Chapter 14.12
WATER RATES AND CHARGES*
Sections:
14.12.020 Water Rates Established.
14.12.060 Building Construction Purposes.
14.12.085 Establishing Service.
14.12.090 Delinquent Water Service Discontinuance and Fees.
14.12.120 Discontinuance Notice.
14.12.125 Delinquent Water Service Restoration.
14.12.130 Deposit Requirements.
14.12.135 Service Interference.
14.12.140 Customer Request for Service Discontinuance.
14.12.150 Third-Party Notification.
14.12.160 Landlord and Tenant.
* Prior history: 1949 Code §§ 7208, 7210, 7211, 7211(a), 7211.1—7211.4, 7212, 7214(a) and (b), 7215, 7216 and 7218—7224; Ords. 610, 823, 934, 948, 975, 1009, 1020, 1083, 1102, 1206, 1264, 1360, 1373, 1463, 1693, 1728, 1744, 1823, 1853, 84-14, 85-16, 86-10, 88-11, 89-2, 89-11, 90-21, 91-20 and 92-31.
14.12.010 Service Fees.
A. The fees for the installation of water services, water meters or water services including meters, or changing the size of those services already in place, shall be paid in advance.
B. The installation fee for a water service shall be the City’s costs including all labor and materials. The installation fee shall be as established by the Utilities Department, and the cost shall be paid to the Finance Department by the person applying for such installation before the work of connecting the main with the property is begun.
C. The installation fee for a new meter or change in meter size to an existing water service is identified by City Council resolution. (Ord. 2019-16 § 1, 2019; Ord. 2016-14 § 3, 2016; Ord. 2011-30 § 1, 2011: Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.020 Water Rates Established.
A. There shall be charged and collected a monthly fixed water service charge, established by resolution of the City Council, from each customer for each meter. The fixed water service charge recaptures the City’s costs to operate and maintain the water system.
B. There shall be charged and collected a commodity charge, established by resolution of the City Council, for water supplied to consumers through a meter. (Ord. 2019-16 § 2, 2019: Ord. 2009-29 § 1, 2009: Ord. 2005-13 § 1, 2005: Ord. 96-22 § 1 (part), 1996: Ord. 95-22 § 1, 1995: Ord. 94-31 § 1, 1994: Ord. 93-9 § 1, 1993: Ord. 92-56 § 1 (part), 1993)
14.12.050 Meter Installation.
The City, as a condition of water service, shall have the right to install water meters on any and all water services, and the charges for water used through the meter shall be in accordance with the applicable meter rates established by resolution of the City Council. (Ord. 2019-16 § 3, 2019: Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.060 Building Construction Purposes.
Service may be made to a lot or parcel of land on which a building is being constructed for construction purposes only from the time the building permit is issued until the building is completed or until the time a water meter is installed to serve such lot or parcel, whichever first occurs at the rate established by resolution of the City Council. (Ord. 2019-16 § 4, 2019: Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.070 Nonspecified Uses.
Water used for all other purposes not hereinbefore enumerated shall be furnished and charged at either existing meter rates or at a special rate to be fixed by the City Council under separate agreement with the consumer. (Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.080 Private Fire Lines.
Fees for private fire line service shall be charged at a rate established by resolution of the City Council.
If such line is found tapped for domestic use, a meter shall be installed on such service at the expense of such consumer and the regular meter rates shall be charged thereafter. The right shall be reserved to disconnect such fire service from the City’s main by the direction of the City Council on recommendation of the City Manager. (Ord. 2019-16 § 5, 2019: Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.085 Establishing Service.
A. When establishing an account the customer shall pay a fee as set forth by resolution of the City Council to establish water service in the customer’s name at the property. The fee shall be payable upon application for water service.
B. An application for water service, as provided by the Revenue Division of the Finance Department, shall be used for the purpose of establishing water service into a new customer’s name. Property owners may enter into a continuous service agreement which will authorize the transfer of water service into the name of the property owner upon a tenant’s notice to discontinue service. Property owners shall be responsible for all water service charges at their premises. Water service will not be established in the name of a customer other than the property owner without the written authorization of the owner, or the owner’s authorized representative.
C. Upon application and payment of an establishment fee, the water will be turned on. (Ord. 2020-2 § 1, 2020; Ord. 2013-11 § 78, 2013; Ord. 2011-11 § 1, 2011; Ord. 2006-13 § 1, 2006: Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.090 Delinquent Water Service Discontinuance and Fees.
A. A customer’s service may be discontinued for any of the following:
1. A violation of any of the provisions of this chapter.
2. If ordered turned off by the owner or tenant.
3. For failure to establish a water service agreement with the City.
4. In situations other than as set forth in subsection (A)(5) of this section, for nonpayment of a bill for services previously rendered to the customer at any location served by the City provided such bill has been delinquent for at least sixty (60) days and is not paid within seven business days after mailing of a delinquent notice.
5. For failure to abide by the terms of an alternative payment arrangement entered into between the City and the customer, as provided in subsection (C)(3) or (4) of this section, by failing to do any of the following for sixty (60) days or more:
a. Pay his or her unpaid charges by the extended payment date;
b. Pay any amortized amount due under the amortization schedule;
c. Pay any amount due under an alternative payment schedule; or
d. Pay his or her current charges for water service.
B. The City is not responsible or liable for damage done to the customer’s premises that may result from the discontinuance or restoration of water service pursuant to this chapter.
C. Service may not be discontinued for nonpayment on any Saturday, Sunday, legal holiday or at any time during which the business offices of the City are not open to the public or in any of the following situations:
1. During the pendency of an investigation by the City of a customer formal dispute of a bill or the appeal thereof.
2. When such discontinuance would be especially dangerous to the health of the customer or a full-time resident of the customer’s household. Certification from a licensed physician, public health nurse or social worker may be required by the City.
3. For residential customers, when the:
a. Customer, or a tenant of the customer, submits to the City the certification of 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 where residential service is provided;
b. The customer is financially unable to pay for residential service within the City’s normal billing cycle; and
c. The customer is willing to enter into an alternative payment arrangement, including an extension, amortization, alternative payment schedule, or payment reduction with respect to the delinquent charges.
The customer is deemed financially unable to pay during the normal billing cycle if: 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 the customer declares that the household’s annual income is less than two hundred (200) percent of the Federal poverty level.
A customer who meets all of the above conditions set forth in this subsection shall be permitted to amortize any unpaid balance of the delinquent account over a reasonable period of time, not to exceed twelve (12) months.
4. When the customer or full-time resident of the customer’s household is temporarily unable to pay for such service and is willing to enter into an alternative payment arrangement with the City, including but not limited to, paying the amount due by a specified date or entering into an installment payment plan satisfactory to the City.
D. The fee for discontinuance shall be the City’s costs including all labor and materials and is identified by Council resolution. In addition to the past due charges, a penalty fee equal to ten (10) percent of the delinquent amount past due will be added.
E. In addition to discontinuation of water service, the City may pursue any other remedies available in law or equity for nonpayment of water service charges, including, but not limited to: securing delinquent amounts by filing liens on real property, filing a claim or legal action, or referring the unpaid amount to collections. In the event a legal action is decided in favor of the City, the City shall be entitled to the payment of all costs and expenses, including attorneys’ fees and accumulated interest.
F. The City Manager shall create and promulgate a written policy, to be available on the City’s website, regarding the discontinuation of residential water services for nonpayment. Such policies shall be in conformance with the requirements of California Health and Safety Code Section 116900 et seq. (Ord. 2023-22 § 649, 2023; Ord. 2020-2 § 2, 2020: Ord. 2011-30 § 2, 2011: Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.095 Customer Requests.
Except for the discontinuation of water service for failure to abide by the terms of an alternative payment arrangement, as provided in Section 14.12.090(A)(5), any residential customer who has initiated a complaint or requested an investigation up to the calendar day prior to scheduled date of service discontinuation, as stated in the delinquent notice required by Section 14.12.110, or who has, before discontinuance of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment, shall be given an opportunity for review of the complaint, investigation, or request by the City. The review shall include consideration of whether the customer shall be permitted to defer payment on the bill for thirty (30) days or participate in an alternative payment arrangement where the unpaid balance of the delinquent account is paid back monthly, over a period not to exceed twelve (12) months.
Any customer whose complaint or request for an investigation has resulted in an adverse determination by the City’s Revenue Division may appeal the determination to the Finance Director. (Ord. 2023-22 § 650, 2023; Ord. 2020-2 § 3, 2020: Ord. 2013-11 § 79, 2013; Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.100 Due Date.
All customers whose premises are connected to the municipal water system shall be billed on a regularly scheduled basis and all charges shall be received by the due date indicated on the municipal services statement, of which said due date shall be no less than nineteen (19) days after the date of mailing. (Ord. 2023-22 § 651, 2023; Ord. 2020-2 § 4, 2020: Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.105 Change of Address.
Failure to receive mail will not be recognized as a valid excuse for failure to pay charges when due. It is the customer’s responsibility to notify the Revenue Division of any changes in mailing address or customer information.
Change in the ownership of a property supplied with City water and changes in customer status must be filed in writing at the Revenue Division on forms provided for that purpose. (Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.110 Delinquent Notice.
A. Except for the discontinuation of water service for failure to abide by the terms of an alternative payment arrangement, as provided in Section 14.12.090(A)(5), when a municipal services statement has become past due, City shall, no less than seven business days prior to the discontinuance of water service, mail a delinquent notice to the customer address and attempt to contact the customer by telephone.
B. A delinquent notice under this section shall state that the present service will be discontinued for nonpayment of such bill for prior service and include 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 arrangements for payment are required to avoid service discontinuance.
4. The procedure to apply for an extension of time to pay the delinquent charges.
5. The procedure to petition for bill review and appeal.
6. The procedure to request a deferment of the payment for thirty (30) days, or a payment plan.
C. If a residential customer is contacted by telephone, the City shall offer to provide the City’s policy on discontinuation of residential water service. The City shall also offer to discuss options to avert discontinuation for nonpayment, including, but not limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaid balance, and payment plans and petitions for bill review and appeal.
D. Should the City be unable to contact a residential customer or an adult occupying the residence by telephone, and written notice is returned through the mail as undeliverable, prior to discontinuation of water service, the City shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place, a notice of imminent discontinuation of water service for nonpayment and the City’s policy for discontinuation of residential service for nonpayment. (Ord. 2023-22 § 652, 2023; Ord. 2020-2 § 5, 2020: Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.120 Discontinuance Notice.
A. Except as provided in subsection (B) of this section, at least forty-eight (48) hours prior to the discontinuance of residential water service, the City shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place of, a notice of imminent discontinuation of residential service for nonpayment, and the City’s policy for discontinuation of residential service for nonpayment. Every notice of intent to discontinue water service shall include 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 arrangements for payment is required in order to avoid service discontinuance.
4. The procedure by which the customer may initiate a complaint or request an investigation concerning services or charges.
5. The procedure by which the customer may request amortization of the unpaid charges.
6. The procedure for the customer to obtain information on the availability of financial assistance, including private, local, State, or Federal sources, if applicable.
7. The telephone number of the representative of the City’s Revenue Division who can provide additional information or institute arrangements for payment.
B. Prior to discontinuation of service for failure to abide by an alternative payment arrangement that was entered pursuant to Section 14.12.090(C)(3), the City shall leave a final notice of intent to disconnect service in a prominent and conspicuous location 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 City. (Ord. 2020-2 § 6, 2020: Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.125 Delinquent Water Service Restoration.
A. Service that has been discontinued may not be restored until payment of all delinquent water service charges, including the restoration charge and a fine of one hundred dollars ($100.00), have been received by the Finance Department.
1. Upon payment, service shall be restored during regular or nonregular working hours.
2. The restoration charge for meter turn on during regular and nonregular work hours is identified by Council resolution.
3. For a residential customer who demonstrates that their household income is below two hundred (200) percent of the Federal poverty line, such restoration charge shall not exceed the lesser of fifty dollars ($50.00) or the cost of services during regular work hours; or exceed the lesser of one hundred fifty dollars ($150.00) or the cost of services during nonregular work hours. Effective January 1st of each year, such charges shall automatically adjust annually to reflect changes in the Consumer Price Index for the preceding twelve (12) months, rounded down to the nearest dollar.
4. Regular work hours are Monday through Thursday, 7:00 a.m. to 4:30 p.m., and Friday, 7:00 a.m. to 3:30 p.m. (Ord. 2023-22 § 653, 2023; Ord. 2020-2 § 7, 2020: Ord. 2011-30 § 3, 2011: Ord. 2011-11 § 2, 2011; Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.130 Deposit Requirements.
A. In the event that the applicant for water service is not the owner of the property to be supplied with water or does not own the improvements thereon, and the property is located in a nonresidential zone, a deposit shall be required equivalent to one and one-half (1 1/2) times the average billing for the facility or for the user classification applicable to the property, as determined by the Revenue Division Manager.
B. In the event that the water service customer has had his/her water service discontinued twice for nonpayment, a deposit shall be required equivalent to two times the average regularly scheduled billing for the customer before water will be restored. Water service will not be discontinued for nonpayment until the amount of any deposit made to establish credit for that service has been fully absorbed. (Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.135 Service Interference.
It is unlawful for any person to receive water after service discontinuance by the City, without full compliance with the provisions of this chapter. (Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.140 Customer Request for Service Discontinuance.
A. Whenever a customer desires to discontinue service, the customer shall give not less than two working days’ (forty-eight (48) hours) written notice thereof to the Revenue Division of the Finance Department.
B. In accordance with such notice, the City shall read the water meter, prepare a closing statement of all unpaid bills for water furnished by the City to the customer up to that time and, unless a current continuous service agreement with the property owner is in place, shut off the water to the premises. If the customer has a deposit with the City, the Finance Department will return the balance, after deducting any unpaid charges. (Ord. 2013-11 § 80, 2013: Ord. 2006-13 § 2, 2006: Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.150 Third-Party Notification.
The City shall make available to its residential customers who are dependent adults, as defined in California Welfare and Institutions Code Section 15610(b)(1), a third-party notification service, whereby the City will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to discontinuation. The notification shall include information on what is required to prevent discontinuance of service. The residential customer shall make a request for third-party notification on a form provided by the City and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay discontinuance of service. (Ord. 2023-22 § 654, 2023; Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.160 Landlord and Tenant.
Whenever the City furnishes either individually metered or master metered water service to residential occupants in a single-family dwelling, multi-unit residential structure or mobile home park, where the owner, manager or operator is listed as the customer of record, the City shall make a good faith effort to inform the residential occupants, by means of a written notice, when the account is in arrears, that service will be terminated at least fifteen (15) days prior to such discontinuance. Such notice shall further inform the residential occupants that they have the right to become customers to whom service will then be billed, without being required to pay any amount which may be due on the delinquent account.
The City shall not be required to make water service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service. However, if one or more of the residential occupants are willing and able to assume responsibility for the entire account to the satisfaction of the City, or if there is a physical means legally available to the City of selectively discontinuing service to those residential occupants who have not met the requirements of the City, the City shall make water service available to those residential occupants who have met those requirements.
Notices required under this section shall be mailed to and left in a prominent and conspicuous location at the service address. (Ord. 2023-22 § 655, 2023; Ord. 2020-2 §§ 8, 9, 2020: Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)
14.12.170 Unsafe Equipment.
The City may refuse to establish or may discontinue service to any customer if any part of the plumbing or other equipment, or use thereof, is determined by the City to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or of any condition existing upon the customer’s premises shall be determined to endanger the City’s service facilities, until it shall have been put in a safe condition or the violation remedied. The City does not assume any responsibility of inspecting or repairing the customer’s plumbing or other equipment or any part thereof and assumes no liability therefor. (Ord. 96-22 § 1 (part), 1996: Ord. 92-56 § 1 (part), 1993)