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HomeMy WebLinkAbout92-56 - Amending Chapters 14.12 and Section 14.20.010 of Chapter 14.20 of the Newport Beach Municipal Code, and Repealing Resolution No. 90-46• • • NO. 92- 56 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 14.12 and SECTION 14.20.010 OF CHAPTER 14.20 OF THE NEWPORT BEACH MUNICIPAL CODE, AND REPEALING RESOLUTION NO. 90 -46. The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Chapter 14.12 of the Newport Beach Municipal Code shall be amended to read as follows: Chapter 14.12 WATER RATES AND CHARGES Sections: 14.12.010 Service Fees. 14.12.020 Water Rates Established. 14.12.050 Meter Installation. 14.12.060 Building Construction Purposes. 14.12.070 Nonspecified Uses. 14.12.080 Private Fire Lines. 14.12.085 Establishing Service. 14.12.090 Water Service Discontinuance. 14.12.095 Customer Requests. 14.12.100 Due Date. 14.12.105 Change Of Address. 14.12.110 Delinquent Notice. 14.12.120 Discontinuance Notice. 14.12.125 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 Multi -Unit Residential Structures and Mobile Home Parks. 14.12.170 Unsafe Equipment. Section 14.12.010 Service Fees. The fees for the installation of water services, water meters, or water services including meters, or for enlarging those already in place, shall be paid in advance. The installation fee shall be the cost to the City, including all labor and materials, plus twenty -five percent (25 %) of such cost for overhead. In addition, there shall be collected the sum of Fifty Dollars ($50) for the first one inch of meter diameter, or fractional portion thereof, plus Twenty -Five Dollars ($25) for each 1 additional one -half inch of meter diameter, or fractional portion thereof. 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. The cost as established by the Utilities Department shall be the estimated average cost of doing the work, plus twenty -five percent (25 %), and shall be revised from time to time to reflect experience and changes in the actual cost of performing the work. Section 14.12.020 Water Rates Established. The following rates, fees and charges are hereby established and shall be charged and collected in accordance with the provisions of this Chapter: (A) There shall be charged and collected a monthly water service charge from each customer for each meter on the basis of the following schedule: For 3/4 -inch meter or less . . . . . . . . . $ 2.00 For 1 -inch meter 2.50 For • 1 1/2 -inch meter 4.00 For 2 -inch meter . . . . . . . . . . . . 5.00 For 2 1/2 -inch meter . . . . . . . . . . . . 8.00 For 3 -inch meter . . . . . . . . . . . . . . 10.00 For 4 -inch meter . . . . . . . . . . . . . . 15.00 For 6 -inch meter . . . . . . . . . . . . . . 20.00 For 8 -inch meter . . . . . . . . . . . . . . 25.00 For 10 -inch meter . . . . . . . . . . . . . 30.00 For each living unit in excess of one per water meter, per month . . . . 1.00 For each hotel or motel unit and each hospital or convalescent home bedroom in excess of one per water meter, per month. . . . . . . . . .50 (B) The rate for water supplied to consumers through a meter, other than pursuant to a written contract approved by the City Council, shall be $1.34 per 100 cubic feet. City water rates shall be adjusted to reflect Metropolitan • Water District rate changes. Should the automatic adjustments require a water rate increase, the amount of the increase shall be added to the quantity charges and shall be equal to the Metropolitan Water District increase, raised to the next highest whole penny for each 100 cubic 2 feet used. Section 14.12.050 Meter Installation. The City 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 isaccordance with the meter rates applicable. Section 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, for a flat rate of Twenty -Five Dollars ($25) per month for each 2000 square feet of floor space or fraction thereof of such building. Section 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. Section 14.12.080 Private Fire Lines. Fees for private fire line service shall be charged at a rate of Five Dollars ($5) per inch diameter per month per service. 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. Section 14.12.085 Establishing Service. (A) When establishing an account, the customer shall pay a fee of $35.00 to establish water service in the customer's name at 3 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. •Owners of property shall be responsible for all charges at their premises. Water service will not be established in the name of a customer other than the 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. (D) A customer's newly established service may be discontinued for nonpayment of a bill for services previously rendered to the customer at any location served by the City provided such bill is not paid within fifteen (15) days after mailing of a Notice of Discontinuance of Water Service stating that present service will be discontinued for nonpayment of such bill for prior service. 0 Section 14.12.090 Water service Discontinuance. (A) Water service to any premises may be discontinued because of nonpayment of a bill or violation of any of the provisions of this Chapter, or ordered turned off by the owner or tenant, or for failure to establish a water service agreement with the City. (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 dispute or complaint. (2) When a customer has been granted an extension of the 4 period for payment of a bill. (3) 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. (4) When the customer or full -time resident of the customer's household is among the elderly (age sixty -two (62) or older) or handicapped and the customer is temporarily unable to pay for such service and is willing to arrange installment payments satisfactory to the City, including arrangements for prompt payment of subsequent bills. Section 14.12.095 Customer Requests. Any residential customer who has initiated a complaint or requested an investigation within five (5) days of receiving the disputed bill, 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 amortize any unpaid balance of the delinquent account over a reasonable period of time, not to exceed 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 or designee. •No discontinuance of service shall be effected for any customer complying with an amortization agreement, provided the customer also keeps the account current as charges accrue in each subsequent billing period. If a residential customer fails to comply with an amortization agreement, the City shall not 5 • • 0 discontinue service without giving notice to the customer at least forty -eight (48) hours prior to discontinuance of the conditions the customer is required to meet to avoid discontinuance, but this notice does not entitle the customer to further investigation by the City. Section 14.12.100 Due Date. All customers whose premises are connected to the municipal water system shall be billed on a bimonthly basis and all charges shall be received within nineteen (19) days after the date of the mailing of the municipal services statement. Section 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. Section 14.12.110 Delinquent Notice. When a municipal services statement has become past due, a Delinquent Notice will be mailed with a fifteen (15) day discontinuance of water service advisement. In addition to the past due charges, a penalty fee equal to ten - percent (10%) of the delinquent amount past due will be added. Section 14.12.120 Discontinuance Notice. At least forty- eight (48) hours prior to the discontinuance of water service, the City shall serve an additional Notice of Intent to Discontinue Water Service on the premises where service is supplied, either by mail or in person. Every Notice of Intent to Discontinue Water Service shall include the following information: (1) The name and address of the customer whose account 6 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. • Section 14.12.125 Service Restoration. (A) Service that has been discontinued may not be restored until payment of all delinquent water service charges, including the restoration charge, has been received by the Finance Department. Upon payment, service shall be restored during regular working hours. The restoration charge for same day service shall be $75 before 4:00 p.m., $95 for same day service after 4:00 p.m., and $55 for service restoration charge following day of discontinuance. (B) Any service wrongfully discontinued shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the customer's billing address. Section 14.12.130 Deposit Requirements. (A) In the event that the applicant for water service is not 7 • 0 the owner of the property to be supplied with water or does not own the improvements thereon, and the property is located in a non- residential zone, a deposit shall be required equivalent to one and one -half times the average bimonthly 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 (2) times the average bimonthly 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. Section 14.12.135 Service Interference. It shall be unlawful for any person to receive water after service discontinuance by the City, without full compliance with the provisions of this chapter. Section 14.12.140 Customer Request for service Discontinuance. (A) Whenever a customer vacates the premises, the customer shall give not less than two (2) working days (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, shut off the water to the premises and prepare a closing statement of all unpaid bills for water furnished by the City to the customer up to that time. In the event that the customer shall have made a deposit with the City, the balance, if •any, of such deposit shall be returned to the customer, after deducting therefrom the amount of the bills. Section 14.12.150 Third -Party Notification. The City shall make available to its residential customers who are sixty -two N (62) years of age or older, or who are dependent adults as defined in paragraph (1) of subdivision (b) of Section 15610 of the Welfare and Institutions Code, 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. Section 14.12.160 Multi -unit Residential Structures and Mobile Home Parks. Whenever the City furnishes either individual metered or master metered water service to residential occupants in a 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 9 those requirements. Section 14.12.170 Unsafe Equipment. The City may refuse to establish or discontinue service to any customer if any part of the plumbing or other equipment, or use thereof, shall be •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. SECTION 2: Section 14.20.010 of Chapter 14.20 shall be amended to read as follows: Section 14.20.010 Property Of City -- Damaged Or Lost Meters. • All meters, unless otherwise authorized by the Utilities Director, shall be and remain the property of the City and will not be removed unless the use of water on the premises is to be entirely stopped, or the service connection discontinued or abandoned. In all cases where meters or meter boxes are lost, injured or broken by carelessness, or by the negligence of the owners or occupants of premises, they shall be replaced or repaired by the Utilities Department and the cost charged against the owner or occupant; and in the case of nonpayment, the water shall be shut off as provided in Section 14.12.090. In the event the meter is out of order, or fails to register properly, the consumer shall be charged on an estimate made by the Utilities Department on the average monthly •consumption during the last three months that the meter was in good order, or from what he may consider to be the most reliable data at his command. 10 SECTION 3: Resolution No. 90 -46, adopted on May 14, 1990, is hereby repealed. SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day • of December , 1992, and adopted on the 11th day of January 1993, by the following vote, to -wit: ATTEST: CITY CLERK kr \uaterchg.ord • AYES, COUNCILMEMBERS KEDGES, SANSONE, WATT, TURNER, HART, DEBAY NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS_ COX 11