Chapter 13.12 - Sewer Service and Connection Charges#
13.12.010 - Purpose and authority.#
The ordinance codified in this chapter is adopted pursuant to the authority of Article 4 of Chapter 6 of Part 3, Division 5 of the Health and Safety Code for the purpose of prescribing and providing for the collection and enforcement of charges for sewer services, and charges for the privilege of connecting to sewage facilities.
(Ord. 297B § 1.1, 1975)
13.12.020 - Definitions.#
For the purposes of this chapter, the following words shall be construed as defined in this section, unless otherwise specifically defined in this chapter, or unless the context clearly indicates that a different meaning is intended:
(1) "B.O.D." means biochemical oxygen demand, indicating the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius.
(2) "Commercial facility" means any structure, premises or facility which is neither residential or industrial in character and shall include office, professional and institutional facilities, whether public or private.
(3) "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation, and shall include a mobile home.
(4) "Industrial facility" means any structure, premises or facility used for manufacturing, processing or similar industrial uses, and shall include all uses permitted only within an industrial zone by the zoning ordinance, except residential and commercial uses.
(5) "Residential facility" means any dwelling unit or combination of dwelling units, whether located in a single-family structure, multi-family structure, apartment, board and care facility, condominium or other combination of multiple dwelling units, excepting hotels and motels.
(Ord. 504B § 3, 1988; Ord. 297B § 1.2, 1975)
13.12.030 - Use of revenues.#
Revenues derived under the provisions of this chapter shall be used only for the acquisition, construction, reconstruction, maintenance and operation of the sewer and sanitation systems and facilities of the city, to repay principal and interest on bonds issued for the acquisition, construction or reconstruction of such sewer and sanitation systems and facilities and to repay any federal or state loans or advances made for the construction or reconstruction of such sewer and sanitation systems and facilities; provided, however, that such revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. 297B § 1.3, 1975)
Article I - Sewer Connection Charges#
13.12.040 - Established.#
Sewer connection charges are established in the amounts set forth in this article for the privilege of connecting to city sewer facilities.
(Ord. 297B § 2.1, 1975)
13.12.050 - Factors for types of service.#
(a) Residential Facilities—Except for Hotel and Motel.
| Classification | EDU |
|---|---|
| (1) Very low density | 1.27 EDU |
| (2) Low density | 1.00 EDU |
| (3) Medium density | 1.00 EDU |
| (4) High density | 0.80 EDU |
| (5) High density—Twelve Bridges | 0.80 EDU |
| (6) Age qualified—Low density | 0.72 EDU |
| (7) Age qualified—Medium density | 0.72 EDU |
| (8) Age qualified—High density | 0.72 EDU |
(b) Reserved for "Hotel and Motel."
(c) Commercial or Industrial - Low Strength - Low Quantity: (1) Strength less than 200 mg/l B.O.D. and/or suspended solids, and (2) quantity of less than 25,000 gallons per day.
(1) Special low density - 1.00 EDU per five employees, or fraction thereof:
a. Parking garages. b. Warehouses. c. Storage facilities.
(2) Low density - 1 EDU per 6,000 square feet, or fraction thereof:
a. Churches without kitchen or meeting hall. b. Low usage retail stores (hardware, appliance, furniture).
(3) Medium density - 1.00 EDU per 3,000 square feet, or fraction thereof:
a. Theaters. b. Offices. c. Auditoriums, halls, and lodges. d. Retail stores. e. Schools (without cafeterias or gymnasiums). f. Banks and financial offices. g. Bowling/entertainment centers (without kitchen).
(4) High density - 1.00 EDU per 1,500 square feet, or fraction thereof:
a. Barber/beauty shops (with lavatories). b. Bars. c. Medical/dental offices. d. Schools (with cafeterias or gymnasiums). e. Service stations. f. Sports/fitness centers.
(5) Special commercial users:
| Use | EDU |
|---|---|
| a. Carwashes—per automatic washing stall | 8.00 EDU |
| b. Carwashes—per self-service stall | 2.00 EDU |
| c. Laundromats—per washing machine | ⅔ EDU |
| d. Markets (without disposal)—per 1,000 square feet | ⅔ EDU |
| e. Markets (with disposal)—per 1,000 square feet | 2.00 EDU |
| f. Restaurants, bakeries, cafes—per 1,000 square feet | 2.00 EDU |
| g. Mortuaries—per 1,000 square feet | 2.00 EDU |
| h. Hospitals—per licensed bed | 0.50 EDU |
| i. Rest home—per licensed bed | ⅓ EDU |
| j. Convalescent hospital—per licensed bed | ⅓ EDU |
| k. Memory care facility—per licensed bed | ⅓ EDU |
(6) For other types of commercial or industrial users, an independent study may be reviewed and approved at the discretion of the city engineer.
(d) Commercial or Industrial - Low Strength - High Quantity: (1) Strength less than 200 mg/l B.O.D. and/or suspended solids, and (2) quantity greater than or equal to 25,000 gallons per day. The city may require flow monitoring for verification.
(1) Sewer units based upon discharges as follows:
a. Calculation: gpd flows/((((gpd flows - 25,000/1,000) x 2.15) + 215)
Example: 40,000 gpd flows = 161.8 EDUs
40,000/((15 x 2.15) + 215) = 161.8 EDUs
40,000/247.25 = 161.8 EDUs
(e) Commercial or Industrial - High Strength: (1) Strength greater than 200 mg/l B.O.D. and/or suspended solids, and/or requiring either special handling or treatment.
(1) Calculation of sewer units shall be as follows:
Sewer units = (gpd/215) x (0.61 + (B.O.D./200) x 0.22 + (SS/200) x 0.17 + special treatment or handling costs.
(f) General Regulations.
(1) Not less than one connection per building.
(2) Special provisions can be made within each category where, in the judgment of the city, application of ordinance produces inequities or irregularities requiring revision.
(3) Prescribed connection charges apply only to the particular uses listed; where multiple uses, within the meaning of the connection charge ordinance are contained in the same structure, the city will determine and allocate the respective square footage or employment dedicated to each use, and will determine a composite collection charge composed of the respective collection charges for each such use.
(4) Determination of sewer EDU factors for shell buildings having no use when connecting to the sewage system shall be deferred until such time that subsequent modifications to such buildings results in a classification and use of sewer.
(5) When the use of a building changes, the city retains the right to review the previously paid connection charges and require the payment of additional connection charges based upon the new use. No refunding of previously paid connection charges will be made where the change in use is within a classification with lower connection charge rates.
(6) The city may require additional documentation, procedures, tests or studies to appropriately classify the connection fees. Such requirements may include, but are not limited to, flow monitoring, flow equalization, installation of flow controls, special treatment and specific discharge permitting.
(Ord. No. 1048B, § 5, 7-12-2022; Ord. No. 919B, § 2(Att. 2), 10-11-2016; Ord. 716B § 1, 2002; Ord. 514B § 1, 1989: Ord. 297B § 2.2, 1975)
13.12.060 - Sewer connection charge.#
The basic connection unit charge for residential and non-residential type discharges shall be at the cost established by the most recently adopted Public Facilities Element Fee Program Nexus Study Update for each equivalent dwelling unit that shall be equal to 215 gallons and 0.5 lbs of B.O.D per day.
The sewer connection charge set forth herein shall be subject to an annual adjustment up to the change in the San Francisco Construction Cost Index (CCI) as reported by the Engineering News Record (ENR) for the 12-month period beginning April 1 as determined by resolution of the city council. The annual adjustments shall be effective each July 1.
(Ord. No. 1048B, § 6, 7-12-2022; Ord. No. 862B, § 3, 3-13-2012; Ord. 811B § 1(part), 2006: Ord. 725B § 1(part), 2002: Ord. 710B § 1, 2001: Ord. 545B § 1, 1990; Ord. 514B § 1, 1989: Ord. 424B § 1(part), 1982: Ord. 382B § 2(part), 1981: Ord. 297B § 2.3(part), 1975)
13.12.070 - Payment of connection charges.#
In those cases in which a building permit is not required, connection charges shall be payable as a condition of any land-use approval and, in any event, before connection is made to the city sewer system. For mobile home parks, connection charges shall be paid prior to the time of the first connection of a mobile home lot, for the total number of mobile home lots permitted.
(Ord. 634B § 1, 1996: Ord. 424B § 1(part), 1982: Ord. 382B § 2(part), 1981: Ord. 297B § 2.3(part), 1975)
13.12.075 - Time for connection.#
In the event connection to the city sewer system is not completed within 180 days after payment of the sewer connection charges, the person desiring to connect to the city sewer system will be required to pay the new sewer connection charges due at the time actual connection to the city sewer system is completed with credit being given for any previously paid sewer connection charges.
(Ord. 501B § 4, 1988)
13.12.076 - Establishment of city sewer service connection.#
Connection to the city sewer is deemed established when all structures to be constructed on the property for which sewer service is being requested have been connected to city sewer facilities and are capable of discharging sewage into a public sewer.
(Ord. 504B § 2, 1988)
13.12.080 - Expansion of existing facilities.#
The connection charge for expansion of existing facilities shall be governed by the provisions of Section 13.12.050.
(Ord. 297B § 2.4, 1975)
Article II - Sewer Service Charges#
13.12.090 - Established.#
(a) Sewer service charges are established in the amounts set forth in this article, payable monthly for each facility which has a sewer connection or otherwise discharges sewage into the city sewage system. The charges to be made for service will be set at rates no higher than necessary to enable the city to recover all costs associated with the sewer and sanitary sewer system and shall include any costs for:
(1) Transmitting and treatment of sewer (wastewater); (2) Customer service; (3) Administration; (4) Overhead; (5) Debt service; and (6) Renewal and replacements of facilities.
(b) Sewer rates shall consist of a per equivalent dwelling unit (EDU) cost for residential customers and volumetric charges for non-residential customers and parks. Non-residential customers and parks will be subject to a minimum charge equal to the residential EDU charge.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. 297B § 3.1, 1975)
13.12.100 - Factors for service classifications.#
There is established a monthly unit service charge for the discharge of sewage into the sewer system of the city, on the basis of classification of use, as follows:
| Classification of Use | EDU Charge |
|---|---|
| (a) Residential: For each dwelling unit other than in a hotel, motel or roominghouse | one |
| (b) Hotels, motels and roominghouses: | |
| (1) For each living unit with a kitchen facility | three-fourths |
| (2) For each living unit without a kitchen facility | one-half |
| (c) Commercial and industrial: | |
| (1) Commercial or industrial establishments which do not discharge into the sanitary sewer system except for employee restrooms: | |
| a. Establishments with up to ten employees | one |
| b. For each additional group of ten or fewer employees | one |
| (2) Commercial and industrial users where wastes are not of a residential type or character: The sewer monthly service charge shall be determined by a resolution of the city council on the basis of a study by the city administrator. The city may require pretreatment before acceptance of wastes. | |
| (d) Schools: For each twelve students and employees | one |
| (e) Churches | one |
| (f) Service clubs with bar and/or kitchen, each sixty seats | one |
| (g) Restaurants, taverns, bars: For each twenty seats | one |
| (h) Service stations | two |
| (i) Mobile home parks, per lot | one |
| (j) Others: An equivalent unit service charge shall be fixed by resolution of the city council on the basis of studies submitted by the city administrator. |
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. 297B § 3.2, 1975)
13.12.110 - Basic monthly sewer collections service charge.#
(a) The monthly unit service charge per equivalent dwelling unit (EDU) for residential customers effective October 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, and July 1, 2027, shall be as follows:
| Effective Date | Oct 1, 2023 | Jul 1, 2024 | Jul 1, 2025 | Jul 1, 2026 | Jul 1, 2027 |
|---|---|---|---|---|---|
| Monthly Collection Fixed Charge, $/EDU | |||||
| Residential | $31.59 | $33.17 | $34.83 | $36.58 | $38.41 |
(b) Non-residential customers and parks shall pay a volumetric charge. The volumetric charges shall be based upon each 1,000 gallons of usage as recorded by the customers water meter. Non-residential customers and parks will be subject to a minimum charge equal to the residential EDU charge.
The volumetric charges per each 1,000 gallons will be as follows:
| Effective Date | Oct 1, 2023 | Jul 1, 2024 | Jul 1, 2025 | Jul 1, 2026 | Jul 1, 2027 |
|---|---|---|---|---|---|
| Usage, $/kgal | |||||
| Non-Residential (1) | $4.86 | $5.11 | $5.37 | $5.64 | $5.93 |
| Parks (1) | $0.90 | $0.95 | $1.00 | $1.05 | $1.11 |
(1) Subject to a minimum charge equal to the residential charge.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. No. 888B, § 4, 11-12-2013; Ord. 808B § 1, 2006: Ord. 635B § 1, 1996: Ord. 602B § 1, 1993: Ord. 574B § 1, 1992: Ord. 524B § 1, 1989: Ord. 437B § 1(part), 1983: Ord. 297B § 3.3(a, b), 1975)
13.12.120 - Sewer treatment.#
Previously the city owned and operated the wastewater (sewer) reclamation treatment plant. In December 2022, a joint powers authority was established between the City of Lincoln and Placer County to form the Lincoln SMD1 Wastewater Authority (LiSWA), who would provide the ownership, operation, and maintenance of the wastewater (sewer) reclamation treatment plant. Beginning December 2022, the city had its own treatment-related costs as well as pass-through costs from LiSWA. From Fiscal Year 2024 onwards, the entirety of treatment costs will be a passthrough of costs from LiSWA to the City of Lincoln sewer customers.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
13.12.130 - Lift station surcharge.#
No additional monthly charge will be required to cover the costs of lift station operations, maintenance or replacement.
(Ord. No. 888B, § 4, 11-12-2013; Ord. 602B § 5, 1993: Ord. 297B § 3.4, 1975)
13.12.132 - Capital replacement surcharge.#
No additional monthly charge will be required to cover the cost of replacement of property, plant and equipment used for the purpose of collecting and treating wastewater.
(Ord. 808B § 2, 2006: Ord. 602B § 6, 1993)
Article III - Billing and Collection#
13.12.140 - Direct billing—Regular billing period.#
Unless action is taken pursuant to Article V to collect current sewer service charges on the tax roll, the city shall bill users directly for such charges. The regular billing period shall be monthly, provided that the city administrator may establish quarterly, semiannual or annual billing periods for public schools and other public institutions.
(Ord. 297B § 4.1, 1975)
13.12.150 - Opening and closing bills.#
Opening and closing bills for less than the normal billing period shall be for not less than one month.
(Ord. 297B § 4.2, 1975)
13.12.160 - Due date.#
Charges for service shall be due and payable on the first day following the month or other established billing period such services were used unless otherwise provided.
(Ord. 508B § 5, 1988: Ord. 297B § 4.3, 1975)
13.12.170 - Billing with other utilities.#
The city council may provide that sewer service charges shall be collected with the rates and charges for any other utility service furnished by the city and that any or all such charges may be itemized and billed upon the same bill and collected as one item.
(Ord. 297B § 4.15, 1979)
Article IV - Collection on Tax Roll#
13.12.180 - Authorization by council.#
(a) The city council may, by ordinance approved by a two-thirds vote, elect to have sewer service charges for any forthcoming fiscal year, or delinquent sewer service charges which have accrued, together with interest thereon, or both, collected on the secured tax roll, in the same manner and at the same time as general property taxes.
(b) The city council elects to have delinquent sewer charges, together with any interest or penalties thereon, collected on the secured tax roll, in the same manner and at the same time as general property taxes; provided, that this subsection shall not be construed to prohibit the city from collecting any or all of such charges in any other manner provided by ordinance or law.
(Ord. 407B § 1, 1982; Ord. 297B § 4.4, 1975)
13.12.190 - Report preparation.#
In the event of an election pursuant to Section 13.12.180, a written report shall be prepared and filed with the city clerk, which report shall contain a description of each parcel of real property receiving services and facilities and the amount of the current and/or delinquent sewer service charges for each parcel computed in conformity with the provisions of this chapter. The real property may be described by reference to county assessor's maps or by such other reference sufficient to identify the property affected.
(Ord. 297B § 4.5, 1975)
13.12.200 - Notice of report and hearing.#
The city clerk shall cause notice of the filing of the report and notice of the time and place of a hearing thereon by the city council to be published once a week for two successive weeks prior to the date set for hearing in a newspaper of general circulation printed and published in the county. Prior to collection of charges on the tax roll for the first time, the city clerk shall cause notice in writing of the filing of the report, and of the time and place of hearing thereon, to be mailed to each person to whom any part or parcel of real property described in the report is assessed on the last equalized assessment roll, at the address shown on the roll or as known to the city clerk.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. 297B § 4.6, 1975)
13.12.210 - Hearing.#
At the time of the hearing provided for in Section 13.12.200, the city council shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. If the city council finds that protest is made by the owners of a majority of the separate parcels of property described in the report, the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of property.
(Ord. 297B § 4.7, 1975)
13.12.220 - Final determination by council.#
Upon the conclusion of the hearing on the final report, unless protest is made by the owners of a majority of the separate parcels of property described in the report, the city council may adopt, revise, change, reduce or modify any sewer service charge, or overrule any or all objections, and shall make its determination upon each charge as described in the report, which determination shall be final.
(Ord. 297B § 4.8, 1975)
13.12.230 - Filing of report with auditor.#
On or before August 10 in each year following the final determination of the city council, the city clerk shall file with the auditor a copy of the report with a statement endorsed thereon over the city clerk's signature that it has been finally adopted by the city council, and the auditor shall enter the amounts of the sewer service charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any such parcels are outside the boundaries of the city, they shall be added to the assessment roll of the city for the purpose of collecting such charges.
(Ord. 297B § 4.9, 1975)
13.12.240 - Parcels not on roll.#
If the property is not described on the roll, the auditor shall enter the description thereon together with the amounts of the sewer service charges, as shown on the report.
(Ord. 297B § 4.10, 1975)
13.12.250 - Lien effective date.#
The amount of the charges shall constitute a lien against the lot or parcel of land against which the sewer service charge has been imposed as of noon on the first Monday in March immediately preceding the date of levy. The tax collector shall include the amount of the sewer service charges on bills for taxes levied against the respective lots and parcels of land.
(Ord. 297B § 4.11, 1975)
13.12.260 - Collection with general tax bill.#
Thereafter, the amount of the sewer service charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the city, and shall be delinquent at the same time and thereafter be subject to the same penalties for delinquency.
(Ord. 297B § 4.12, 1975)
13.12.270 - Applicability of general tax laws.#
All laws applicable to the levy, collection and enforcement of general taxes of the city, including but not limited to those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such sewer service charges, except as provided by Health and Safety Code section 5473.8.
(Ord. 297B § 4.13, 1975)
13.12.280 - Separate billing—Compensation for county's costs.#
(a) The tax collector may, in his discretion, issue separate bills for such sewer service charges and separate receipts for collection on account of such charges.
(b) The county shall be compensated for services rendered in connection with the levy, collection and enforcement of such sewer service charges, in an amount determined by agreement between the city and the county.
(Ord. 297B § 4.14, 1975)
Article VI. - Delinquency#
Footnotes: --- (4) ---
Editor's note— Ord. No. 1064B, § 5(Att. A), adopted August 22, 2023, amended Article VI in its entirety to read as herein set out. Former Article VI, §§ 13.12.300—13.12.360, pertained to similar subject matter, and derived from Ord. 297B §§ 5.1—5.4., 5.45(a—d), 5.5, 1975; Ord. 408B §5(part), 1982; Ord. 482B §9, 1986; Ord. 578B §2, 1992.
13.12.300 - Delinquency.#
All fees or charges (other than sewer service charges for which provision is made, prior to delinquency, for collection on the tax rolls on which general city property taxes are collected) which are not paid on or before the 30th day following the date such charges were due and payable are delinquent and a penalty of ten percent of the charge shall be imposed on the 30th day following the date such charge was due and payable. In addition, a penalty of one-half of one percent per month of the basic charge plus the ten percent penalty shall be imposed on the 60th day following the date such charge was due and payable and on each 30th day thereafter until there is payment in full of the charge plus all penalties. Penalties imposed pursuant to this section shall be billed and collected in the same manner as other fees and charges imposed pursuant to this section.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
13.12.305 - Delinquency status.#
If any charge imposed by this chapter remains delinquent for a period of 60 days, such charge shall constitute a special assessment or a lien against the lot or parcel of land against which it was imposed, upon recording thereof with the county recorder. Such special assessment or lien shall have the force, effect and priority of a judgment lien and shall continue for three years from the time of recording unless sooner released or otherwise discharged. The city shall include a statement on its bill to each property owner which shall give notice of the delinquency status provided for by this section.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
13.12.310 - Civil action.#
Sewer service charges and connection charges imposed by this chapter shall constitute a debt to the city and the city may institute a civil action to recover delinquent charges, in which event it shall have judgment for the cost of suit and reasonable attorneys' fees.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
13.12.315 - Disconnection—Authorized—Reconnection.#
The city may disconnect any premises from the sewer system if charges are not paid after they have become delinquent. The city administrator shall estimate the cost of disconnection and the cost of reconnecting the facility to the sewer system and the owner of the premises shall deposit the estimated costs of disconnection and reconnection before such premises are reconnected to the sewer system. In the event such arrearages are paid and the premises are reconnected to the sewer system, the city administrator shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
13.12.320 - Disconnection—Notice.#
(a) In addition to all other remedies which the city may have for the collection of delinquent sewer service charges, the city may terminate sewer service for nonpayment of an account that is delinquent for at least 60 days.
(b) At least seven business days prior to the proposed termination, the city shall give notice of the delinquency and the impending termination by telephone or written notice to the customer to whom the sewer service is billed, the address served by the sewer service, and the property owner. Notice to the property owner shall be sent to the address shown on the last equalized assessment roll of the county.
(c) Notice to customer named on the account of proposed termination shall include the city's policy on discontinuation of residential service for nonpayment, to include options to avert discontinuation of residential service for nonpayment, including, but not limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaid balance, and petition for bill review and appeal. The notice shall include, but is not limited to, all of the following information in a clear and legible format:
(1) The customer's name and address.
(2) The amount of the delinquency.
(3) The date by which payment or arrangement for payment is required in order to avoid discontinuation of residential service.
(4) A description of the process to apply for an extension of time to pay the delinquent charges.
(5) A description of the procedure to petition for bill review and appeal.
(6) A description of the procedure by which the customer may request a deferred, reduced or alternative payment, consistent with the city's policy on discontinuation of residential service for nonpayment.
(d) City policy on discontinuation of residential service for nonpayment shall be approved administratively by the city manager and shall comply with any other relevant state or federal regulations and statutes that may also apply.
(e) Any customer who has initiated an appeal or requested a hearing prior to sewer service being terminated for nonpayment shall be given an opportunity for review of such appeal by the city manager or the city manager's designated representative.
(f) The city shall not terminate sewer service during the pendency of an investigation or review of a customer appeal, dispute or complaint or prior to any hearing initiated pursuant to this section.
(g) The city manager is authorized to resolve complaints or disputes initiated pursuant to this section.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
13.12.325 - Exceptions to shutoff for nonpayment of residential service.#
(a) City shall not discontinue residential service for nonpayment if all of the following conditions are met:
(1) The customer, or a tenant of the customer, submits to the city the certification of a primary care provider, as term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the California Welfare and Institutions Code, that discontinuation of residential 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.
(2) The customer demonstrates that they are financially unable to pay for residential service within the city's normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the city's 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 200 percent of the federal poverty level.
(3) Customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the written policies provided pursuant to subdivision (a) of Section 116906 of the California Health and Safety Code, with respect to all delinquent charges.
(b) If the conditions listed in subdivision (a) are met, the city shall offer the alternative payment options specified in the city policy on discontinuation of residential service for nonpayment.
(1) Residential service may be discontinued no sooner than 5 business days after the city posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:
(A) The customer fails to comply with the alternative payment option specified in the city policy on discontinuation of residential service for nonpayment for delinquent charges of 60 days or more. While undertaking the alternative payment option specified in the city policy on discontinuation of residential service for nonpayment, the customer does not pay their residential service charges for 60 days or more.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
13.12.330 - Tennant landlord relationship.#
(a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling.
(b) If the city furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit residential structure, mobile home park, or permanent residential structure in a labor camp as defined in Section 17008 of the California Health and Safety Code, ant eh owner, manager, or operator of the dwelling, structure, or park is the customer of record, the city shall make every good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears that service will be terminated at least 10 days prior to the termination. The written notice shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account.
(c) The city is not required to make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service and meets the requirements of the law and the city's rules and tariffs. However, if one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the city, or if there is a physical means legally available to the city's water system shall make service available to those residential occupants who have met those requirements.
(d) If prior service for a period of time is a condition for establishing credit with the city's water system, residence and proof of prompt payment of rent or other credit obligation actable to the city for that period of time is a satisfactory equivalent.
(e) Any residential occupant who becomes a customer of the city's water system pursuant to this section whose periodic payments, such as rental payments, include charges for residential water service, where those charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the city's water system for those services during the preceding payment period.
(f) In the case of a detached single-family dwelling, the city water system may do any of the following:
(1) Give notice of termination at least seven days prior to the proposed termination.
(2) In order for the amount due on the delinquent account to be waived, require an occupant who becomes a customer to verify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
13.12.335 - Reestablishing service after shutoff.#
(a) If residential service is shutoff for nonpayment, city shall provide customer with information on how to restore residential service.
(b) Sewer services discontinued because of delinquency in payment or upon the customer's request shall not be reestablished until all fees and charges, together with a service charge, have been paid. In case of delinquent payment, a cash deposit may be required by the city as a condition to reestablishment of service.
(c) In the event service is discontinued for delinquency in payment and service is resumed without authorization, the city may discontinue the sewer service and may charge and collect a penalty for each occurrence in addition to such other amount which may be due from the customer. Such charges shall be paid before service is reestablished.
(d) For a residential customer who demonstrates to the city household income below 200 percent of the federal poverty line, the city shall do both of the following:
(1) Reconnection of service fee for reconnection during normal operating hours shall $50.00, but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the reconnection of residential service during nonoperational hours shall be $150.00, but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the purpose of this section, normal operating hours shall be from 8:00 a.m. to 2:00 p.m. Monday through Friday, excluding holidays. Nonoperational hours shall be all times outside of normal operating hours.
(e) City shall deem a residential customer to have a household income below 200 percent of the federal poverty line if 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 the customer declares that the household's annual income is less than 200 percent of the federal poverty level.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
13.12.340 - Billing with other utilities.#
The city council may provide that fees and charges for water service pursuant to this
Chapter 13.12 - Utility Service Regulations (Continued)#
13.12.350 - Unauthorized actions.#
This article does not apply to the termination of a service connection by the city due to an unauthorized action of the customer.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
13.12.370 - Right—Initiation.#
Any person adversely and directly affected by a determination made by the city administrator or his designee under the provisions of this ordinance may appeal the determination to the city council. Notice of appeal must be filed in writing with the city clerk not later than 15 days from the date of such determination, or not later than 15 days from receipt by the appellant of notice of such determination, whichever shall last occur. The notice shall specify the basis for appeal.
(Ord. 297B §1.4, 1975)