HomeMy WebLinkAboutOrdinances 1940 10/04/1993~~~E~T1~9E DATE
- F ~R~W~ANCE
~0~
ORDINANCE NO. 7 g40 N.C.S.
INTRODUCED
BY COUNCILPERSON SECONDED BY
Vice Mayor Read
Brian Sobel
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
AMENDING TITLE 15 "WATER AND SEWAGE" OF THE
PETALUMA MUNICIPAL CODE PERTAINING TO CERTAIN
CHAPTERS AND SECTIONS SETTING RATES, CHARGES AND FEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. The following Sections of the Petaluma Municipal Code are hereby
deleted:
15.04.030 Bond
15.04.040 Disposition of Revenues -Uses
15.16.080 Summex Water Charges
15.16.100 When Closing Balance Due Consumer is Five Dollars or Less
15.16.110 Effective Date
15.16.120 Rates Outside City Limits
Section 2. The following sections of the Petaluma Municipal Code are hereby
amended to read as follows:
15.09.100 Discontinuance of service.
A. Water service to any premises may be disconnected by the city, if a backflow
prevention device required by this chapter is not installed, tested and/or maintained; or if any
deficiency is found in the installation or operation of a backflow prevention device; or if it is
found that a backflow prevention device has been removed, bypassed or tampered with; or for
nonpayment of any charges as set forth by this chapter.
B. Whenever any premises has been disconnected from the water system for any
violation of this chapter, such premises shall not be reconnected until such violation,
condition, or defect is corrected and the customer has paid a reconnection charge to the city
according to Chapter 15.16.
15.12.030 Tampering with Property of Water Department.
A. It is a violation of this article for any person to tamper with any of the property
comprising the water system.
Ord. 1940 NCS
1 B. Charges and penalties may be imposed for any tampering or damage to water system
2 property.
3
4 15.12.060 Discontinuance of Service -Notice.
5 A. Any consumer's water service may be discontinued for nonpayment of a bill for water
6 service furnished if the bill is not paid within thirty (30) days after the billing date.
7 B. A consumer's water service may also be discontinued for nonpayment of a bill for
8 water service furnished at a previous or different location served by the city, if such bill is not
9 paid within forty-five (45) days after the billing date at the new location.
10 C. No service will be discontinued under this section until at least ten (10) days after a
11 delinquent notice is mailed to such consumer and stating the city's intention to discontinue
12 service. The consumer may be charged for such delinquent notice. Such charges shall be set
13 according to Chapter 15.16.
14
15 15.12.090 Request for discontinuance by consumer -Reconnection charges.
16 Any consumer may have his water service discontinued by giving notice to the water
17 department requesting discontinuance not less than two days prior to the requested date of
18 discontinuance. Each such consumer shall pay all water charges up to and including the date
19 of discontinuance stated in such notice. In any case where such notice is not given, the
20 consumer shall be required to pay for water service until two days after the water department
21 has knowledge that the consumer has vacated the premises or otherwise discontinued water
22 service. The city shall make a reconnection charge for restoring water service to any
23 consumer whose water service has been discontinued at his request. Such charges shall be set
24 according to Chapter 15.16.
25 15.12.100 Reconnection after discontinuance of service.
26 Whenever any premises have been disconnected from the water system for any violation of
27 this chapter, such premises shall not be reconnected to the water system until all delinquent
28 charges have been paid, together with a reconnection charge and until credit is established
29 pursuant to Chapter 15.16.
30
31 15.12.130 1Vleter testing on consumer's request.
32 A. A consumer may, with at least one week's notice require the city to test the meter
33 serving the premises.
34 B. No charge will be made for such a test, except where a consumer requests a test
35 within six months after installation of the meter or more often than once a year, in which case
36 the consumer will be required to deposit with the city an amount according to Chapter 15.16.
Ord. 1940 NCS
1
2 15.16.020 Purpose -Levying and Assessment by Resolution.
3
4 For the purpose of providing funds:
5 A. For payment at or before maturity of the principal of and interest on all water revenue
6 bonds heretofore or hereafter issued by the city for the purpose of the acquisition,
7 construction, improvement and financing of the water system;
8 B. For payment of the cost of additions to or improvements of the water system; and
9 C. For payment of the cost of maintenance and the water system;
10 there are levied and assessed upon all premises connected with the water system the water
11 rates and charges as authorized in this chapter and set by city council resolution from time to
12 time for water furnished or available and other services to such premises by the water system.
13 15.16.030 Rates.
14 The rates and charges authorized in this Chapter shall apply to services both inside and
15 outside the city limits.
16 15.16.040 General metered service.
17 A. Applicability. Applicable to all metered water service for residential, commercial,
18 industrial and public services.
19 B. A monthly service charge by meter size shall be applicable to all metered services
20 regardless of the quantity of water consumed at the rate set by resolution.
21 C. A water use charge based on one hundred cubic feet shall be applicable for all water
22 supplied to metered services at the rate set by resolution.
23
24 1.5.16.050 Private fire protection service.
25 A. Applicability. Private fire protection service in this section is applicable to all water
26 service rendered by the water system for privately owned fire protection systems.
27
28 B. Rates shall be set by resolution.
29 C. For water delivered for other than fire protection purposes, charges will be made at
30 the meter and quantity rate under Section 15.16.040 relating to general metered service.
31 D. The city will supply only such water at such pressure as may be available from time
32 to time as a result of its normal operation of the water system.
33 15.16.060 Public fire hydrant service to city.
34 A. Applicability. Applicable to all water service rendered for public fire protection to
35 the city..
Ord. 1940 NCS
1 B. The rates shall be set by resolution and include use of water for fire protection. For
2 water delivered through fire hydrants for any other purpose, charges will be made at the meter
3 and quantity rate under Section 15.16.040 relating to general metered service.
4
5 15.16.070 Public fire hydrant service to others than city.
6 A. Applicability. Applicable.within the area serviced by the water system to all water
7 service rendered for public fire protection to any public authority (including any .municipality,
8 county, or other political subdivision of the state, or any public district, the state of California
9 and the United States of America) except the city.
10 B. The rates shall be set by resolution and include use of water for fire protection. For
11 water delivered through fire hydrants for any other purpose, charges will be made at the meter
12 and quantity rates under Section 15.16.040 relating to general metered service.
13 C. The city will supply only such water at such pressure as may be available from time
14 to time as a result of its normal operation of the system.
15
16 15.16.090 Closing balance on account.
17 A. Whenever a consumer discontinues water service and the closing balance due the city
18 by the consumer after all credits and offsets have been made amounts to five dollars or less,
19 the city may forgive such closing balances.
20 B. Whenever a consumer discontinues water service and any cash credit deposit as
21 required by this chapter is applied against the closing balance due, leaving a refund due the
22 consumer of five dollars or less, then the city is not required. to refund unless specifically
23 requested to do so by the consumer concerned.
24
25 15.16.101 Returned check fees.
26 Whenever additional fees are incurred for the collection of returned checks, the consumer
27 shall pay the fees as set by resolution.
28
29 15.16.140 Payment procedure.
30 All water charges shall become due and payable at the office of the Finance department on
31 the date of presentation of a utility bill and shall become delinquent thirty (30) days after the
32 date of the bill. Meters will be read at regular intervals for the preparation of regular metered
33 service bills as determined by resolution, and as required for the preparation of opening bills,
34 closing bills and special bills. Each meter will be read separately. It may not always be
35 possible to read meters regularly on the same day of each billing period. Proportionate
36 adjustments will be made when other billing periods or portions of billing periods are used.
Ord. 1940 NCS
1 15.16.150 Proration of bills.
2 Opening bills, closing bills, monthly bills rendered for periods of less than the days set by
3 resolution, and other bills requiring proration, will be computed in accordance with the
4 applicable schedule, but the amount of the fixed charge or .minimum charge specified therein,
5 will be prorated on the basis of the ratio of the number of days in the period to the number of
6 days in the average billing period. Should the total period of service be less than one month
7 no proration will be made and no bill shall be less than the specified monthly fixed charge or
8 minimum charge.
9 15.16.160 Certain language to be printed on each bill.
10 On each bill for water service rendered by the city to its consumers will be printed
11 substantially the following language:
12 "If this bill is not paid within thirty (30) days after date of presentation, service is liable to
13 be discontinued. A cash deposit and reconnection fee may be required to re-establish service."
14
15 15.16.170 Responsibility for payment -Liability of property owner if occupant fails
16 to pay.
17 A. All water charges shall be billed to the owner of the premises upon which charges
18 fixed in this chapter are levied and assessed or to the person who requested connection to the
19 water system, or successor in interest, or to any person requesting that such bill be charged.
20 B. In case of premises that are occupied by someone other than the owner, such charges
21 may be billed to the occupant of such premises. If the occupant fails to pay such charges, the
22 owner shall be liable to the city for such charge, but in no event shall the charge billed the
23 owner exceed billing for afour-month period.
24
25 15.16.180 Credit establishment.
26 Each applicant for metered service will be required to establish credit before receiving
27 service. Credit will be deemed established if the applicant meets any one of the following
28 conditions:
29 A. If the applicant make a cash deposit in an amount as set by resolution.
30 B. If applicant furnishes a guarantor satisfactory to the city to secure payment of the
31 water bills; or
32 C. If applicant has been a consumer of the City of Petaluma and during the last twelve
33 consecutive months of service has paid all water bills without discontinuance for nonpayment
34 thereof.
35 D. A cash deposit may be required to be reinstated after two (2) delinquency turn-offs
36 within a 12 month period.
Ord. 1940 NCS
1
2 15.16.190 Reestablishment of credit after delinquency.
3 Any consumer who has previously been a consumer of the City of Petaluma and during the
4 last twelve months has had water service discontinued two times because of nonpayment of
5 bills may be required to re-establish credit by making a cash deposit to secure payment of
6 water bills equal to twice the estimated bill .for the service.
7 15.16.200 Deposit to establish credit.
8 All deposits made with the city to establish credit will be held by the city in a separate
9 account and may be applied by the city to unpaid bills for water service when service is
10 discontinued or, refunded to the consumer, provided, that after a consumer has established
11 credit to the satisfaction of the manager, the city may, upon recommendation of the manager,
12 refund deposit without interest.
13 15.16.230 l~ ast meters.
14 When, upon test, the average meter error is found to be more than two percent fast the city
15 will refund to the consumer the amount of overcharge based on corrected meter readings for
16 the period the meter was in use by not exceeding twelve (12) months.
17 15.16.240 Slow meters.
18 When, upon test, a meter is found to be registering more than five percent slow, the city
19 may bill the consumer for the amount of the undercharge based on upon corrected meter
20 readings for the period the meter was in service but not exceeding twelve (12) months.
21 15.16.250 Nonregistering meters.
22 The city may bill the consumer for water consumed while the meter was nonregistering but
23 for a period not exceeding twelve (12) months at the minimum monthly meter rate, or upon an
24 estimate of the consumption based upon the consumer's prior use during the same season of
25 the year if conditions were unchanged, or upon an estimate based upon a reasonable
26 comparison with the use of other consumers during the same period, receiving the same class
27 of service under similar circumstances and conditions.
28 When it is found that the error in a meter is due to some cause, the date of which can be
29 fixed, the overcharge or the undercharge will be computed back to but not beyond such date.
30 Section 3. The following sections of the Petaluma Municipal Code are hereby added
31 and shall read as follows:
32 15.16.260 Other fees and charges.
33 The city may establish and set other fees and charges that may be necessary from time to
34 time by resolution to provide revenue to offset costs incurred in the operation, maintenance or
35 repair of the water system.
Ord. 1940 NCS
Section 4. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this ordinance. The City
Council of the City of Petaluma hereby declares that it would have passed and adopted this
ordinance and each and all provisions thereof irrespective of the fact that any one or more of
said provisions be declared unconstitutional.
Section 5. The City Clerk is hereby directed to post/pfi.this ordinance for the
period and in the manner required by the City Charter.
Section 6. This ordinance shall take effect thirty (30) days after its passage.
INTRODUCED, AND ORDERED posted/lil this 20th day of
September 1993.
ADOPTED this 4th day of October , 1993, by the following vote:
AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: Barlas
Attest:
tricia E. Bernard, City Clerk
~_
Ord. 1940 NCS