Chino Hills Municipal Code Ch. 13.05 Utility Billing

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Editor's note— Ord. No. 407, § 1, adopted March 26, 2024, amended Ch. 13.05 in its entirety to read as herein set out. Former Ch. 13.05, §§ 13.05.010—13.05.170, pertained to similar subject matter, and derived from Ord. No. 228, § 1, 11-10-2009; Ord. No. 332, § 1, 11-13-2018; Ord. No. 348u, §§ 1—5, 1-28-2020; Ord. No. 349, §§ 1—6, 2-11-2020.

The City Council of the City of Chino Hills adopts this chapter pursuant to the City's police powers and applicable provisions of the California Government Code and California Health and Safety Code. The chapter is intended to conform with California Public Utilities Code §§ 10001 et seq.

(Ord. No. 407, § 1, 3-26-2024)

The following definitions shall apply unless the context clearly requires or indicates a different meaning:

"Customer" means any person who makes application for utility service(s) and is responsible for payment of the utility bill.

"Director" means the Finance Director of the City, or other person designated by the City Manager.

"New customer" means any customer who does not have a payment history established with the City within the previous twenty-four (24) months.

"Person" means any person, firm, association, organization, partnership, business trust, company or corporation, or any municipal, political or governmental corporation, district, body or agency, other than the City.

"Utility" means sewer or water service, or any combination, provided by the City.

(Ord. No. 407, § 1, 3-26-2024)

Each customer desiring utility service shall apply in the form and manner prescribed by the Director. By applying for, and using utilities, the customer agrees to be, and is, subject to the provisions of this chapter and all rules and regulations of the City.

(Ord. No. 407, § 1, 3-26-2024)

To avoid paying a security deposit, persons seeking to establish a utility service account shall establish credit, which may be established upon qualifying under any one of the following criteria:

A. The applicant is a current utility customer with the City and has paid all bills for service without having been temporarily or permanently discontinued for nonpayment during a period of twelve (12) consecutive months immediately before applying for a new utility account;

B. The applicant was a utility customer with the City in the past two (2) years and during the last twelve (12) consecutive months that service was provided, paid all bills for the service without having been temporarily or permanently discontinued for nonpayment; or

C. The applicant otherwise establishes credit to the City's reasonable satisfaction.

(Ord. No. 407, § 1, 3-26-2024)

A. If creditworthiness is not established by one of the means set forth in Section 13.05.040 above, then the City may require a customer to deposit a sum of money with the City to guarantee payment of all utility charges.

B. The Director may set the amount of the deposit up to three times the amount of the estimated average monthly bill for the property served. The City shall credit the amount of the deposit, without an interest payment, to the customer's account upon the discontinuance of any service and after applying the deposit to any outstanding customer utility bill(s). Any balance of the deposit then remaining with the City will be returned to the person making the deposit, without interest.

(Ord. No. 407, § 1, 3-26-2024)

Utility customers shall pay the service charges imposed by the City on a periodic basis determined by the Director. Utility bills are due and payable at the place or places designated by the City and are legal debts of the customer owing and payable to the City. Failure to receive a bill does not relieve the customer from the responsibility of paying charges and/or penalties. Bills for service are due and payable upon presentation and are considered delinquent if not paid in full prior to the next calendar day following presentation. Residential water service shall not be discontinued for nonpayment until at least sixty (60) days have passed from the date of the bill. Postmarks will not be considered for the cancellation of delinquent charges.

(Ord. No. 407, § 1, 3-26-2024; Ord. No. 420, § 1, 9-23-2025)

A penalty of ten dollars ($10.00) or ten (10) percent of the current delinquent charges, whichever is greater, applicable to a customer account will be imposed when the shut-off notice is generated. If the date of delinquency is a Saturday, Sunday, or bank holiday, the charge becomes delinquent at the close of the next regular business day. The City may also charge a discontinuance processing fee on a delinquent account.

(Ord. No. 407, § 1, 3-26-2024; Ord. No. 420, § 2, 9-23-2025)

A. The Director will review the accounts of customers who dispute charges within thirty (30) days of the bill date or request additional time to pay a bill because of financial need, before the City terminates service. If an error is found after the review, the City will promptly correct the error and, if required and at the City's sole discretion, either credit the customer account or give the customer a refund.

B. The review conducted by the Director will include consideration of whether to establish a payment arrangement for the customer to pay any unpaid balance of the delinquent account over a reasonable time not to exceed twelve (12) months. Unless otherwise required by this code, the City will not terminate service for customers fully complying with such a payment arrangement.

C. Water bills shall contain information regarding dispute resolution procedures set forth in this chapter.

(Ord. No. 407, § 1, 3-26-2024)

Any customer may request, in the form and manner prescribed by the Director, an extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment. The application for a payment arrangement shall be filed with the Director before the date and time of discontinuance of service as is stated on the discontinuance notice. The Director shall review the request for extension of payment and consider the customer's ability to pay, past payment history, and the amount due, and may approve a payment arrangement, not to exceed twelve (12) months. Any customer whose request for a payment arrangement has resulted in an adverse determination by the Director may appeal the determination within five (5) days to the City Manager, or designee.

(Ord. No. 407, § 1, 3-26-2024)

Retroactive adjustments will be provided to a customer's utility bill when an error in customer billing has occurred. The maximum period for retroactive adjustments is three (3) years before the date that the City is first notified, in the form and manner prescribed by the Director, of the error. Any overpayment or under billing adjustments will be included as a credit or charge on the customer's future utility bill(s) unless other arrangements are requested by the customer and approved by the Director.

(Ord. No. 407, § 1, 3-26-2024)

Computations of the flat rate portion of any monthly service charges for less than a full billing cycle, is based on a daily rate. The daily rate will be determined by taking the monthly rate and dividing it by thirty (30). If a customer discontinues service and closes the customer's account, service charges will be computed at the applicable daily rate from the last billing date to the account closing date. Service charges for a new customer will commence on the account opening date.

(Ord. No. 407, § 1, 3-26-2024)

A. When calculating the charges for water, the City will not charge for water use that is less than one hundred (100) cubic feet per billing period. Water meters will ordinarily be read approximately every thirty (30) days except for holidays and weekends. Meter readings may also be taken for any reasonable purpose, as determined by the Director, including, without limitation, change of customer or changes of meter size. If a meter cannot be read or if a meter has not registered or has registered incorrectly, the quantity of water used will be estimated based on the average consumption at the property or substantially similar property during a like period of time.

B. Tampering with or breaking a meter or lock will result in the assessment of a penalty consisting of a fixed amount plus expenses and other costs, as determined by the City Council.

(Ord. No. 407, § 1, 3-26-2024)

A. Pursuant to California Public Utilities Code Section 10010.1, the City will not discontinue service for nonpayment of a delinquent account unless the City first gives notice of the delinquency and impending discontinuance ten (10) days before the proposed discontinuance, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed. The ten (10) day period will commence five (5) days after the termination notice is mailed. The City will make a reasonable attempt to contact an adult person residing at the premises of the utility customer by telephone or personal contact at least twenty-four (24) hours before any utility service is terminated, except that whenever telephone or personal contact cannot be accomplished, the City will give, either by mail or in person, or by posting in a conspicuous location at the premises, a notice of discontinuance of service at least forty-eight (48) hours before discontinuance.

B. The City will make available to its customers who are sixty-five (65) years of age or older, or who are dependent adults as defined in California Welfare and Institutions Code Section 15610.23, a third-party notification service as specified in California Public Utilities Code Section 10010.1(c). Should the customers designate a third party, the City will attempt to notify a person designated by the customer to receive notification when the customer's account is past due and subject to discontinuance. The notification will include information on what is required to prevent discontinuance of service. The residential customer shall make a written request for third-party notification on a form provided by the City, and include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges nor prevent or delay service termination.

C. In accordance with California Public Utilities Code Section 10010.1(d), every termination notice 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.

4. The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges.

5. The procedure by which the customer may request repayment of the unpaid charges.

6. The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable.

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

D. No termination of utility service may occur without compliance with this section. Any service wrongfully discontinued shall be restored without charge for the restoration of a service and a notation of the restoration shall be mailed to the customer at his or her billing address.

(Ord. No. 407, § 1, 3-26-2024; Ord. No. 420, § 3, 9-23-2025)

A. No utility service will be discontinued by the City, due to delinquency, on a Saturday, Sunday, bank holiday, or at any time during which the business offices of the City are not open to the public. The City may not discontinue service for nonpayment of a delinquent account under any of the following situations:

1. During the pendency of an investigation by the City of a customer dispute or complaint, or request for extension of the period for the payment of a bill;

2. When a customer has been granted an extension of the period for payment of a bill, provided the customer keeps the account current as charges accrue in each subsequent billing period; or

3. All of the conditions set forth in California Health and Safety Code Section 116910, subsection (a), are met.

B. Service will be discontinued if payment has not been received or no arrangements have made to pay the delinquent bill. If payment is not made within the specified time as identified above or for any other reason relating to nonpayment of an outstanding bill or charge, including, without limitation, checks returned for insufficient funds, credit card denial, or other, similar, type of payment problems, a service charge, in an amount determined by the City Council will be charged and due and payable with respect to each time service is processed for discontinuance.

C. Except as provided in California Public Utilities Code Section 10009, where utility service is shut off, service will not be restored until all required payments (including, without limitation, arrearage, penalties, deposits and service charges) are paid in full. Service will be reinstated only after payment has been received or special payment arrangements were made with the Director. After-hours service activations, if available, will require the customer to pay an additional service charge, above and beyond all required payments and penalties, in an amount determined by the City Council.

(Ord. No. 407, § 1, 3-26-2024; Ord. No. 420, § 4, 9-23-2025)

All charges and penalties imposed pursuant to this chapter are civil debts owed to the City by the customer as to the account to which the charges and penalties apply. The Director may elect to collect delinquent utility charges and penalties by referral to the City Attorney for civil action, by sending to a collection agency, by any other legally permissible means, or by employing the lien procedures set forth in this section.

A. Except as otherwise allowed by law, in the event of delinquent service charges, the City may at its discretion elect to record a special assessment lien on the property to which said charges have been imposed in the amount of the delinquent service charges and any associated penalties and fees. The City shall collect such charges by their addition to the current assessment roll pursuant to the procedures set forth in this chapter, or any other applicable procedures under state law.

B. In April of each calendar year, the Finance Director shall cause to be created and filed with the City Clerk a report proposing the collection of delinquent service charges to be collected by addition to the current assessment roll and describing properties with delinquent service charges, including the address of the property owner, and the amount of the delinquent service charges for each property for the period ending January 31 of each calendar year.

C. The City Council shall conduct a hearing in July of each year, where it will consider the contents of the report and any objections or protests from affected property owners. The City shall publish notice of the date, time, and location of the hearing in a newspaper of general circulation within the City of Chino Hills, once a week for two (2) consecutive weeks prior to the hearing as set forth in California Government Code Section 6066. Notice containing the date, time and location of the hearing shall also be mailed to each property owner with delinquent service charges at least forty-five (45) days before the public hearing.

D. At the conclusion of the hearing, the City Council may make revisions or corrections to the report as it deems just and shall confirm the report by resolution.

E. The delinquent charges set forth in the report as confirmed by the City Council shall constitute special assessments on the secured tax roll against the respective properties and shall be recorded as a lien on those properties in the amount of such delinquent charges or fees as of the date the City Council confirms the report.

F. The county auditor shall enter, as a separate item on the secured tax bill, the amount of each delinquent service charge against each respective property contained in the report as it appears on the current assessment roll for the purpose of collecting such charges. The county tax collector shall include the amount of the delinquent service charges on bills for taxes against the property and thereafter the amount of said charges shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. The provisions of this section will only be applicable to delinquent charges where the customer is the landowner or has executed a lien authorization agreement.

G. As a separate, distinct and cumulative remedy established for the collection of said charges and penalties thereon an action may be brought in the name of the City in any court of competent jurisdiction to enforce the lien of the charge and all penalties thereon. In such action, a reasonable attorney's fee shall be awarded to the City.

(Ord. No. 407, § 1, 3-26-2024)

A. When the City furnishes water service to residential occupants in a multi-unit residential structure, mobile home park, or permanent residential structures in a labor camp, as defined in California Health and Safety Section 17008, where the owner, manager, or operator is listed by the City as the customer of record, the City will comply with the notice and other requirements of Public Utilities Code Section 10009.

B. Whenever the City furnishes water service to residential occupants through a master meter in a multi-unit residential structure, mobile home park, or permanent residential structures in a labor camp, as defined in California Health and Safety Section 17008, where the owner, manager, or operator is listed by the City as the customer of record, the City will comply with the notice and other requirements of Public Utilities Code Section 10009.1.

(Ord. No. 407, § 1, 3-26-2024)

The Director is authorized to promulgate policies and procedures to implement this chapter.

(Ord. No. 407, § 1, 3-26-2024)