Chapter 13.04
GENERAL PROVISIONS

Sections:

13.04.010    Definitions.

13.04.020    Deposit for utility services – Required prior to connection.

13.04.030    Deposit for utility services – Amount for water service.

13.04.040    Deposit for utility services – Amount for electric service.

13.04.050    Deposit for utility services – When refunded.

13.04.060    Guaranty of payment in lieu of utility service deposit – Requirements.

13.04.070    Guaranty of payment in lieu of utility service deposit – Exception to requirement – Charges to reconnect utilities.

13.04.080    Guaranty of payment in lieu of utility service deposit – Form.

13.04.090    Bond required of collector of water and power rates.

13.04.100    Illegal tapping of water or electrical systems prohibited.

13.04.110    Tampering with water and electric meters prohibited.

13.04.120    Tampering with electric poles and wires prohibited.

13.04.130    Use of electrical power for construction purposes – Service application required.

13.04.140    Use of electrical power for construction purposes – Rates.

13.04.150    Use of electrical power for construction purposes – Temporary pole construction requirements.

13.04.160    Use of electrical power for construction purposes – Installation of three phase power.

13.04.170    Use of electrical power for construction purposes – Notice of completion of construction.

13.04.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Applicant” means the person making application to the City for water or electric utility services.

“Deposit” means a deposit of money paid in advance by an applicant for water or electric services.

“Guarantor” means the person executing a guaranty of payment for an applicant applying for water or electric utility services.

“Guaranty of payment” means a written promise by the guarantor to pay unpaid charges of an applicant for water and electric utility charges due the City. (Ord. 763 § 1, 1984; Ord. 424 § 1. Code 1964 § 15-1.)

13.04.020 Deposit for utility services – Required prior to connection.

A deposit shall be required from all applicants applying for water or electric utility services from the City except as otherwise prescribed in this chapter, and such deposit shall be collected prior to any service connection being made. (Ord. 763 § 1, 1984; Ord. 424 § 2. Code 1964 § 15-2.)

13.04.030 Deposit for utility services – Amount for water service.

The deposit for water service required by HMC 13.04.020 shall be as follows:

A.    For domestic service, a deposit of $10.00 shall be collected.

B.    For all other services, a deposit in the amount of twice the estimated average monthly bill of persons engaged in comparable activities, but in no case less than $5.00. (Ord. 763 § 1, 1984; Ord. 579 § 1; Ord. 424 § 3. Code 1964 § 15-3.)

13.04.040 Deposit for utility services – Amount for electric service.

A.    For domestic service, a deposit in the amount of twice the estimated average monthly bill of comparable residences shall be collected. In any event, a minimum $15.00 consumer account deposit shall be required.

B.    For all other services, a deposit in the amount of twice the estimated average monthly bill of persons or firms engaged in comparable activities shall be collected. (Ord. 763 § 1, 1984; Ord. 603 § 1; Ord. 579 § 2; Ord. 470 § 1; Ord. 424 § 3. Code 1964 § 15-4.)

13.04.050 Deposit for utility services – When refunded.

Any utility deposit required by HMC 13.04.030 and 13.04.040 may be refunded to the person making such deposit after one year of satisfactory credit experience, and such satisfactory credit experience shall consist of there being no more than two past due bills during the last 12 consecutive months. (Ord. 763 § 1, 1984; Ord. 424 § 4. Code 1964 § 15-5.)

13.04.060 Guaranty of payment in lieu of utility service deposit – Requirements.

In lieu of a deposit as required by HMC 13.04.020, a guaranty of payment signed by a resident freeholder in the City as surety and conditioned to pay all unpaid sums due the City for utility services may be furnished prior to any service connection being made. (Ord. 763 § 1, 1984; Ord. 424 § 5. Code 1964 § 15-6.)

13.04.070 Guaranty of payment in lieu of utility service deposit – Exception to requirement – Charges to reconnect utilities.

No utility deposit shall be required of any person shown on the tax records of the City as the owner of real property in the City; except, that a deposit shall be required in all cases where service has been disconnected for nonpayment of utility bills.

If a consumer’s water or electric service, or both, is disconnected for failure to pay a bill or for a violation of any provisions of this chapter where disconnection is authorized, the amount of $2.00 plus all outstanding utility accounts of the consumer with the City shall be paid before service is restored. If restoration of service after disconnection for nonpayment is requested by a consumer and it is necessary to make such connection between the hours of 5:00 p.m. and 8:00 a.m., the fee for reconnection shall be $10.00 instead of $2.00, and all outstanding accounts of the consumer for utility services by the City shall be paid in full.

A charge of $25.00 shall be made to the utility account of any customer who reconnects his water or electric service or causes the same to be reconnected after discontinuance for nonpayment of accounts without the permission of the water and light collector. (Ord. 763 § 1, 1984; Ord. 534 § 2. Code 1964 § 15-7.)

13.04.080 Guaranty of payment in lieu of utility service deposit – Form.

The form of guaranty of payment provided for in HMC 13.04.060 shall be substantially as follows:

CITY OF HEALDSBURG

GUARANTY OF PAYMENT

I, the undersigned guarantor, for valuable consideration and in accordance with the provisions of HMC 13.04.010 to 13.04.070 of the Code of the City of Healdsburg do hereby covenant and promise as a surety and guarantor that I will pay all sums of money unpaid by applicant and due to said City for water and/or electric utility services furnished to (name of applicant), applicant; and I hereby waive all notice of nonpayment or demand upon the said (name of applicant).

This guaranty is unconditional and continuous until discharged by the Water and Light Collector of the City of Healdsburg.

Dated: 20_____.

(Ord. 763 § 1, 1984; Ord. 424 § 7. Code 1964 § 15-8.)

13.04.090 Bond required of collector of water and power rates.1

Before entering upon the duties of his office, the collector of water and electric light and power rates shall give a good and sufficient bond to the City in the penal sum of $5,000, conditioned for the faithful performance of his duties as such collector, such bond to be accepted and approved by the City Council as bonds of other City officers are accepted and approved. (Ord. 763 § 1, 1984; Ord. 258 § 1. Code 1964 § 15-9.)

13.04.100 Illegal tapping of water or electrical systems prohibited.2

No person shall unlawfully connect or procure another to connect with any water main or with any electric wire or any electric apparatus owned or operated by the City without the knowledge and consent of the water and light collector.

No person shall improperly make or procure to be made such connection for the purpose of appropriating water or electric current and to evade payment therefor. (Ord. 763 § 1, 1984; Ord. 151 § 1. Code 1964 § 15-10.)

13.04.110 Tampering with water and electric meters prohibited.3

No person shall injure or alter or procure to be injured or altered any water meter or electric meter, or obstruct the working of the same with the intent to evade payment of water or electric charges.

No person shall maliciously tamper with or injure any such water meter or electric meter. (Ord. 763 § 1, 1984; Ord. 151 § 1. Code 1964 § 15-11.)

13.04.120 Tampering with electric poles and wires prohibited.

No person shall willfully injure, destroy or deface or in any manner interfere with any of the poles or wires of the electric lighting system of the City. (Ord. 763 § 1, 1984; Ord. 40 § 1. Code 1964 § 15-12.)

13.04.130 Use of electrical power for construction purposes – Service application required.4

Users of electrical power for all construction purposes shall make a regular service application at the office of the water and light collector, and pay the required deposit fee. (Ord. 763 § 1, 1984; Ord. 340 § 1. Code 1964 § 15-13.)

13.04.140 Use of electrical power for construction purposes – Rates.

Rates to be charged for electrical energy consumed by users of electrical power for construction purposes shall be according to the commercial power schedule (P-1) as set forth in HMC 13.08.010. (Ord. 763 § 1, 1984; Ord. 340 § 2. Code 1964 § 15-14.)

13.04.150 Use of electrical power for construction purposes – Temporary pole construction requirements.

The minimum requirements for a temporary pole construction service shall be those as set forth in a sketch on file with the electrical inspector of the City. (Ord. 763 § 1, 1984; Ord. 340 § 3. Code 1964 § 15‑15.)

13.04.160 Use of electrical power for construction purposes – Installation of three phase power.

A temporary construction service requiring three phase power, where the same is not available at the location required, shall be charged on a time and material basis for the outlay necessary to install this service. An estimate of the cost shall be made and a deposit placed with the water and light collector to cover such cost before the service is energized. The differential between the deposit and actual cost will be made up or refunded at the terminus of the temporary service. (Ord. 763 § 1, 1984; Ord. 340 § 4. Code 1964 § 15-16.)

13.04.170 Use of electrical power for construction purposes – Notice of completion of construction.

Upon completion of any construction for which temporary service has been rendered, the contractor shall notify the water and light collector to disconnect the service. (Ord. 763 § 1, 1984; Ord. 340 § 5. Code 1964 § 15-17.)


1

For state law as to authority of city to require bonds of employees of the city, see Government Code § 36519.


2

For state law as to taking water from main in order to avoid payment, see Penal Code § 498. As to obtaining electricity without passage through meter, see Penal Code § 498.


3

For state law as to tampering with electrical lines and systems, see Penal Code §§ 591, 593, 593b.


4

As to building regulations generally, see Chapter 15.04 HMC.