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HomeMy WebLinkAbout90-46 - Water ServicesRESOLUTION NO. 90- 46 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, State law provides that at least twenty -four (24) hours prior to termination of water service, a reasonable attempt shall be made to contact an adult person residing at the premises, unless such contact cannot be accomplished, in which case notice shall be by mail or by person at least forty -eight (48) hours prior to termination. WHEREAS, the City is often required to provide notice of termination to 150 -350 residences and businesses per month. Often City employees do not have access to accurate phone numbers and efforts to obtain accurate phone numbers from phone book publications or information services is time consuming and unreliable. WHEREAS, it is difficult to keep up -to -date information on telephone numbers of adult residents who work during the day and the high number and turnover rate of renters within the City. It is difficult and impractical to require residents and renters to provide continued accurate, up -to -date information on where they can be reached. WHEREAS, it is difficult to substantiate a phone call was made or a message received. WHEREAS, the method of tagging or posting the premises is the most efficient and reliable means to notify customers that water service will be shut off. • WHEREAS, the City Council of the City of Newport Beach desires to amend the procedures previously set forth in Resolution 89 -106 for the collection of unpaid water charges and notification procedures for discontinuance of water service. 1 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 customers 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 pay the overdue charges, nor does it prevent or delay termination of service. C. 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) 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 PA 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. (5) The telephone number of the representative of the City's Water Billing Section who can provide additional information or institute arrangements for payment. E. Non - Payment of Bills. (1) When a bill for water service has become past due, a final notice will be mailed with a fifteen (15) day discontinuance of water service notice. Water service may be discontinued if the bill is not paid within the time required by the final notice, except as set forth below. At least forty -eight (48) hours prior to termination of service the City shall serve an additional notice of termination on the customer, by tagging or posting the residence with a courtesy notice of termination of service. 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, except for tenant deposits required for renters. (2) 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 3 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 or his /her designee. (3) The water service shall not be discontinued for • non- payment for any customer complying with an amortized agreement entered into the City, provided the customer also keep current/ his /her account for water service 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 meet to avoid the termination. This notice shall not entitle the customer to further investigation by the City. (4) 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. M (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. (5) 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 C! 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. (6) 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 courtesy final notice tag will be placed on each service address indicating the impending termination of service. (7) 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 shut -off 3 • • and reconnection charge, have been paid. Service wrongfully terminated shall be restored without charge for the reconnection. I. Delinquencies and service restoration charges shall be set as follows: Final Notice (open and closed accounts): Each bill: $ 1.00 courtesy Notice none Shut -Off List: No trip to service address None Trip to service address $55.00 Service Restoration: Same day before 4:00 p.m. $20.00 Same day after 4:00 p.m. $40.00 J. Appeal Procedure: Any person who objects to or disagrees with a regulation in this Resolution or with imposition of any charges provided for by this Resolution shall have the right to appeal to the Finance Director and Utilities Director. All appeals shall be made in writing and shall state the reason(s) or circumstances which support the appeal. The Finance Director and Utilities Director shall have the authority to confirm or modify any such regulation or fee. The decision of the Finance Director and Utilities Director shall be final. ADOPTED this 14th day of May , 1990. MAYOR 51