The Director shall enforce the provisions of this chapter and, for such purpose, shall have the powers of a peace officer, if deputized or if authorized by law.
(Ord. 14-008 § 1)
Service may be discontinued for any one (1) of the following reasons:
A.
For service being received through a master meter, delinquency in the payment of any bill, except that residential service shall not be discontinued to a residential occupant for nonpayment in any of the following situations:
1.
During the pendency of any investigation by the City of a customer dispute or complaint;
2.
When a customer has been granted an extension of the period for payment of a bill;
3.
For an indebtedness owed by the customer to any other public agency or when the obligation represented by the delinquent account or other indebtedness was incurred with any public agency other than the City;
4.
When a delinquent account relates to another property owned, managed or operated by the customer; or
5.
When a public health or building officer certifies the termination would result in a significant threat to the health or safety of the residential occupants or the public;
B.
For service through an individual meter, delinquency in the payment of any bill, except that residential service shall not be discontinued to a residential occupant for nonpayment in any of the following situations:
1.
During the pendency of any investigation by the City of a customer dispute or complaint;
2.
When a customer has been granted an extension of the period for payment of a bill;
3.
For an indebtedness owed by the customer to any other public agency or when the obligation represented by the delinquent account or other indebtedness was incurred with any public agency other than the City;
4.
When a delinquent account relates to another property owned, managed or operated by the customer; or
5.
When: (a) a licensed physician or surgeon certifies that to do so will be life-threatening to the customer; (b) the customer is financially unable to pay for service within the normal payment period as established in Cal. Health & Safety Code § 116910 or the Finance Director's discretion; and (c) the customer is willing to enter into an amortization agreement with the City and requests permission to amortize, over a period not to exceed twelve (12) months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal payment period;
C.
The unauthorized taking of water or the taking of water in excess of the amount paid for;
D.
Failure of the customer to maintain his or her facilities in a suitable condition to prevent waste of water;
E.
The existence of any unprotected cross-connections on the customer's premises or the lack of adequate backflow protection at the service connection;
F.
Any violation by the customer of any rules and regulations of the City governing water service;
G.
Any situation which presents an immediate health hazard to the public water system. In such cases, the City may discontinue water service immediately without notice, and service shall be locked and remain inactive until corrective action has been approved by the City. The City shall attempt to contact the customer by telephone and shall mail a certified letter to the customer as soon as reasonably possible to set forth the reasons for the emergency. Conditions that create a basis for the immediate discontinuance of water service shall include, but are not limited to, the following items:
1.
Direct or indirect connection between the public water system and a sewer line;
2.
Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;
3.
Unprotected direct or indirect connection between the public water system and an auxiliary water system;
4.
Sanitary sewer overflows, either into the storm drainage system or on private property, exacerbated by continued use of the public water system.
(Ord. 14-008 § 1; Ord. 20-002 § 2)
B.
Every notice of discontinuance of service required by this section shall include all of the following information:
1.
The name and address of the customer whose account is delinquent;
2.
The amount of the delinquency;
3.
The date by which payment or payment arrangements must be made to avoid discontinuation of service;
4.
A description of the procedure by which the customer may request an alternative payment arrangement, which may include an extension, amortization, or alternative payment schedule;
5.
A description of the procedure to petition for bill review and appeal;
6.
The procedure for the customer to obtain information on financial assistance, if applicable;
7.
The telephone number of a representative of the City who can provide additional information or institute arrangements for payment.
C.
Whenever the City furnishes residential service through a master meter in a multi-unit residential structure, mobile home park or farm labor camp as defined in Cal. Health & Safety Code § 17008, where the owner, manager or farm labor employer is listed by the City as the customer of record, the City shall provide a notice of delinquency to each of the residential units at least ten (10) business days before discontinuation of water service. The notice will be addressed to "Occupant," will contain the information required in subsection B of this section and will also inform the residential occupants that they have the right to become customers of the City without being required to pay the amount due on the delinquent account. If it is not reasonable or practical to post the notice on the door of each residential unit, the City shall post two (2) copies of the notice in each accessible common area at each point of access to the structure or structures.
D.
Whenever the City furnishes any individually metered residential service to residential occupants in a multi-unit residential structure, mobile home park or permanent residential structures in a labor camp, as defined in Cal. Health & Safety Code § 17008, where the owner, manager or operator is listed by the City as the customer of record, the City shall provide a notice of delinquency to each of the residential occupants at least ten (10) business days before discontinuation of water service. The notice will be addressed to "Occupant," will contain the information required in subsection B of this section and will also inform the residential occupants that they have the right to become customers of the City without being required to pay the amount due on the delinquent account. If it is not reasonable or practical to post the notice on the door of each residential unit, the City shall post two (2) copies of the notice in each accessible common area at each point of access to the structure or structures.
(Ord. 14-008 § 1; Ord. 20-002 § 3)
No water service shall be shut off to any customer or user because of any delinquency in payment commencing on any Saturday, Sunday, legal holiday or at any time during which the business offices of the City are not open to the public. Water service may be turned on to a customer or user outside of normal business hours after receipt of payment of delinquencies within seventy-two (72) hours, regardless of the time of day payment is received by the City.
(Ord. 14-008 § 1)
The Finance Director or his or her designee shall review every request or complaint received by a customer regarding disputed bills or extensions; provided, that the request or complaint is received by the City within the required time frame. For complaints or requests pertaining to disputed bills, the customer must submit the complaint or request within fifteen (15) calendar days of receiving the disputed bill which shall be calculated by counting five (5) calendar days from the date the City mailed the disputed bill. For requests for an extension in time to pay a bill, the requests must be received within ten (10) calendar days of the date the City first mails or posts the notice of discontinuance of service pursuant to this chapter. For requests for extensions, the review shall include consideration of whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, not to exceed twelve (12) months.
(Ord. 14-008 § 1; Ord. 20-002 § 4)
The Finance Director or designee is authorized to investigate complaints and review disputes pertaining to any matters for which service may be discontinued and to rectify errors and settle controversies pertaining to such matters. The Finance Director or designee is also authorized, upon a proper showing by a residential customer of the customer's inability to pay a delinquent bill during the normal period, to grant permission to amortize the unpaid balance over a reasonable period of time, not to exceed twelve (12) months.
(Ord. 14-008 § 1; Ord. 20-002 § 5)
If an amortization agreement is authorized by the Finance Director, no discontinuance of service shall be effected for any residential customer complying with such agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. The City may discontinue water service if a customer who has been granted an alternative payment arrangement under this section fails to do any of the following for sixty (60) days or more:
A.
To pay his or her unpaid charges by the extended payment date;
B.
To pay any amount due under an alternative payment schedule or amortization agreement; or
C.
To pay his or her current charges for water service.
The City will post a final notice of intent to disconnect service in a prominent and conspicuous location at the service address at least five (5) business days before discontinuation of service. The final notice will not entitle the customer to any investigation or review by the City.
(Ord. 14-008 § 1; Ord. 20-002 § 6)
Continued habitation of any building or continued operation of any commercial or industrial facility where water service has been discontinued is declared to be a public nuisance. The City may cause proceedings to be brought for the abatement of the occupancy of the building or industrial or commercial facility during the period of such violation.
(Ord. 14-008 § 1)
During the period of any disconnection, the habitation of such disconnected premises by human beings shall constitute a public nuisance, which shall authorize the City to bring proceedings for the abatement of the occupancy of the premises during the period of the disconnection. In such event, and as a condition of restoring service, the City shall be paid necessary charges for or incurred in the restoration of service. In any administrative action or legal proceeding initiated by the City to abate a public nuisance under this chapter, the prevailing party shall be entitled to recover attorney's fees; provided, that attorney's fees shall only be available in those actions or proceedings in which the City has provided notice at the commencement of such action or proceeding that the City intends to seek and recover attorney's fees.
(Ord. 14-008 § 1)
A.
In the event that any customer fails to make any payment provided for in this chapter, the customer and subject property shall be in default, and the City may declare the balance, or any remaining balance, due and payable.
B.
In the event the City is required to bring legal action to enforce any provision of this chapter, including but not limited to the collection of delinquent fees, penalties or other charges, the prevailing party shall be entitled to recover its reasonable attorney's fees, interest, court costs and other costs incurred in such action; provided, that such fees shall only be available in those actions or proceedings in which the City has provided notice at the commencement of such action or proceeding that the City intends to seek and recover attorney's fees.
(Ord. 14-008 § 1)
The City declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty.
(Ord. 14-008 § 1)
The remedies set forth in this article for the collection and enforcement of rates, charges and penalties are cumulative and may be pursued alternatively, concurrently or consecutively.
(Ord. 14-008 § 1)
Each and every day or part of a day that a violation of this chapter continues shall be deemed a separate offense under this chapter and shall be punishable as such.
(Ord. 14-008 § 1)