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.
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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
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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
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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.
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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.
(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
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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
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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
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