer will be responsible for paying the disputed amount. The director shall make his or her decision within fifteen days of receiving the customer's dispute of charges.
C. 
Customers disputing their bill must first utilize the administrative billing dispute procedure set forth in this section prior to requesting action by the city council or taking legal action.
D. 
This section shall not apply to sewer service charges collected on the tax roll.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021; Ord. 1938 § 3, 2023)
Unless specified otherwise in this code or for emergencies affecting the public health, safety or welfare, water, wastewater and garbage service may be discontinued pursuant to Public Utilities Code Section 10001 et seq., for nonpayment of bills or noncompliance with any of the regulations of this code as follows:
A. 
The city manager or designee shall provide written notice of an impending termination, the date of the proposed termination, and the reasons therefor at least ten calendar days prior to the proposed termination, by first class mail addressed to the customer to whom the service is billed. The notice of impending termination shall inform the customer that he or she may request an investigation within five days of receiving the notice of proposed termination, of the procedure for requesting an investigation, and that termination will be stayed during such an investigation. Subsequently, the city manager or designee shall make a good faith attempt to notify the customer of service termination no fewer than forty-eight hours prior to termination of service either by door hanger, telephone call, or postal mail at the discretion of the city manager.
B. 
While an investigation of a customer dispute or complaint is pending, the city shall not terminate the customer's water, wastewater and garbage service; however, the city shall continue to assess all applicable late penalties and fees and shall require payment of same if the city's finance director determines that the customer's dispute is invalid.
C. 
Any customer who initiates a complaint within five days after receipt of a bill which the customer contests or who requests an investigation pursuant to subsection A of this section shall be given an opportunity for review of such complaint or investigation. If the dispute or complaint regards nonpayment of a delinquent account, the review shall include consideration of whether the customer should be permitted to amortize the unpaid balance of his or her account over a reasonable period of time. No termination shall be effected for any customer complying with any such amortization agreement, provided the customer also keeps current his or her account for municipal services as charges accrue in each subsequent billing period. If a customer fails to comply with an amortization agreement, the city manager or designee shall not terminate service without giving notice to the customer, in accordance with the provisions of subsection A of this section, of the conditions the customer shall meet to avoid termination. But, such notice shall not entitle the customer to further investigation.
D. 
Notice of Termination to Residents with a Master Meter. The city shall provide notice of termination to residents with a master meter pursuant to Public Utilities Code Section 10009.1. Where water service is provided to residential users through a master meter, the city manager or designee shall make every good faith effort to inform the actual users of the water service when the account is in arrears that service shall be terminated in fifteen days. The water division shall not be obligated to make service available unless and until every actual user of the water system then residing on the premises agrees to the terms and conditions of service and agrees to comply with this code, provided, however, that if: (1) one or more actual users are willing and able to assume responsibility for the entire account to the satisfaction of the city manager or designee; or if (2) there is a physical means legally available of selectively terminating service to those actual users who have not met the requirements of this code, service shall be made available to the actual users who have met those requirements.
E. 
No Termination at Certain Times. Water, wastewater, and garbage service shall not be terminated because of delinquency in payment for such service on any Saturday, Sunday, legal holiday, or at any time during which the city's business offices are not open to the public.
F. 
Customers with Medical Need for Water Service. Water service shall not be terminated to customers with a medical need for water service provided the customer supplies the city with certification from a licensed physician and surgeon declaring termination of water service would be life threatening to the customer, and the customer commits to a payment plan designed to bring the account current in no fewer than two billing cycles. In no event shall the amortization period exceed twelve months.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021)
If municipal services are discontinued, the customer desiring reactivation shall complete a written application for services, remit all outstanding charges due, including any service activation fees and service deposit as established by resolution of the city council. Unauthorized activation of municipal services shall result in a fine fixed by resolution of the city council.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021)
The owners of premises taking city water, or having wastewater connections, shall keep their service pipes, stopcocks, service lines, plumbing, and any apparatus connected therewith, in good repair at their own expense. The city is relieved from all liability for damages, physical and monetary, caused by municipal services wherein the owner of premises is negligent in maintaining premises in good repair.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021)
Access to the water meter or wastewater connection shall not be obstructed at any time by, among other things, landscaping, fences or other structures, motor vehicles, debris, or companion animals. The city is not liable for damages caused to the premises as a result of efforts to gain access to the service connection. If a service connection cannot be accessed, a fine as established by resolution of the city council shall be assessed to the customer of record.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021)
The city reserves its right to take all appropriate action allowable under the law, including referring a person to the district attorney for a potential criminal prosecution, to recover damages for, or to prevent, the unlawful diversion of municipal services, any unauthorized connection to municipal service, or the tampering with meters or other related facilities or property.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021)
Credits, refunds, or adjustments shall not be granted to any customer because the premises, or any part thereof, are vacant.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021)
Municipal service customers meeting the definition of low income shall receive a reduction in their service billing in accordance with program guidelines as determined by city council resolution. Program implementation shall be by administrative policy and procedure.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021)
Every person taking water, or having a wastewater connection, or having garbage or rubbish disposed of, under the provisions of this chapter, shall be conclusively presumed to have expressed his or her consent to be bound by the regulations in this chapter.
(Ord. 1691 § 1, 2004; Ord. 1902 § 3, 2021)