Chapter 6.40
DISCONNECTION FOR NONPAYMENT
Sections:
6.40.010 Disconnection for nonpayment.
6.40.020 Complaint procedures for disconnection.
6.40.030 Refusal or neglect to pay debt.
6.40.040 Lien against property for nonpayment.
6.40.050 Service charges for violations.
6.40.070 Authorization for continuance of service for delinquent accounts.
6.40.080 Special medical and financial circumstances.
6.40.090 Reconnection fee limits.
6.40.100 Reestablishment of service.
6.40.105 Reestablishment of service after business hours.
6.40.110 Questions and assistance.
6.40.115 Discontinuation of water service policy – Copy of policy.
6.40.010 Disconnection for nonpayment.
If a bill is delinquent for 60 days or more, water service may be discontinued by the district. The district will not disconnect water service on any Saturday, Sunday, legal holiday, or at any time during which the business offices of the district are not open to the public. [Ord. 88 § 2 (Exh. A), 2020; Ord. 73 § 12.01, 2002].
6.40.020 Complaint procedures for disconnection.
Service disconnection for nonpayment of bills or for violation of any of the district’s rules, regulations, ordinances or resolutions is subject to the complaint procedures specified in Chapter 6.35 HDWDC. [Ord. 88 § 2 (Exh. A), 2020; Ord. 73 § 12.02, 2002].
6.40.030 Refusal or neglect to pay debt.
Any amount due is a debt to the district and any person, firm or corporation failing, neglecting, or refusing to pay this debt may be subject to a civil action for the amount due in a court of competent jurisdiction. [Ord. 88 § 2 (Exh. A), 2020; Ord. 73 § 12.03, 2002].
6.40.040 Lien against property for nonpayment.
Any unpaid debt for which a property owner is responsible will be deemed a lien against the real property to which service is rendered as specified herein and in California Water Code Section 31701.5 et seq. [Ord. 88 § 2 (Exh. A), 2020; Ord. 73 § 12.04, 2002].
6.40.050 Service charges for violations.
If water service is discontinued for violation of any of the district’s rules, regulations, resolutions or ordinances, service shall not be reinstituted until the violations have been corrected and all applicable service charges and fees as provided for herein paid. [Ord. 88 § 2 (Exh. A), 2020; Ord. 73 § 12.05, 2002].
6.40.060 Partial payments.
A partial payment of a delinquent account may be accepted and credited to a customer’s account, but such partial payment shall not be cause for removing the account from a delinquent status and shall not preclude the meter from being turned off for delinquency. [Ord. 88 § 2 (Exh. A), 2020; Ord. 73 § 12.06, 2002].
6.40.070 Authorization for continuance of service for delinquent accounts.
The general manager, or a designee, may authorize continuation of service to a delinquent account if financial arrangements satisfactory to the district have been established. [Ord. 88 § 2 (Exh. A), 2020; Ord. 73 § 12.07, 2002].
6.40.080 Special medical and financial circumstances.
The district will not discontinue residential water service if all of the following conditions are met:
A. The customer or a tenant living at the service address submits a certification from a licensed primary care provider that discontinuation of water service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises;
B. The customer demonstrates that he or she is unable to pay within the normal billing cycle. The customer is deemed financially unable to pay during the normal billing cycle if: (1) any member of the customer’s household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or (2) the customer declares under penalty of perjury that the household’s annual income is less than 200 percent of the federal poverty level; and
C. The customer is willing to enter into an alternative payment arrangement, including an extension, amortization, or alternative payment schedule with respect to the delinquent charges.
For customers who meet all of the above conditions, the district will offer the customer one of the following options, to be selected by the district in its discretion: (1) an extension; (2) amortization of the unpaid balance; or (3) an alternative payment schedule. The general manager or his or her designee will select the most appropriate payment arrangement, taking into consideration the information and documentation provided by the customer, as well as the district’s payment needs. The general manager or his or her designee, in their reasonable discretion, may authorize a longer term to avoid undue hardship on the customer.
The customer is responsible for demonstrating that the conditions above have been met. Upon receipt of documentation from the customer, the district will review the documentation within seven calendar days and either: (1) notify the customer of the alternative payment arrangement selected by the district and request the customer’s signed agreement to participate in that alternative arrangement; (2) request additional information from the customer; or (3) notify the customer that he or she does not meet the required conditions.
The district may discontinue water service if a customer who has been granted an alternative payment arrangement under this section fails to comply with the alternative payment arrangement for 60 calendar days or fails to pay his or her current bills for water service for 60 calendar days. The district will post a final notice of intent to disconnect service at the service address at least five business days before discontinuation of service. The final notice will not entitle the customer to any investigation or review by the district. [Ord. 88 § 2 (Exh. A), 2020].
6.40.090 Reconnection fee limits.
For residential customers who demonstrate a household income below 200 percent of the federal poverty line, the district will limit reconnection fees during normal business hours to $50.00, and during nonbusiness hours to $150.00. The limits will only apply if the district’s actual reconnection fees exceed these amounts. These limits are subject to an annual adjustment based on the consumer price index for the Riverside-San Bernardino-Ontario region beginning January 1, 2021. The amount of the current reconnection fee for normal and after-hours is included in HDWDC 6.15.040 and 6.15.050, respectively.
The district will deem a residential customer to have a household income below 200 percent of the federal poverty line if: (A) any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or (B) the customer declares under penalty of perjury that the household’s annual income is less than 200 percent of the federal poverty level. [Ord. 88 § 2 (Exh. A), 2020].
6.40.100 Reestablishment of service.
In order to resume service that has been disconnected for nonpayment, the customer must pay any disconnection fees; any current and past due water billing charges including interest or penalties; any reconnection fees, subject to limitations in HDWDC 6.15.050, and a guarantee deposit if required by the district. The district will endeavor to reconnect service as soon as practicable but, at a minimum, will restore service before the end of the next regular working day following payment as required in this section. Water service that is turned on by any person other than the district personnel or without district authorization may result in damage to district facilities and result in additional charges or fees. Any damages that occur as a result of unauthorized restoration of service are the responsibility of the customer or property owner and service will not be restored until such damages are paid. [Ord. 88 § 2 (Exh. A), 2020].
6.40.105 Reestablishment of service after business hours.
Service restored at the request of a customer after 5:00 p.m. Monday through Thursday, anytime on Friday, weekends, or holidays will be charged an after-hours reconnection fee, subject to limitations in HDWDC 6.15.050. Service will not be restored after regular business hours unless the customer has been informed of the after-hours reconnection fee and has signed an agreement acknowledging the fee and agreeing to contact the district no later than 7:30 a.m. the following business day to pay the subject fee. The after-hours reconnection fee must be paid at the time requested if done so in the office, or by 7:30 a.m. the following business day if requested after regular business hours, and may not be paid later as part of a payment arrangement. District staff responding to service calls are not permitted to collect payment but will instruct the customer to contact the district before 7:30 a.m. the following business day. Services with water meters that have been removed cannot be reestablished after hours.
Sometimes water service is discontinued because the service is for a new account and the district has not received a request to establish service from the new account holder. If service is being restored after regular business hours because the customer has yet to establish an account, the customer must agree to contact the district before 7:30 a.m. the following business day to establish service by completing water account application paperwork and paying new account fees and the after-hours turn on convenience charge. Otherwise, water service will be discontinued at 12:00 p.m. that same day.
Service restored after regular business hours at customer request will be disconnected without further notice if customer fails to follow up with the district office by 7:30 a.m. on the following business day, as the customer committed to do when signing and agreeing to the after-hours turn on. [Ord. 88 § 2 (Exh. A), 2020].
6.40.110 Questions and assistance.
For questions or assistance regarding water bills or avoiding disconnection, the district’s customer service staff can be reached at (760) 365-8333. Customers may also visit the district’s office in person during regular business hours. [Ord. 88 § 2 (Exh. A), 2020].
6.40.115 Discontinuation of water service policy – Copy of policy.
Chapters 6.05, 6.35, and 6.40 HDWDC shall constitute the district’s “policy on discontinuation of water service,” as required under California Health and Safety Code Section 116906. If a customer cannot access a copy of the policy via the district’s website, the district will email a copy of the policy or make one available at the district’s office at no charge on request. If a customer requests a mailed copy, the district will charge for the mailing service but not the document. [Ord. 88 § 2 (Exh. A), 2020].
6.40.120 Annual reporting.
The number of annual discontinuations of water service for nonpayment will be reported on the district’s website and also reported to the State Water Resources Control Board. [Ord. 88 § 2 (Exh. A), 2020].