Each new water service customer shall contact the District and
shall furnish the legal description and address of the property upon
which the water is to be used. All customers shall be billed for initiation
fees and deposits, unless the deposit is waived by the District.
(Res. No. 2020-02, adopted 5/20/20)
Customer accounts shall be opened and maintained in the full
name of the property owner of the property to which water service
is provided, as shown on the San Diego County Assessor’s Tax
Roll. Notwithstanding, a tenant or new property owner may establish
an account by providing: (1) in the case of a tenant, a copy of the
lease agreement and a tenant authorization form signed by the property
owner; or (2) in the case of a new property owner, a copy of the purchase
and sale agreement or other escrow paperwork acceptable to the District.
The District may in its discretion require the property owner of record
to maintain the account solely in his or her name.
(Res. No. 2020-02, adopted 5/20/20)
Unless waived by the District, a customer applying for new water
service shall deposit with the District the applicable amount as set
forth in Appendix A (Rates and Charges). The deposit will be charged
to the customer in the initial bill issued by the District, along
with the new account set up charge. The decision of the District to
waive the deposit for new water service shall be based solely on the
creditworthiness of the applicant as determined by the District.
(Res. No. 2020-02, adopted 5/20/20)
A one-time charge in the amount set forth in Appendix A (Rates
and Charges) shall be required when establishing a new account. The
charge shall be included on the initial bill issued by the District.
(Res. No. 2020-02, adopted 5/20/20)
The customer of record is responsible for the timely payment
of all water service charges, including any fees, penalties, and interest.
If a customer believes he or she cannot pay a bill in full by its
due date and may need to request a payment arrangement, the customer
should contact the District as soon as possible, but no later than
the dates set forth in this Article. In addition, customers shall
timely notify the District of any changes to account information,
including the customer’s name, billing address, and telephone
number.
A tenant residing at service address may be the customer of
record on the account by providing a copy of the lease agreement and
a written authorization from the property owner when establishing
the account. The tenant/customer shall have primary responsibility
for the payment of all bills for water service and shall pay a deposit
as provided in this Article. The tenant/customer shall pay all water
service charges and any fees, penalties, and interest incurred on
the account. Because the property owner is jointly and severally liable
for the payment of such charges, and such charges may become a lien
on the property if unpaid, the property owner may receive copies of
tenant/customer bills or other notice that the tenant/customer’s
account is past-due.
If a tenant is the customer of record, the property owner shall
be jointly and severally responsible and liable for the payment of
all water service charges and any fees, penalties, and interest incurred
on the account that are not timely paid by the tenant/customer of
record. The District will apply any tenant deposit to any amount owed
before seeking payment from the property owner. As a courtesy to the
property owner, the District may agree to send copies of bills and/or
past-due notices to the property owner. It is the property owner’s
responsibility to notify the District of any changes in the mailing
address, telephone number(s) or other contact information provided
to the District. Notwithstanding, failure to receive bills or notice
does not relieve the property owner of responsibility under this Code.
The property owner shall contact the District at least three days
prior to the tenant moving out of the property served by the District;
in such event, the property owner may become the customer or record
to continue water service. If the tenant/customer or the property
owner fail to contact the District to terminate service or establish
a new customer of record, they shall remain jointly and severally
liable for all water use charges and bills incurred at the property.
(Res. No. 2020-02, adopted 5/20/20)
Meters will be read by the District bi-monthly. This will be
done as nearly as practical on the same day of each month. Bills are
due and payable when mailed and are delinquent if not paid within
18 days from the date of mailing. Payments can be made online, by
mail, and in person at the District office. District field or service
personnel are not authorized to receive payment for unpaid water bills.
(Res. No. 2020-02, adopted 5/20/20)
On final billings to close out an account, the monthly/bi-monthly
demand charge shall be prorated. Customers shall be billed for said
amount plus the amount of water used.
(a) Final Bill — Change of Tenant without Change of
Ownership. A final bill will be sent to the tenant. At
that time a copy of the final bill will be sent to the legal owner
with a letter notifying the owner of the bills. Final bills are due
10 days from mailing date and if unpaid the owner will then be notified
that payment is past due. If the final bill is unpaid, the bill, plus
a processing fee, will be submitted to collection. If collection efforts
are unsuccessful, the bill will be added to the next tax assessment
roll and shall become a lien on the property of the owner. (Water
Code Section 25806.)
(b) Final Bill — Change of Property Ownership. The final bill will be sent to the former owner. The final bill
is due and payable 10 days from the date of mailing. If the final
bill is unpaid 14 days after mailing, the balance will be transferred
to any other active account in the District. If no active account
exists, this bill, plus a processing fee, will be added to the next
tax assessment roll and shall become a lien on other property within
San Diego County owned by the former owner. If no other property exists
in the County then the bill, plus a processing fee, will be submitted
to collection. (
Water Code Section 25806.)
(Res. No. 2020-02, adopted 5/20/20)
Should any meter in service fail to register or should the District
be unable to read the meter for reasons beyond the control of the
District, the amount of water used shall be estimated by the District
by determining the yearly average and comparing it to the same billing
period for the prior year. The customer shall be billed for the lower
of the two figures.
(Res. No. 2020-02, adopted 5/20/20)
The District reserves the right to adjust any bill to correct
any error that may be found. If the error is in favor of the customer,
a refund or credit shall be given by the District. If the error is
in favor of the District, the customer shall be billed for the deficiency.
All bill adjustments are for current customers only. No adjustment
shall be made for an error that occurred more than 12 months before
the adjustment unless expressly approved by the Board or General Manager.
(Res. No. 2020-02, adopted 5/20/20)
Bills for residential water service shall be delinquent if payment
is not received within 18 days from the date of mailing. If a bill
becomes delinquent, the District shall notify the customer of record
and occupants living at the service address that the service may be
discontinued in accordance with the District’s Discontinuation
of Water Service Policy, which is attached as Appendix C. A late payment
charge as set forth in Appendix A (Rates and Charges) will be required
and due at close of business 30 days from the delinquent date. The
charge shall be paid, along with the water bill payment, to avoid
turn-off of the water service. The District may assign a tenant’s
delinquent water bill to an agency for collection, and if it does
so, an additional amount shall be added to the amount due and owing
based on collection company charges. The District may assign a property
owner’s delinquent bill to the County to be placed on the assessment
roll.
(Res. No. 2020-02, adopted 5/20/20)
Bills for non-residential water service shall be delinquent
if payment is not received within 18 days from the date of mailing.
If a bill becomes delinquent, the District shall provide a mailed
notice to the customer of record that the service will be discontinued
if not paid by the date specified in the notice. A late payment charge
as set forth in Appendix A (Rates and Charges) will be required and
due at close of business 30 days from the delinquent date. The charge
shall be paid, along with the water bill payment, to avoid turn-off
of the water service. The District may assign a delinquent water bill
to an agency for collection, and if it does so, an additional amount
shall be added to the amount due and owing based on collection company
charges.
(Res. No. 2020-02, adopted 5/20/20)
A service charge, as set forth in Appendix A (Rates and Charges)
shall be imposed and added to the amount due for any check or electronic
funds transfer (EFT) that is not honored for any reason by the customer’s
bank. This charge shall be in addition to any delinquent payment charge.
Any returned check or EFT shall be considered nonpayment by the customer.
(Res. No. 2020-02, adopted 5/20/20)
A meter without consumption and only a monthly/bi-monthly charge
will be carried for three consecutive billings of accumulated charges.
In the discretion of the General Manager or his or her designee, the
District may add the unpaid billings to the next tax assessment roll,
which shall become a lien on the property of the owner, or may send
a letter to the owner of the property stating that the charges must
be paid within 15 days or the meter and service will be removed. To
re-establish service at a later date, the customer shall be required
to pay for a new meter installation and capacity charge.
(Res. No. 2020-02, adopted 5/20/20)
As a convenience to customers, the District may use SMS/text
messaging to communicate certain accountrelated information including,
but not limited to, account balance notifications, payment receipt
acknowledgement, payment reminders, service outages, planned maintenance,
and other account-related notifications. The District uses standard
text messaging to perform these communications and does not charge
customers for receiving such communications. However, standard text
message charges from customer wireless providers may apply. Participation
in this program is optional. Customers enrolled in the program wishing
to discontinue receipt of SMS/text messages are advised to respond
“STOP” to a District SMS/text message.
(Res. No. 2020-02, adopted 5/20/20)
Service that has been terminated for non-payment may be reinstated
upon the payment of the deposit required by the rules of the District
plus unpaid bills, delinquency charges, and the turn-on charge as
set forth in Appendix A (Rates and Charges). When one parcel is served
by two meters which are billed to the same customer, and both are
delinquent at the same time, only one turn-on fee will be charged
if full payment of all charges, penalties and deposits is made at
one time. If the charges are not paid for all meters at one time,
the turn-on charge will apply for each turn-on.
Water service will be turned on only during business hours of
the District.
If a customer breaks or damages any locking devices or equipment
to turn on his or her own water service after it has been turned off
for non-payment, the District may remove the water meter. The meter
will not be replaced until all water charges, penalties, fees and
cost of the damage to the equipment are paid plus the water theft
penalty as set forth in Appendix A (Rates and Charges), and any costs
associated with the expense of removing and replacing the meter.
(Res. No. 2020-02, adopted 5/20/20)
A turn-off charge in the amount set forth in Appendix A (Rates
and Charges) will be added to all bills after the service employee
has gone to the property with an order for turn-off. District field
or service personnel are not authorized to receive payment for unpaid
water bills.
(Res. No. 2020-02, adopted 5/20/20)
A customer whose water service has been turned off for non-payment
shall pay a fee as set forth in Appendix A (Rates and Charges).
(Res. No. 2020-02, adopted 5/20/20)
Residential customers may dispute or appeal a bill in the manner
provided in Appendix C (Discontinuation of Water Service Policy).
(Res. No. 2020-02, adopted 5/20/20)
Any non-residential customer desiring to request an investigation
concerning service or charges shown on the bill, must do so within
five days after receipt of the bill. For purposes of this section,
a bill shall be deemed received by a customer five days after mailing.
Any such request must be in writing and filed with the District Finance
Manager or his or her designee.
If the customer is dissatisfied with the decision of the General
Manager, the customer shall have the right to appeal the decision
to the Board of Directors by filing a written appeal within seven
business days of the decision of the Finance Manager.
If such request is filed, the customer shall be notified by
the District of the time and place of the meeting of the Board at
which the matter will be considered. At the time and place fixed,
the customer shall be given the opportunity to be heard and to present
evidence to the Board. The Board shall thereafter consider the matter
and make a decision.
The decision of the Board shall be final. If the Board determines
the customer’s claim is not justified, the full amount owed
shall be paid within three business days. If the Board determines
that the customer’s complaint is valid, corrections will be
made in the District office within five business days. Water service
shall not be discontinued during the period that the validity or accuracy
of a bill is being contested before the Finance Manager or Board of
Directors.
(Res. No. 2020-02, adopted 5/20/20)
Pursuant to Section 22282.1 of the
Water Code, the District
may refuse service to any property if outstanding charges for services
already rendered such land have not been paid within the time prescribed
herein and the charges were incurred by the current owner or tenant
of the current owner.
(Res. No. 2020-02, adopted 5/20/20)
Charges that are unpaid and delinquent charges shall be added
to, and become part of, the annual assessment levied on land within
the District in accordance with Sections 25806 and 26651 of the Water
Code. A 10% penalty will be added to all uncollected bills at the
time of submitting uncollected bills to the Tax Collector for collection.
(Res. No. 2020-02, adopted 5/20/20)
Deposits paid to the District by the customer shall be refunded
upon closure of the account, provided that all outstanding bills have
been paid. The District will automatically issue a check for refunds
of $5.00 or more upon closure of the account; refunds for lesser amounts
may be requested by the customer within one year. If a customer does
not process a refund check or claim an amount due within the applicable
time period provided by law, such amounts may become property of the
District in accordance with
Government Code Section 50050, et seq.
(Res. No. 2020-02, adopted 5/20/20)
Pursuant to the Bankruptcy Act (P.L. 95-598), the District shall
not alter, refuse or discontinue service to, or discriminate against,
a customer, or a trustee of a customer, solely on the basis that a
debt owed by the customer to the District for service rendered before
the order for relief was not paid when due. It shall be the responsibility
of the customer to supply the District with a copy of any applicable
order for relief. The District shall discontinue service if neither
the customer, nor the trustee, within 20 days after the date of the
order for relief, furnishes adequate assurance of payment in the form
of a deposit for service after such date. As used herein, “adequate
assurance of payment” shall mean a cash deposit in an amount
equal to the highest of the last six billings rendered to the customer,
or for the customer’s property if customer has not occupied
the property for that period of time, prior to the order for relief.
As used herein, “order for relief” shall have the same
meaning as given to it in the Bankruptcy Act. The commencement of
a voluntary case under the Bankruptcy Act shall constitute an order
for relief. Such deposit shall be refunded as provided in this Article.
Service may be discontinued in accordance with the rules of the District
upon nonpayment for service rendered after the order of relief.
(Res. No. 2020-02, adopted 5/20/20)
It is the customer’s responsibility to notify the District
of any extraordinary conditions in which a disruption in service or
a change in water chemistry could be life-threatening to or post a
serious threat to the health and safety of, a resident of the premises.
The District will endeavor to work with the customer in good faith
concerning the issue(s) identified. Notwithstanding, this section
shall not be construed to obligate the District to take, or refrain
from taking, any lawful action that is within the District’s
discretion at any time.
(Res. No. 2020-02, adopted 5/20/20)
California
Water Code Section 375, et seq. authorizes the District
to adopt and enforce a comprehensive water conservation program. Additionally,
California
Water Code Section 350, et seq., authorizes the District
to declare an emergency condition and implement water rationing and
restrictive water use regulations in a water shortage emergency. Upon
adoption of either of such ordinances under the California
Water Code,
the General Manager or his/her designee is authorized to implement
the provisions of these ordinances.
(Res. No. 2020-02, adopted 5/20/20)
Customers are responsible for all actual water use on the property,
including leaks. This includes a responsibility to maintain household
plumbing and irrigation systems on the property such that any leaks
are detected and repaired in a timely manner and reduce the risk of
usage due to leaks. Notwithstanding, customers may request a water
leak adjustment as provided in this section.
The General Manager or his/her designee is authorized in their
discretion to make adjustments to variable water charges for a billing
period in which water leak occurred due to a broken pipe and/or plumbing
fixture that caused exceptionally high water consumption compared
to consumption history for the property during the same billing period
over the previous 36 months. Only unusual consumption at or above
the Tier III billing rate may qualify for a water leak adjustment.
Adjustments will be determined using the following criteria:
(a) The customer must be the current customer of record and not have
received an adjustment at the same property under this section in
the past 36 months.
(b) Customers shall have all leaks promptly repaired prior to requesting
a leak adjustment. District staff will verify repair of all leaks
prior to adjustment being approved.
(c) A District Leak Adjustment Request Form shall be properly completed
by the customer and submitted to the District with required documentation
within 25 days of the statement date of the bill issued after the
leak was discovered. Leak adjustments will not be considered on bills
less than $200.00.
(d) A maximum of three consecutive billing periods will be considered
for an adjustment.
(e) The value of the adjustment will be determined by applying the Tier
II water rate to all excess usage above the property average during
the affected billing period(s) that were charged at a higher rate.
(f) Adjustments will be provided as a credit on the account. No refunds
will be given.
(g) No adjustments will be given if the District determines excessive
water flow was caused by the customer’s negligence or non-responsiveness
to warning signals such as higher water/electric bills, leak notifications,
visible water, or other factors that should have made a customer reasonably
aware of the existence of a broken pipe and/or plumbing fixture.
(h) No adjustments will be given if a third party is responsible for
water loss at the customer’s property and can be pursued for
reimbursement by the customer.
(i) No adjustments will be given due to the resetting or malfunction
of irrigation timers at the customer’s property, whether intentional
or not.
(j) The District is not responsible for any leak due to lack of notification,
and no adjustment will be given for this reason. It is the customer’s
responsibility to investigate leaks and/or excessive water use.
The determination of whether an adjustment will be granted shall
be made at the sole discretion of the General Manager or his or her
designee; the determination will be final and is not subject to appeal.
In making the determination, the District may take into account the
cause of the water leak, the customer’s opportunity, if any,
to detect it, any negligence or fault of the customer in connection
therewith, the promptness with which the water loss was discovered,
stopped and repairs made, and the other criteria stated in this section.
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(Res. No. 2020-02, adopted 5/20/20)