Chapter 3.70
UTILITY SERVICES BILLING

Sections:

3.70.010    Level of service charges.

3.70.020    Service account creation.

3.70.030    Billing procedures.

3.70.040    Due dates and payment of bills.

3.70.050    Late charges and overdue interest.

3.70.060    Nonpayment of charges.

3.70.070    Household hazardous waste availability fee.

3.70.080    Service interruptions.

3.70.010 Level of service charges.

The City Council may establish the amount of utility service charges by resolution. [Ord. 9-2010 §2, eff. 6-25-2010]

3.70.020 Service account creation.

A. Service accounts will be created and billing activities will commence upon the occurrence of the following:

1. Storm Drain. All parcels as defined in EGMC Chapter 15.10 must have a billing account created. Pursuant to California Health and Safety Code Section 5471, the City may elect to have the storm drain utility charges collected with the property tax rolls.

2. Solid Waste.

a. Immediately following an application for solid waste or other utility services to the parcel or written notice that the residential parcel has become occupied or reconnected to utilities;

b. Immediately upon written notification by the customer or occupant of the residential parcel to the City Manager that construction of a new, renovated or repaired structure on the residential parcel is completed;

c. Upon approval of occupancy for a City building permit for occupancy.

B. Applications. All customers shall complete an application for service. The application shall be made on the form provided by the City. Before service is provided, the applicant must provide all information requested, show proper identification, sign the application and pay any applicable deposits.

C. Deposits.

1. Applicants for both residential and commercial utility services will be required to establish credit before receiving such service. The amount of the deposit shall be set by the City Council by resolution.

2. Applicant shall not be required to pay the deposit established by this chapter under the following circumstances:

a. Applicant has been a user of the City utility service for twelve (12) consecutive months within the previous eighteen (18) months and during such time has paid all bills without delinquency;

b. Applicant provides the City with a credit reference from another utility company showing no instances of late or nonpayment for no less than twelve (12) consecutive months prior to the date of commencement of service in the City of Elk Grove.

3. If service is discontinued for nonpayment, the City may apply any deposit on file as necessary to liquidate the account. After a cash deposit has stood unimpaired for twelve (12) billing cycles, such deposit shall be credited to the depositor’s account. Upon closing an account, the balance of any remaining deposit after the closing bill for service has been paid shall be returned to the depositor. [Ord. 9-2010 §2, eff. 6-25-2010]

3.70.030 Billing procedures.

A. Forms of Bills.

1. The City may bill and collect service charges together with rates, fees, tolls and charges of any other City-administered utility, as authorized by the City Manager.

2. The storm drainage utility billing shall be based on the use of the parcel as determined in EGMC Title 15. For each parcel of property there shall be only one (1) unit for purposes of billing for storm drainage services. In no case shall a parcel be divided into smaller units for billing purposes. The initial bill for storm drainage utility service shall be based on current parcel numbers, square footage and use codes on record in the County Assessor’s Office, unless the City Manager determines that the actual use of the parcel is different than the use reflected in the use codes, in which case the billing shall be based on the actual use of the parcel.

B. Billing Adjustments. The City Manager may adjust service charges on any bill in the manner that he/she deems appropriate. The City Manager may issue an adjustment to a utility account up to one (1) year from point of bill presentation during the cycle in which the dispute is first (1st) brought to the attention of the City’s Utility Billing Department. [Ord. 9-2010 §2, eff. 6-25-2010]

3.70.040 Due dates and payment of bills.

A. The City may bill the service charges monthly, bi-monthly, quarterly or annually, in advance or arrears, as determined by the City Manager. The City Finance Department will collect bill payments. The service charges are payable on presentation of the bill and are due on the date shown on the face of the billing statement and are delinquent if payment is not received by the due date. The bill must clearly state the due date.

B. Payments made by mail must be received no later than close of business for City offices on the due date. The City Manager may provide for payments to be made in person on or before the due date between posted hours on posted days, at specified locations. If a customer does not enclose full payment for all the service charges on the consolidated utility billing statement, the City will allocate the amount paid to each service charge proportionally. [Ord. 9-2010 §2, eff. 6-25-2010]

3.70.050 Late charges and overdue interest.

If any service charge becomes delinquent, a late charge of ten (10%) percent of the amount that has become delinquent will accrue thereon. The delinquent amount and late charge will thereafter accrue added overdue interest equal to the lesser of one and five-tenths (1.5%) percent per month and the maximum amount permitted by law until paid or placed on the annual tax bill. If the delinquent amount and a late charge are placed on the annual tax bill, the total delinquent amount plus all penalties will incur an additional ten (10%) percent penalty. [Ord. 9-2010 §2, eff. 6-25-2010]

3.70.060 Nonpayment of charges.

A. Storm Drain Lien.

1. The City shall notify the assessee shown on the latest equalized assessment roll whenever delinquent and unpaid fees, which would become a lien on the parcel pursuant to subsection (B) of this section, remain delinquent and unpaid for sixty (60) days.

2. The storm drainage service fee and any penalties levied pursuant to this chapter shall constitute a lien upon the parcel subject to the fee, as provided for in Section 5473.11 of the Health and Safety Code, if the fee remains delinquent for a period of sixty (60) days and the City has notified the assessee of the parcel shown on the latest equalized assessment roll of the delinquent fees and the lien provided by this section.

3. The lien provided herein shall have no force or effect until a certificate specifying the amount of the unpaid fees is recorded with the Sacramento County Clerk-Recorder.

4. Any delinquent storm drainage service fees and penalties may be collected on the tax roll in the same manner and at the same time as the City’s ad valorem property taxes.

B. Other Utility Services.

1. Service shall be subject to termination if the bills, plus any applicable fees and penalties, remain unpaid for a period in excess of two (2) billing cycles. Delinquent amounts not paid by the time the next bill is prepared shall be separately stated on the next bill rendered to the customer, and such amount shall be subject to a late charge as described in this section and such statement shall constitute a notice of the delinquency to the customer.

2. If the bill is not paid within forty-seven (47) days after the notice specified in subsection (A) of this section, a final notice shall be provided to the customer advising that service will be discontinued if payment of the entire amount then due is not made within thirty (30) days after the date such notice was mailed.

3. Customers shall pay their account in full or establish a repayment plan to the satisfaction of the Finance Director within thirty (30) days of the postmark date of the final notice.

4. If service is interrupted due to nonpayment and a deposit and application have not been previously collected, a deposit and an application shall be required to re-start services. A disconnect/reconnect fee shall be imposed on the customer at that time, whether or not all their containers have been retrieved. The amount of the disconnect/reconnect fee shall be as established by the City Council by resolution. If a customer receives service at more than one (1) location and the bill for service at one (1) location is not paid within the time provided for payment, service at all locations may be discontinued. When a service is discontinued due to nonpayment, service shall not be resumed until all charges, fees and penalties are paid. A customer’s current service may be discontinued if the closing bill for service furnished at a previous location is not paid within sixty (60) days of transfer. No person who owes delinquent amounts to the City on either a closed or current account may open a new utility account until all such delinquent accounts have been paid.

5. Upon notification that a property may be under a foreclosure or short sale action, the City will discontinue solid waste services to the affected parcel.

6. Upon confirmation by a visual inspection of the property by either the City’s residential contracted service provider or the City’s Code Enforcement Department that the property is vacant, the City will discontinue solid waste service to the vacant parcel.

7. Solid Waste Assessment and Lien. In addition to any other remedy allowed by law, the City may collect delinquent solid waste fees or charges in the manner provided in Section 25831 of the Government Code as applied to cities in Section 38790.1 of the Government Code. [Ord. 37-2011 §2, eff. 2-10-2012; Ord. 9-2010 §2, eff. 6-25-2010]

3.70.070 Household hazardous waste availability fee.

The City may charge a monthly fee to all residents approved for a service interruption pursuant to this chapter or garbage exemption or as provided for in EGMC Title 30. The amount of this fee shall be set by the City Council by resolution. [Ord. 9-2010 §2, eff. 6-25-2010]

3.70.080 Service interruptions.

The City Council may by resolution adopt a service interruption policy for the temporary suspension of all solid waste services (trash, green waste and recycling). No suspension of storm drain service shall be permitted. [Ord. 9-2010 §2, eff. 6-25-2010]