The amount of all fees and charges provided in this chapter, including, but not limited to, charges for water fees, connections, metered and non-metered, construction water and resumption of service fees shall be established in this chapter. The failure to pay any charge shall constitute a violation of this chapter. All charges shall be paid at the time water service is requested and, except as otherwise provided in this chapter, on a service date basis thereafter.
(a) 
Payment plan. At the discretion of the Municipal Services Director, an extended payment plan for certain fees may be allowed.
(1019-CS, Amended, 02/12/2004; 1027-CS, Amended, 06/10/2004; 1274-CS, Amended, 02/13/2020)
(a) 
Billing and payment. Accounts for water service shall be billed by service date in conjunction with billing for garbage, rubbish, organic refuse, and sewer services and shall be due and payable in the City of Turlock Finance Office by the due date shown on the utility bill.
Pursuant to California Public Utility Code Section 10009.6, the decision of the City to require a new residential applicant to deposit a sum of money with the City prior to establishing an account and furnishing service shall be based solely upon the creditworthiness of the applicant as determined by the City. The deposit will be equal to the charges for services likely to be incurred during a period of three (3) months or two (2) billing periods, whichever is greater, with a minimum of One Hundred Fifty and no/100ths ($150.00) Dollars. This estimate shall be established by the Finance Officer or his/her designee based upon the size of the service, the nature of the use of the property and the experience with similar uses in the City. Failure to make the deposit will warrant the discontinuation or denial of service.
An application for service will not be honored unless payment in full has been made for outstanding debt due the City for services, fines, or fees previously rendered to the applicant and interest accrued for the third party collection agency debt due to the City by the applicant. At the discretion of the Municipal Services Director, an extended payment plan for certain fees may be allowed.
(b) 
Nonpayment of collection charges. In the event of nonpayment of the charges for water services as provided in this article, the following procedures and penalties shall apply:
(1) 
If payment for any charges shown on the utility bill are not received by the City of Turlock Finance Office by 5:00 p.m. on the fifth day following the due date (including applicable penalties), the customer's account shall be charged a delinquency penalty of Twenty-Five and no/100ths ($25.00) Dollars on the sixth day.
(2) 
Notice. A written notice of delinquency shall be sent by the Finance Office to any customer whose account remains delinquent. The written notice to be mailed or delivered to the customer shall notify him that the service is subject to disconnection and/or delinquent charges will be submitted for collection. Such notice shall contain the information to avoid such action. The City of Turlock shall give notice of the delinquency and impending termination pursuant to Section 10010 of the Public Utilities Code.
(3) 
If payment of said billing is not received by the City of Turlock Finance Office, or other arrangements are not made, by 5:00 p.m. on the fifth day following the due date (including applicable penalties), service may be terminated or submitted for collection; provided, that notice was given pursuant to Section 10010 of the Public Utilities Code and that termination of services for nonpayment of billing shall not occur on any Saturday, Sunday, legal holiday, or at any time during which the business office of the City of Turlock is not open to the public.
(c) 
Reinstatement charges. In the event of termination of service for nonpayment of water charges as provided in this article, the customer account shall be charged a service reinstatement fee of Twenty-Five and no/100ths ($25.00) Dollars during normal working hours (8:00 a.m. through 5:00 p.m.) or Forty-Five and no/100ths ($45.00) Dollars if reinstated after normal working hours. The City shall restore water service within seventy-two (72) hours of the payment of the reinstatement charge and all other outstanding charges shown on the utility bill.
(d) 
Wrongful termination. Any wrongfully terminated service shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the billing address.
(e) 
Third party notification service for residential customers. The City of Turlock shall make available to its residential customers who are sixty-five (65) years of age or older, or who are dependent adults as defined in California Welfare and Institutions Code Section 15610, a third party notification service whereby the City of Turlock shall attempt to notify a person designated by the customer to receive notification when the customer's account is delinquent and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential customer shall make a request for third party notification on a form provided by the City of Turlock, and shall include a written consent of the designated third party. The third party designation does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(f) 
Nonpayment of collection charges by previous residential tenant.
(1) 
The City of Turlock shall not seek to recover any charges or penalties for the furnishing of service to or for a residential tenant from any subsequent tenant on account of nonpayment of charges by the previous tenant.
(2) 
The City of Turlock shall require that service to subsequent tenants be furnished on the account of the landlord or property owner when a nonpayment lien has been imposed on the property.
(1019-CS, Amended, 02/12/2004; 1027-CS, Amended, 06/10/2004; 1129-CS, Amended, 11/12/09; 1142-CS, Amended, 07/13/2010; 1155-CS, Amended, 09/22/2011; 1242-CS, Amended, 07/26/2018; 1274-CS, Amended, 02/13/2020)
(a) 
If the service has been discontinued or a customer requests assistance to turn off/on their service for maintenance, the customer shall pay applicable charges as set forth in this chapter.
(1) 
Turn-on/off water services may occur the same day they are requested but are done at the City's convenience.
(2) 
Normal working hours are Monday thru Friday, between 8:00 a.m. and 5:00 p.m. There is no charge for a turn-on/off during normal working hours. If a turn-on/off is after normal working hours, the charge shall be Forty-Five and no/100ths ($45.00) Dollars per visit. Non-working hours are before 8:00 a.m. or after 5:00 p.m. Monday through Friday, and on weekends or holidays.
(3) 
If it is necessary to disconnect the water service, the charges to reconnect shall be the same as a new connection charge.
(1019-CS, Added, 02/12/2004; 1027-CS, Amended, 06/10/2004)
(a) 
Single-family residential customers receiving water services from the City of Turlock are subject to excessive water use targets and penalties. Water use targets and penalties shall be established by resolution of the City Council and may be amended from time to time. A customer whose water use exceeds the established target may be assessed a penalty.
(b) 
Excessive water use penalties shall be assessed on the customer's utility account and shall be due and payable in conjunction with billing for City utility services. Failure to pay such penalty pursuant to this section shall be subject to the same remedies for nonpayment of City utility services, which includes the termination of water services.
(c) 
The first penalty shall be waived if the owner of the premises where the violation occurred, or the occupant (if different than the owner, and the occupant committed the violation), attends a water conservation education workshop offered by the City within sixty (60) days after the date of issuance of the penalty; provided, that only one (1) such penalty waiver shall be allowed for the owner or occupant of the premises.
(1228-CS, Added, 02/23/2017)
(a) 
Any person assessed an excessive water use penalty shall have the right to appeal to the Municipal Services Director, or his or her designee.
(b) 
The appeal hearing shall be held before the Municipal Services Director, or his or her designee. After hearing all of the evidence presented, he or she shall make the final administrative determination regarding the matter.
(c) 
The customer shall be allowed to present such witnesses and evidence as he or she may desire.
(d) 
Such appeal hearing is an administrative hearing and the rules of evidence shall not apply.
(1228-CS, Added, 02/23/2017)
(a) 
The utility customer must request in writing an appeal hearing and the request for appeal must be received by the City within fifteen (15) calendar days from the due date of the utility bill on which the excessive water use penalty was assessed. If the fifteenth day falls on a weekend or City observed holiday the request for an appeal must be received by the next business day.
(b) 
The request for hearing shall be addressed to the Municipal Services Director and shall be deemed served only when received by the City. Failure to properly serve the request for hearing within the fifteen (15) calendar day period shall be deemed a waiver of the right to appeal the matter.
(c) 
The hearing officer shall give written notice by mail to the utility customer of the date, time, and location of the appeal hearing, which hearing shall be held no sooner than ten (10) days from receipt of the request for hearing and no longer than thirty (30) days from receipt of such request.
(d) 
The decision of the hearing officer shall be final.
(1228-CS, Added, 02/23/2017)