Buena Park Municipal Code Ch. 3.36 Water Rates and Charges

This chapter shall apply to water sold or furnished by the city of Buena Park For purposes of this chapter, the term "department" means the finance department.

(Added during 1990 codification)

A. Water bills are due and payable when rendered. Water bills shall be deemed past due twenty days after rendered, and shall be deemed delinquent thirty days after rendered.

B. If bills are not paid when delinquent, water service may be discontinued without further notice. Any account not paid within thirty days will be subject to a penalty equal to one and one-half percent of such delinquent charges. Such penalty imposed under the provisions of this section shall become part of the consumer's account required to be remitted, and shall be due regardless of whether discontinuation of water service is required.

C. If an account is delinquent, and if a service call is made to the consumer at the premises where such water service is provided and such call is for the purpose of effecting a water turnoff, water turnon, or a collection, a service collection charge established by the city council shall be paid by the consumer. Such charge shall be paid even if the account is paid in full at the time of the collection call or on the day of such call, and shall be paid even if a water turnoff is not actually effected.

D. A charge shall be paid by the consumer for each check which is returned to the department unpaid, which charge shall be set by the council.

(Prior code § 33-7; amended during 1990 codification)

In case a building becomes vacant, the regular minimum rate shall be charged and collected from the consumer thereof, whether water is used or not, unless the department is notified by the consumer, in writing, of the fact that the property is unoccupied and requested to cut off water therefrom.

(Prior code § 33-8)

A. On failure to comply with the rules and regulations established as a condition of the use of water, or to pay rates or any charges imposed in the time and manner provided by this chapter, the water may be shut off on any and all services where the delinquent consumer is being supplied with water, until payment of the amount due is made, together with a charge set by the city council in addition as a fee for turning the water off and on. If a service call is required in any of the above circumstances, the consumer shall, in addition, be charged for such service call a fee set by the city council.

B. For service calls required by the terms of this section that are requested by the consumer before or after regular business hours, the consumer will be required to pay a charge set by the city council as a fee for turning the water off and on.

(Prior code § 33-9; amended during 1990 codification)

Should the consumer of any premises, or any person for him or her or on his or her behalf turn on water, or suffer or cause it to be turned on after it has been shut off at the curbcock by the department, the meter may be removed and a penalty set by the city council charged to the consumer. The meter shall not be replaced until all delinquent charges, including the penalty, shall have been paid in accordance with procedures established by the department.

(Prior code § 33-10; amended during 1990 codification)

A. In addition to any other remedy provided by this chapter for the enforcement and collection of any water rate, charge or account, all rates or other charges provided for in this chapter or by an ordinance of the city prescribing water rates shall be charged against the property on which furnished and against the owner thereof. Such rate, charge or account shall be delinquent at the same time and in the same manner as the next regular water bill, and shall be a lien against the property where furnished and, if for any cause any sum owing therefor becomes delinquent, the water shall be shut off and in no case shall it be turned on to the same property until all such delinquency shall have been paid in full.

B. The property owner shall be responsible to the city in an action prosecuted in any court of competent jurisdiction for the amount of all such rates or other charges, reduced by any moneys then on deposit by the consumer, as may be due and unpaid, together with all penalties provided by this code, and costs.

(Prior code § 33-26; amended during 1990 codification)

A. Rates Charged. The rates to be charged and collected by the city for water supplied to consumers within the city shall be as established from time to time by resolution of the city council.

B. Construction Water. All builders, subdividers, land developers and street and highway contractors shall apply to the department for water service. No service shall be provided without meter service. Charges for installation for meter service for construction water shall be as established by the city council.

(Prior code § 33-27; amended during 1990 codification)

If a meter fails to register during any period, or is known to register inaccurately, the consumer shall be charged with an average daily consumption at the same season, as shown by the meter when in use and registering accurately.

(Prior code § 33-28)

A. All rates to be charged and collected by the city for water supplied to consumers outside the city shall be as established by resolution of the city council.

B. New applications for water service in accordance with this section shall be made to the city engineer containing such information as he or she shall require, and shall be accompanied by a nonrefundable fee as set by the city council.

C. All such water shall be metered in accordance with the requirements of this chapter and subject to any conditions imposed by the city council.

D. No consumer shall receive water outside the city without having first applied for and received the express approval of the city council.

(Prior code § 33-29; amended during 1990 codification)

A. All new water service accounts shall be required to deposit a fee set by the city council with the department in advance of the effective date of such new water service, or as otherwise required by the finance director. This deposit will be refunded, without interest, in the following situations:

1. For property owners, after six consecutive billing cycles without appearing on the property owner delinquent turnoff list, or upon the voluntary discontinuance of water service;

2. For tenants, the deposit will be returned only upon voluntary discontinuance of water service.

B. If the city shuts off water service for failure to pay any rates or charges in the time and manner provided by this chapter, the city may require the consumer to make a new deposit per meter. The amount of such deposit, less the amount of any unpaid bills and charges, shall be refunded, without interest, upon discontinuance of water service.

C. With the approval of the director, a service call may be performed at times other than the regular working hours. When such approval is granted by the director, the consumer requesting such service shall be charged a fee set by the city council for such service call.

(Prior code § 33-30; amended during 1990 codification)

Each applicant for construction water shall pay for water service the amounts for each year from date of application as set by the city council.

(Prior code § 33-31; amended during 1990 codification)

A. All persons, except members of the fire department, shall observe the following procedure in the opening of fire hydrants. Upon receiving permission to use a fire hydrant for water service, the director shall have a meter installed. On the outlet side of the meter, a wheel-type gate valve shall be installed by the consumer, which shall be used whenever water is drawn through the hydrant. The hydrant shall be operated only with an approved device designed expressly for the purpose of operating the fire hydrant. Violation of this rule shall result in cancellation of the fire hydrant use, and/or a charge against the deposit for any damage which may have occurred.

B. The fees for installing and rental for a hydrant meter shall be as established by the city council.

C. The deposit and installation charges shall be paid at the time of application.

(Prior code § 33-32; amended during 1990 codification)