Arcadia Municipal Code § 7532.7 Delinquency

Each water bill shall be due and payable upon presentation, and shall become delinquent fifteen (15) days after date of mailing. If it is not paid within sixty (60) days of the delinquency date, service may be discontinued. Service discontinued because of non-payment shall not be resumed until all bills, plus the fees hereinafter specified, have been paid. Any charge or expense required by any provision of this Chapter to be borne or paid by the consumer may be billed with any bill for service, and if not paid when due the entire bill shall be deemed delinquent for the purpose of this Division.

(Ord. 1177, 6-6-62; Ord. No. 2368, § 2, 12-3-19)

In the event that a bill covers a period shorter than the regular billing period, the following minimum charges shall apply:

(1) If the period is one month or less, one-half (½) of the bimonthly charge shall apply.

(2) If the period is less than the regular billing period, but longer than one month, the regular minimum charge shall apply.

In the event that a meter in working condition is obstructed at the time the reading would normally be taken, or for any other reason it cannot be read, an estimate shall be made of the quantity of water used and a bill rendered for the estimated quantity. Should the succeeding reading indicate that the estimate is materially in error, an adjustment shall be made in the succeeding bill.

In the event that a meter becomes stuck or damaged, billing shall be based on the quantity used in an equivalent period of time and season, unless circumstance indicates clearly a material change in the rate of consumption, in which case an estimate shall be made of the quantity used, taking into account all pertinent factors, and a bill rendered accordingly.

Upon request and the deposit by the consumer of Twenty-Five and no/100 Dollars ($25.00) for the first test, or Seventy and no/100 Dollars ($70.00) for each additional test within one year, the Department shall test any water meter so specified. If said meter, upon testing, registers no greater than two percent (2%) of required flows over the correct value, the deposit shall be forfeited and all water bills paid as presented; however, if said meter over-registers by more than two percent (2%), the deposit shall be returned and a proportional reduction made in the current bill and another meter substituted therefor.

(Amended by Ord. 2066 adopted 3-4-97)

In case a premises becomes vacant, the regular minimum rates shall be charged and no refund or discount shall be made unless the water has been shut off by the Department upon written request of the consumer.

Whenever a bill for service to any premises becomes delinquent and there has been a change in occupancy without notification to the Department, the new occupant shall be responsible for the portion of such bill covering service after the date of his occupancy if such date can be established to the satisfaction of the Superintendent; otherwise the entire amount shall remain due by former owner or occupant and the service may be shut off and not turned on again until such portion plus any fees hereinafter specified have been paid.

Should any consumer fail or refuse to pay for service furnished and charged for in accordance with the rates hereinabove specified, he shall not again be furnished service at the same or any other location until all of his delinquent bills, plus the fees hereinafter specified, have been paid, and he shall be required to make a deposit to cover future service.

Should an owner of property occupied by a tenant fail or refuse to pay bills for service furnished in his or her name, service may be discontinued and thereafter may not again be resumed until all such bills plus the fees hereinafter specified have been paid, except as otherwise provided by law or City rules and regulations.

(Ord. No. 2368, § 3, 12-3-19)

When water is furnished to a consumer through more than one service at the same or different locations, all such services may be shut off when a bill for any one of them becomes delinquent.

Any water account which is delinquent under the provisions of this Chapter, shall be charged a delinquency fee of Twenty-Five and no/100 Dollars ($25.00) in addition to the full amount of the water service charges in order for service to be resumed. Should it be necessary for the Department to send a representative to turn on the water service after business hours, the delinquency fee shall be One Hundred and no/100 Dollars ($100.00). The delinquency fee shall be paid even though the amount billed has been mailed. Upon collection of the amount hereinabove specified, said service shall be resumed; otherwise it shall be discontinued as required in any such shutoff order.

(Amended by Ord. 1556 adopted 3-2-76; amended by Ord. 2066 adopted 3-4-97)

Should it be necessary to use water through a private fire prevention service for the purpose of maintaining or testing a private fire prevention system, the Department shall authorize such use upon receipt of a written notice stating:

(1) The date and time of such use;

(2) The purpose of such use;

(3) The estimated quantity of water to be used;

(4) The estimated maximum flow.

The Superintendent may restrict non-emergency flows which may be detrimental to or tend to de-water the system.

When it is found that a private fire prevention service has been used for any other purpose than in case of fire, the Department may charge the sum of Twenty-five and no/100 Dollars ($25.00) for each and every incident of unauthorized use. Each day shall be construed as a separate incident. If unauthorized use of private fire prevention service continues, the Department shall notify the Fire Department and the occupant of the property served by said private fire prevention service, in writing, of the unauthorized use of such service and of the Department's intention to discontinue such service in accordance with this Section. If the charge of Twenty-five and no/100 Dollars ($25.00) per incident for unauthorized use of such private fire prevention service shall not have been paid within ten (10) days after the mailing of such notice, the Department shall discontinue such private fire prevention service.

The Superintendent shall have the power in his discretion to adjust complaints and in the event of any dispute as to the water bill rendered to be paid by any consumer or the rate payer, the Superintendent shall determine the same.

Upon any failure to comply with the rules and regulations established as conditions to the use of water, or to pay rates or any other charges due in accordance with the provisions of this Chapter, the water may be shut off until payment of all amounts due is made and full compliance with the rules and regulations is made.

(Ord. 1142 adopted 10-3-61 repealed original Ch. 5, Parts 1 through 4 and added a new Ch. 5, Parts 1 through 5)

The City Council may, by resolution or motion, adopt a policy for discontinuation of residential water service. Such policy may include, but may not be limited to, additional procedures concerning billing, discontinuation of service, notifications, restoration of service, contesting or appealing a bill, extensions and alternative payment arrangements, protections available to qualified low-income customers, and related matters. To the extent a policy adopted pursuant to this section conflicts with any provisions of this Chapter, the policy shall control.

(Ord. No. 2368, § 4, 12-3-19)