Loading...
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 ORDINANCE NO. 705 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 ORDINANCE NO. 705 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