This Title applies to potable water service, recycled water
service and sanitation service.
(a)
The General Manager may refuse to approve service to a person who
has violated this Code. The applicant shall, upon request, be provided
with a written statement setting forth the reasons for such refusal.
(b)
An applicant or customer, as the case may be, may appeal any decision
of the General Manager to the Board by filing a written request for
the Board to review the General Manager's action. The request shall
set forth the reasons why the applicant contends the General Manager's
action is not warranted.
(c)
The Board shall consider requests for review filed pursuant to this
section. The Board may act upon the request on the basis of the applicant's
submittal or the Board may hold a public hearing, which will be conducted,
as near as practicable, in accordance with the provisions of the California
Administrative Procedures Act.
(d)
Upon presentation of official identification, agents of the District
shall be allowed free access at reasonable hours to inspect or perform
duties relating to District facilities on premises supplied with District
potable or recycled water or receiving sanitation service. The General
Manager may terminate service where a customer refuses reasonable
admittance to, or hinders or prevents inspection of District facilities
by an authorized agent of the District.
[Amended by Res. 2568, 1-7-2020; Res. 2580, 8-4-2020; Res. 2582, 11-3-2020]
(a)
When a non-residential customer has failed to comply with the rules
and regulations governing water service, other than the payment of
charges, deposits or penalties, the General Manager, or designee,
shall notify the customer that a flow restriction device will be installed
or the service will be terminated unless the customer forthwith complies
with such rules and regulations or presents an adequate reason for
failure to do so.
(1)
Such notice shall be in substantially the following form:
PLEASE TAKE NOTICE that a water flow restriction device will
be installed or your water service will be shut off after two (2)
business days from the date of this notice unless you (list violation
to be cured). Prior to the flow restriction device installation or
termination date, if you believe that such installation or termination
is not justified, you may present your position, orally or in writing,
to the District's General Manager, or designee, between the hours
of 7:30 a.m. and 5:00 p.m. Monday through Friday, at the District's
headquarters located at 4232 Las Virgenes Road, Calabasas, California.
If you request the opportunity to present your position, your request
will be reviewed and the District will either cancel or confirm the
installation of the flow restriction device or termination of water
service.
(2)
A flow restriction device shall be installed or service terminated
as specified in the Notice of Installation of Flow Restriction Device
or Termination of Water Service unless the information presented by
the non-residential customer indicates that installation of a flow
restriction device or termination of service is inappropriate. A flow
restriction device shall not be installed and service shall not be
terminated earlier than two (2) business days after the aforementioned
Notice of Installation of Flow Restriction Device or Service Termination
is left at the residence.
(b)
A flow restriction device may be installed or service may be terminated
for nonpayment of a delinquent account only if notice of the delinquency
and the impending installation of a flow restriction device or service
termination is mailed to the non-residential customer at least 20
calendar days after the bill is rendered and at least 15 business
days prior to the proposed installation or termination date and a
reasonable good faith effort is made to contact an adult person residing
at the premises by telephone at least five (5) business days prior
and by door tag at least two (2) business days prior to the flow restriction
device installation or service termination.
(1)
The notice of installation of flow restriction or service termination
shall include the following:
a.
Name and address of delinquent customer.
b.
The amount of delinquency.
c.
The date by which payment or arrangement for payment is required
to avoid the installation of a water flow restriction device or service
termination.
d.
The procedure for the customer to initiate a complaint or investigate
service or charges.
e.
The procedure to request amortization of unpaid charges.
f.
The procedure to obtain information on the availability of financial
assistance.
g.
The telephone number of a District representative who can provide
added information.
(2)
A non-residential customer may initiate a complaint or request an
investigation within five (5) calendar days of receipt of a disputed
bill or request an extension of time to pay a bill within thirteen
(13) calendar days of mailing of the termination notice. The General
Manager, or his designee, shall review the complaint or request and
determine whether the customer shall be permitted to amortize the
unpaid balance over a reasonable period of time, not to exceed 12
months.
(c)
A flow restriction device shall not be installed and/or water service
shall not be terminated for nonpayment:
(1)
During the pendency of an investigation by the General Manager of
a non-residential customer dispute or complaint.
(2)
When the non-residential customer has been granted an extension;
or
(3)
When a licensed physician certifies that termination of service will
be life threatening to the customers;
(4)
When the non-residential customer is financially unable to pay for
service within the normal payment period and the customer is willing
to enter into an agreement to amortize payment of the delinquency
over a period not to exceed 12 months.
(d)
Delinquent charges or penalties for water service accumulated by
a tenant in the tenant's name shall be collected from the tenant and
not from any subsequent tenant. If a tenant fails to pay such charges
or penalties the District may refuse to provide service to a subsequent
tenant. The General Manager may require the property owner be the
customer on subsequent accounts.
(a)
The General Manager may terminate sanitation service and/or potable
water service to a sanitation customer who violates Title 5 provided
the procedures set forth in this Chapter are followed with respect
to such termination.
(b)
The General Manager may disconnect the user or subdivision sewer
system from the sewer mains within the District. Upon disconnection,
the General Manager shall estimate the cost of disconnection and reconnection.
Such user shall deposit delinquent charges payable to the District,
and the estimated cost of reconnection, prior to reconnection to the
system. The District shall refund any part of the deposit remaining
after payment of the charges and costs of reconnection.
(a)
Recycled water service may be terminated for failure to follow rules
and regulations set forth in this Code and by reason of circumstances
beyond the control of the District, and in order to protect facilities
of the District, or for the protection of the public health, safety
and welfare of the residents and property of the District.
(b)
The District may suspend recycled water service if the District's
reclamation plant does not produce recycled water meeting the requirements
of regulatory agencies, including those prescribed by the Title 22
of the California Code of Regulation. In such case, service will be
renewed when recycled water again meets the requirements of regulatory
agencies.
(a)
When sanitation, potable water for non-residential customers, or
recycled service is terminated for failure to comply with rules and
regulations of this code (other than payment fees and charges) service
shall not be restored to the former customer or to the property of
the former customer until the assurances satisfactory to the General
Manager are provided that compliance with rules and regulations will
occur and the District is reimbursed for costs incurred to terminate
and restore service.
(b)
When sanitation, potable water for non-residential customers, or
recycled water service is terminated for failure to pay rates, fees
or charges, service shall not be restored to the former customer unless
arrearages which resulted in termination and costs incurred to terminate
and restore service are paid to the District.
The District may invoke the civil remedies in addition to the
administrative and penal remedies set forth in this Code.
(a)
When authorized by the Board, District Counsel shall commence an
action to collect delinquent fees and charges. When so authorized,
Counsel shall record a lien against the customer's property in accordance
with the Municipal Water District Act of 1911.
(b)
Use of District water, recycled water or sanitation service contrary
to this Code is unlawful and a public nuisance. The Board may order
the District Counsel to commence actions or proceedings for the abatement
of the nuisance.
(c)
Violation of Chapter 5-4, Articles 2 and 3 of this Code shall be punishable by a civil fine of not more than $25,000.00 per day. Any other violations of Title 5 are found, determined and declared to be an infraction. Every person convicted of an infraction shall be punished as follows:
(d)
Infractions under this Code shall be enforced by District Counsel.
