Beverly Hills Municipal Code Art. 1 General Provisions Relating to City Utility Service

The city water, waste water, and refuse collection services are governed by the provisions of this chapter. (1988 Code)

Prior to the commencement of city water service, wastewater service, residential and/or commercial solid waste collection service, an application shall be filed with the city. The application shall be on the form designated by the director of public works or his/her designee, and shall be signed by the applicant under penalty of perjury. (Ord. 93-O-2185, eff. 12-17-1993)

A. The following applicants for city utility service shall be required to submit a security deposit:

1. Nonresidential applicants who have never received Beverly Hills utility service and residential applicants who have never received Beverly Hills utility service and whose credit histories do not meet the standards set forth in the rules and regulations promulgated by the director of finance administration;

2. Nonresidential applicants who have not received Beverly Hills utility service within the previous two (2) years and residential applicants who have not received Beverly Hills utility service and whose credit histories do not meet the standards set forth in the rules and regulations promulgated by the director of finance administration;

3. Applicants who have failed to pay utility service bills when payment was due two (2) or more times within the six (6) most recent billing cycles during which that applicant received service.

B. Existing users shall submit a security deposit or an existing security deposit shall be increased to the amount required by subsection C of this section if:

1. City utility service was discontinued for nonpayment of a utility service account; or

2. Payment of city utility service bills have become delinquent four (4) or more times within the six (6) most current billing cycles.

C. If required, a security deposit shall be submitted to the city prior to the commencement or reinstatement of city utility service or, if utility service is being currently provided, the deposit shall be submitted to the city within ten (10) calendar days of a request by the city.

The amount of the security deposit shall be set forth in the rules and regulations promulgated by the director of finance administration. (Ord. 93-O-2185, eff. 12-17-1993)

The following types of security shall satisfy the security deposit requirements:

A. Cash deposited with the city; or

B. Assignment to the city of a certificate of deposit or an interest in a savings account in a federal or state bank or savings and loan. All interest thereon shall accrue to the assignor; or

C. Such other types of security as may be designated in the rules and regulations promulgated by the public works administrator. (1988 Code)

The council shall have the power by resolution to establish, amend, or revise the rates and charges for utility services to any user, whether the service is rendered inside or outside the corporate limits of the city. (1988 Code)

The city will bill monthly for commercial refuse collection service, and will bill bimonthly for water and for waste water service, unless designated otherwise by council resolution. Water and wastewater meter readings will be taken by the city for billing purposes bimonthly, or at such other times as established by rules and regulations of the public works administrator when scheduled readings cannot be accomplished. (1988 Code)

Bills for city utility services shall be due and payable on issuance and mailing of the bill to the user. Bills shall be deemed received by the user seventy two (72) hours after deposit in the United States mail. Bills shall be paid at the location specified on the billing. If the bill is not paid within thirty (30) days of issuance and mailing, it shall be deemed delinquent, and an interest charge as established by resolution of the city council, shall attach on any balance which is delinquent thirty (30) or more days. (Ord. 10-O-2592, eff. 11-18-2010)

A. The city may discontinue utility service upon ten (10) days' written notice to the utility user, which period shall not commence until five (5) days after mailing of such notice for any of the following reasons:

1. Failure of the user to pay any delinquent bill for utility service within fifteen (15) days after the bill becomes delinquent unless there is a bona fide dispute concerning the bill or any portion of the bill which relates to that service;

2. Failure to comply with the provisions of this chapter or any rules or regulations promulgated by the director of public works;

3. Refusal to allow authorized city personnel reasonable access to the premises for inspection or any other purpose related to maintenance or repair of such utility service.

Twenty four (24) hours prior to termination of service, the city shall attempt to notify the utility user by telephone or personal contact of the termination of service and if it is not possible to contact the utility user, notice shall be posted in a conspicuous place not earlier than forty eight (48) hours prior to termination of service.

B. The city may discontinue utility service without notice for any of the following reasons:

1. If an unsafe or hazardous condition exists on the user's premises, or if any apparatus, appliance, or equipment on the user's premises creates an immediate health or safety threat to the public or any person. Upon termination, the city shall notify the user of the reason for the discontinuance and the necessary corrective action to be taken by the user before service will be restored.

2. If a utility service is used without authorization and approval by city. (Ord. 93-O-2185, eff. 12-17-1993)

The user may terminate utility service upon a minimum twenty four (24) hours' notice to the city. The user shall be responsible for all charges incurred until termination of service. (1988 Code)

Where a delinquent utility bill is not paid within forty eight (48) hours of a notice of delinquency issued by the city, or upon termination of utility service by the user, the city may apply the security deposit under section 6-1-103 of this chapter toward satisfaction of the utility charge. (1988 Code)

Security deposits required by section 6-1-103 of this chapter may be released by the city upon request by the utility user, provided that the user has not been delinquent in payment of the utility service charges for at least two (2) years prior to the date of the request. No interest shall be paid by the city on any security deposit. (Ord. 93-O-2185, eff. 12-17-1993)

Any user of city utility service for which the city has imposed a charge shall file an application for such service and shall comply with the provisions of this chapter. Any user wrongfully receiving a utility service provided by the city shall be responsible for all charges accrued for such service. The city may discontinue without notice any city utility service which has not been authorized by the city. (1988 Code)

The amount of any utility charge or penalty imposed by the provisions of this chapter shall be deemed a debt to the city. An action may be commenced on behalf of the city in any court of competent jurisdiction for the amount of any delinquent utility charge or penalty. (1988 Code)

Any person guilty of violating any of the provisions of this chapter shall be punishable as provided in title 1, chapter 3 of this code. (1988 Code)

The conviction and punishment of any person for failure to pay utility charges lawfully due shall not relieve such person from paying the charges due and unpaid at the time of such conviction. All remedies shall be cumulative, and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (1988 Code)