Ceres Municipal Code Ch. 09 Enforcement of City Water Code Violations

Should the Department of Public Works determine that any utility customer, or person using the utilities with the consent of the customer, has violated the provisions of this title, the utility customer shall be served, either personally, by mail, or by posting at the residence or business premises of the customer, a warning notice stating the acts or conduct which constitute the violation and stating that any further violation(s) will result in the issuance of a citation.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. Should a utility customer, or person using the utilities with the consent of the customer, violate the provisions of this title after being served a warning notice as provided in section 13.09.010 such person shall be issued a citation. Said citation shall state:

1. The date, time, and circumstances of the violation;

2. The location of the violation;

3. The amount of the penalty imposed;

4. The appeal rights of the customer.

B. The citation may be served either personally, by certified mail, or by posting at the residence or business premises of the customer.

C. Separate houses, buildings, living, or business quarters on the same parcel or on adjoining parcels, under a single control or management, may be served at the option of the applicant, by either of the following methods:

1. Through separate service connection to each unit, provided that the pipeline system from each service is independent of the others, and it is not interconnected. Turning off the service to a unit turns off all water to the inside of the unit.

2. Through a single service connection to the entire premises; provided that the water piping for all units is interconnected. If multiple units are served through a single service, the property owner shall be responsible for the payment of charges for all services supplied to all units. The property owner shall sign an agreement with the City to hold the City harmless for any damage that may occur due to the water being disconnected for nonpayment of charges.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The amount of the penalty imposed for citations issued under this chapter shall be established by the City Council, and may be amended from time to time by resolution of the City Council. Any penalty imposed may be added to and collected as part of the regular municipal utility account of any person or business against whom the penalty has been assessed. Failure of the utility customer to pay the penalty shall be cause for termination of utility services. Said penalty may also be collected in any manner allowed by law.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A utility customer shall have the right to appeal the citation before the City's Director of Public Works or their designee, provided the request for an appeal is filed with the Department of Public Works within ten days from the service of the citation. Notice of the appeal hearing and the rules and regulations regarding the conduct of the appeal hearing shall be those provided in title 1.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Failure of any utility customer to pay the penalty fees imposed as provided pursuant to this chapter shall be grounds to discontinue water service until compliance is obtained.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The City Council does hereby designate the following persons as persons who are authorized to investigate violations of this title, serve warning notices, and issue citations required or authorized by this subsection:

A. Water Conservation Officers;

B. Code Enforcement Officers;

C. Sworn Police Officers;

D. Community Service Officers;

E. Volunteers in public service and field employees of the Department of Public Works who are specifically designated by the Director of Public Works.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Service may be discontinued for any one of the following reasons:

A. For service being received through a master meter, delinquency in the payment of any bill, except that residential service shall not be discontinued to a residential occupant for nonpayment in any of the following situations:

1. During the pendency of any investigation by the City of a customer dispute or complaint;

2. When a customer has been granted an extension of the period for payment of a bill;

3. For an indebtedness owed by the customer to any other public agency or when the obligation represented by the delinquent account or other indebtedness was incurred with any public agency other than the City;

4. When a delinquent account relates to another property owned, managed or operated by the customer; or

5. When a public health or building officer certifies the termination would result in a significant threat to the health or safety of the residential occupants or the public;

B. For service through an individual meter, delinquency in the payment of any bill, except that residential service shall not be discontinued to a residential occupant for nonpayment in any of the following situations:

1. During the pendency of any investigation by the City of a customer dispute or complaint;

2. When a customer has been granted an extension of the period for payment of a bill;

3. For an indebtedness owed by the customer to any other public agency or when the obligation represented by the delinquent account or other indebtedness was incurred with any public agency other than the City;

4. When a delinquent account relates to another property owned, managed or operated by the customer; or

5. When: (a) a licensed physician or surgeon certifies that to do so will be life-threatening to the customer; (b) the customer is financially unable to pay for service within the normal payment period; and (c) the customer is willing to enter into an amortization agreement with the City and requests permission to amortize, over a period not to exceed six months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal payment period;

C. The unauthorized taking of water or the taking of water in excess of the amount paid for;

D. Failure of the customer to maintain his or her facilities in a suitable condition to prevent waste of water;

E. The existence of any unprotected cross-connections on the customer's premises or the lack of adequate backflow protection at the service connection;

F. Any violation by the customer of any rules and regulations of the City governing water service;

G. Any situation which presents an immediate health hazard to the public water system. In such cases, the City may discontinue water service immediately without notice, and service shall be locked and remain inactive until corrective action has been approved by the City. The City shall attempt to contact the customer by telephone and shall mail a certified letter to the customer as soon as reasonably possible to set forth the reasons for the emergency. Conditions that create a basis for the immediate discontinuance of water service shall include, but are not limited to, the following items:

1. Direct or indirect connection between the public water system and a sewer line;

2. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;

3. Unprotected direct or indirect connection between the public water system and an auxiliary water system.

4. Sanitary sewer overflows, either into the storm drainage system or on private property, exacerbated by continued use of the public water system.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. Before any proposed discontinuance of service for nonpayment of a delinquent account, except those as described in subsection C of this section, the City shall provide a notice of delinquency to the customer to whom the service is billed of the proposed discontinuance.

B. Every notice of discontinuance of service required by this section shall include all of the following information:

1. The name and address of the customer whose account is delinquent;

2. The amount of the delinquency;

3. The date by which payment or arrangements for payment is required in order to avoid discontinuance and, if different, the date discontinuance of service is scheduled;

4. The telephone number of a representative of the City who can provide additional information or institute arrangements for payment.

C. Whenever the City furnishes any individually metered residential service to residential occupants in a multi-unit residential structure, mobile home park or permanent residential structures in a labor camp, as defined in Cal. Health & Safety Code section 17008, where the owner, manager or operator is listed by the City as the customer of record, the City shall provide a notice of delinquency ten days prior to discontinuance of service to each of the residential occupants similar to that listed in subsection B of this section, except that the notice will state that the property owner is responsible for the delinquent account and that residential occupants have the right to be customers. If it is not reasonable or practical to post the notice on the door of each residential unit, the City shall post two copies of the notice in each accessible common area at each point of access to the structure or structures.

(Ord. No. 2019-1054, § 2, 12-9-2019)

No water service shall be shut off to any customer or user because of any delinquency in payment commencing on any Saturday, Sunday, legal holiday or at any time during which the business offices of the City are not open to the public. Water service may be turned on to a customer or user outside of normal business hours after receipt of payment of delinquencies within 72 hours, regardless of the time of day payment is received by the City.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The Finance Director or designee is authorized to investigate complaints and review disputes pertaining to any matters for which service may be discontinued and to rectify errors and settle controversies pertaining to such matters. The Finance Director or designee is also authorized, upon a proper showing by a residential customer of the customer's inability to pay a delinquent bill during the normal period, to grant permission to amortize the unpaid balance over a reasonable period of time, not to exceed 12 months.

(Ord. No. 2019-1054, § 2, 12-9-2019)

If an amortization agreement is authorized by the Finance Director, no discontinuance of service shall be affected for any residential customer complying with such agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. The City shall not discontinue service unless the customer has failed to comply with the amortization agreement or has failed to keep the account current as charges accrue in each subsequent billing period for 60 days or more. Prior to discontinuing service, the City shall give notice to the customer, at least five business days prior to his or her discontinuance of the City's intent to disconnect service conditions the customer is required to meet to avoid discontinuance; but the notice does not entitle the customer to further investigation by the City. The notice shall be posted in a prominent and conspicuous location at the customer's property.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Continued habitation of any building or continued operation of any commercial or industrial facility where water service has been discontinued is declared to be a public nuisance. The City may cause proceedings to be brought for the abatement of the occupancy of the building or industrial or commercial facility during the period of such violation.

(Ord. No. 2019-1054, § 2, 12-9-2019)

During the period of any disconnection, the habitation of such disconnected premises by human beings shall constitute a public nuisance, which shall authorize the City to bring proceedings for the abatement of the occupancy of the premises during the period of the disconnection. In such event, and as a condition of restoring service, the City shall be paid necessary charges for or incurred in the restoration of service. In any administrative action or legal proceeding initiated by the City to abate a public nuisance under this chapter, the prevailing party shall be entitled to recover attorney's fees; provided, that attorney's fees shall only be available in those actions or proceedings in which the City has provided notice at the commencement of such action or proceeding that the City intends to seek and recover attorney's fees.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. In the event that any customer fails to make any payment provided for in this chapter, the customer and subject property shall be in default, and the City may declare the balance, or any remaining balance, due and payable.

B. In the event the City is required to bring legal action to enforce any provision of this chapter, including but not limited to the collection of delinquent fees, penalties or other charges, the prevailing party shall be entitled to recover its reasonable attorney's fees, interest, court costs and other costs incurred in such action; provided, that such fees shall only be available in those actions or proceedings in which the City has provided notice at the commencement of such action or proceeding that the City intends to seek and recover attorney's fees.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The City declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The remedies set forth in this article for the collection and enforcement of rates, charges and penalties are cumulative and may be pursued alternatively, concurrently or consecutively with remedies made available by local and State law.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Each and every day or part of a day that a violation of this chapter continues shall be deemed a separate offense under this chapter and shall be punishable as such.

(Ord. No. 2019-1054, § 2, 12-9-2019)