O 705 ORDINANCE NO. 705
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING SECTION 13.04.070 OF
CHAPTER 13.04 OF TITLE 13 OF THE ARROYO GRANDE
MUNICIPAL CODE RELATING TO DELINQUENT WATER
BILLS
WHEREAS, the City Council of the City of Arroyo Grande ("City") may, by ordinance,
adopt rules and regulations for the operation of the water department and for furnishing
water to customers and may, by resolution establish the rates, charges, deposits, and
penalties; and
WHEREAS, the Water Shutoff Protection Act, codified at 116900 et seq. of the California
Health and Safety Code, requires all urban water suppliers to adopt a written policy on
the discontinuation of residential service for nonpayment; and
WHEREAS, the written policy must include a plan for deferred or reduced payments;
alternative payment schedules; a formal mechanism for a customer to contest or appeal
a bill; and a telephone number for a customer to contact to discuss options for averting
discontinuation of residential service for nonpayment; and
WHEREAS, the Water Shutoff Protection Act applies only to residential connections; and
WHEREAS, the City intends to adopt a Policy by Resolution on the Discontinuation of
Residential Water Service for Nonpayment to comply with the requirements of the Water
Shutoff Protection Act; and
WHEREAS, the City Council now wishes to amend Section 13.04.070 of its Municipal
Code to differentiate between delinquent residential accounts and nonresidential
accounts and to provide for the adoption of the City's Policy on the Discontinuation of
Residential Water Service for Nonpayment by resolution.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Section 13.04.070 of Chapter 13.04 of Title 13 of the Arroyo Grande
Municipal Code is hereby amended in its entirety to read as follows:
13.04.070 - Delinquent bills—Discontinuance of services.
A. All meters shall be read by the water department as provided in_Section 13.04.100
of this chapter, and all bills for water or service shall be due and payable at City Hall
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PAGE 2
upon presentation. All water bills remaining unpaid for a period of thirty (30) days
shall thereupon become past due.
1. Non-Residential Accounts. Where water bills so become past due,
notification will be delivered of such status and a late fee levied. All water
bills remaining unpaid for a period of forty-one (41) days since issuance
shall become delinquent. Where water bills so become delinquent,
service may be shut off at any time after a ten (10) day written notice;
and such accounts shall be subject to the water turn-off and turn-on
charge provided for in this section. The director of Administrative
Services or Public Works Director, at his or her discretion, may cause a
meter reading to be made at any time; and thereupon the bill for water
used since the previous reading shall become immediately due and
payable and shall become past due on the thirtieth day following the
mailing or presentation of such bill; and such accounts shall be subject
to the late-fee charge, water turn-off and turn-on charge provided for in
Section 13.04.030 of this chapter.
2. Residential Accounts. Where water bills so become past due, residential
accounts will be handled in accordance with the City's Policy on
Discontinuation of Residential Water Service for Nonpayment, which
shall be adopted by resolution of the City Council, as the same may be
amended from time to time.
B. Discontinuance of Service for Violations.
1. Non-Residential Accounts. The water rates, charges, and penalties set
forth in this chapter shall be charged against the property upon which
such water or service is furnished and against the owner thereof. If for
any cause, any of such sums owing become delinquent and unpaid, or if
any of the other terms of this chapter or the rules and regulations
established as a condition to the use of water are not complied with, the
water may be shut off. If there has been no bona fide change in
ownership, the water shall not be turned on to the same property until all
such charges, delinquencies and penalties have been paid in full,
including the additional amount as described in Section 13.04.030 of this
chapter for the expense of turning water off and on.
2. Residential Accounts. If any of the terms of this chapter or the rules and
regulations established as a condition to the use of water other than non-
payment are not complied with, including but not limited to those set forth
in Section 13.04.140 — Unlawful Acts, the water may be shut off. Water
may only be shut off for non-payment in accordance with the City's Policy
on Discontinuation of Residential Water Service for Nonpayment as the
same may be amended from time to time.
3. The Administrative Services Director or Public Works Director may, at his
or her discretion, shut off the water, for a period not exceeding three
months, upon the written request of the owner of any premises upon
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PAGE 3
which such water or service is furnished, provided no delinquency exists
in the payment of charges and penalties for water service.
SECTION 3. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen
(15) days after adoption of the Ordinance, the summary with the names of those City
Council members voting for and against the Ordinance shall be published again, and the
City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 4. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
On motion of Council Member Storton, seconded by Council Member Paulding, and on
the following roll call vote to wit:
AYES: Council Members Storton, Paulding and Mayor Ray Russom
NOES: None
ABSENT: Council Members Barneich and George
the foregoing Ordinance was adopted this 14th day of January, 2020.
ORDINANCE NO. `�(5
PAGE 4
IIW
CAREN -A - ' SSOM, MAYOR
ATTEST:
&htta&'--
KELLY
E1 ORE, CITY CLERK
APPROVED AS TO CONTENT:
111
JAME-Vii?AN, CITY MANAGER
APPROVED AS TO FORM:
TIM V)THY J. C MEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
•
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached Ordinance No. 705 which was introduced at a regular meeting of the
City Council on December 10, 2019; was passed and adopted at a regular
meeting of the City Council on the 14th day of January 2020; and was duly
published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16th
day of January 2020.
t Oitd114'LL'
KELLY ET ORE, CITY CLERK