HomeMy WebLinkAbout89-106 - Water Service ProceduresRESOLUTION NO. 89 -106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING PROCEDURES FOR
UNPAID WATER CHARGES AND DISCONTINUANCE OF
WATER SERVICE.
®WHEREAS, Newport Beach Municipal Code Sections 14.12.150,
14.12.180 and 14.12.190 state that the procedures for unpaid
charges and discontinuance of water service shall be set by
Resolution of the City Council of the City of Newport Beach.
WHEREAS, the City Council of the City of Newport Beach
desires to amend the procedures previously set forth in Resolution
89 -5 for the collection of unpaid water charges and discontinuance
of water service.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Newport Beach as follows:
1. The following is the procedure. for collection of
unpaid water charges and discontinuance of water service:
A. Past Due Bills. Customers will be billed for
water service for a sixty (60) day billing period. Water bills
will be considered past due if not paid within nineteen (19) days
after date of mailing.
B. Third Party Notification. The City shall make
available to customers who are sixty -two (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. By this third -party
notification service, 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 termination. The
• notification shall include information on what is required to
prevent termination of service. The 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
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pay the overdue charges, nor does it prevent or delay termination
of service.
C. Multiunit Residential Structures and Mobile Home
Parks. Whenever the City furnishes either individually metered or
master metered water service to residential occupants in a
® multiunit 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)
working days prior to such termination. 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 terminating 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.
D. Final Notice. Every final notice of termination
of service shall include all of 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 termination.
(4) The procedure by which the customer may
initiate a complaint or request an investigation concerning
services or charges.
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(5) The telephone number of the representative
of the City's Water Billing Section who can provide additional
information or institute arrangements for payment.
$. Non - Payment of Bills.
(1) When a bill for water service has become
past due, a final notice will be rent with afifteen (15) day
discontinuance of water service notice. Water service may be
discontinued if the bill is not paid within the time required by
such notice, except as set forth below. At least twenty -four (24)
hours prior to termination of service the City shall make a
reasonable attempt to contact an adult person residing at the
premises of the customer by telephone, except that if such contact
cannot be accomplished, the City shall either by mail or by
person, at least forty -eight (48) hours prior to termination,
serve an additional notice of termination on the customer. A
customer's service, however, will not be discontinued for non-
payment until the amount of any deposit made to establish credit
for that service has been fully absorbed.
Any customer who has initiated a complaint
or requested an investigation within five (5) days prior to date
of termination of water service shall not have service
discontinued for non - payment during pendency of the investigation
by the City of such customer dispute or complaint. Any customer
whose complaint or request for an investigation has resulted in an
adverse determination by the City's Water Billing Section may
appeal the determination to the Finance Director of his /her
designee.
The water service shall not be discontinued
for non - payment for any customer complying with an amortized
agreement entered into with the City, provided the customer also
• keep current his /her account for water services as charges accrue
in each subsequent billing period. If a customer fails to comply
with an amortized agreement, the City shall not terminate service
without giving notice to the customer at least forty -eight (48)
hours prior to termination, of the conditions the customer is to
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meet to avoid the termination. This notice shall not entitle the
customer to further investigation by the City.
(2) Water service to a customer shall not be
discontinued for non - payment when the customer has established to
the satisfaction of the City that:
• (a) Such termination 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.
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(b) The customer or full -time resident of
the customer's household is among the elderly (age sixty -two (62)
or older) or handicapped and he /she is temporarily unable to pay
for such service and the customer is willing to arrange
installment payments satisfactory to the City, including
arrangements for prompt payment of subsequent bills.
Service may be terminated to any customer who
does not comply with an installment. payment agreement or keep
current his /her account for water services as charges accrued by
any subsequent billing.
(3) A customer's service may be discontinued
for non - payment of a bill for services previously rendered to
him /her at any location served by the City provided such bill is
not paid within fifteen (15) working days after mailing of a
discontinuance of water service notice stating that present
service will be discontinued for non - payment of such bill for
prior service. In no case will service be discontinued for non-
payment of the water bill within sixty (60) days after
establishment of service at a new location.
(4) The City shall make a good faith effort to
inform the actual user of the water service when the account is in
arrears that the water service shall be terminated. A final
notice tag will be placed on each service address indicating the
impending termination of service.
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(5) Services will not be discontinued by reason
of delinquency in payment for water- services on any Saturday,
Sunday, legal holiday or at any time during which business hours
of the City are not open to the public:.
F. Unsafe Equipment. The City may refuse 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.
G. Customer's Request for Service Discontinuance.
When a customer desires to terminate: his /her responsibility for
service, he /she shall give the City not less than two (2) working
days notice of his /her intention and state the date on which he or
she wishes the termination to become effective. A customer may be
held responsible for all service furnished at the premises until
two (2) working days after receipt of such notice by the City or
until the date of termination specified in the notice, whichever
date is later.
H. Restoration Charge. Service shall not be
reconnected unless all unpaid charges, together with the
reconnection charge have been paid. Service wrongfully terminated
shall be restored without charge for the reconnection.
Delinquencies and service restoration charges
shall be set as follows:
Delinquent Bill (open and closed accounts):
Each bill: $ 1.00
Shut -Off Notice, or Tag:
First unit $15.00
Second or more units (apartments) $ 1.00 /unit
Continuation
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Shut -Off List:
No trip to service address None
Trip to service address $45.00
Service Restoration:
Same day before 4:00 p.m. $15.00
Same day after 4:00 p.m. $35.00
ADOPTED this 11th day of Sente:mber , 1989.
AWA *44V
Mayor
ATTEST:
City- Clerk
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