Coachella Municipal Code Art. II Fees, Charges and Billing

A. The rates set out in this chapter shall be charged and collected by the city of Coachella finance department for all water sold, supplied, distributed or transported by the city, except as may be established by contract.

B. The city will require each prospective customer to apply for the service desired, and also to provide the department with the necessary information to establish credit. The customer will be charged a new account fee in an amount established by ordinance of the city council or authority when applying for service. An additional fee in an amount established by ordinance of the city council or authority may be charged if the customer requires same day turn on.

C. All service applications which require the installation of a new meter will be charged an amount established by ordinance of the city council or authority for the first meter and for each subsequent meter to be installed at a single premises, when all meters are installed at one time.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

The meter rates and commodity charges for water sold, supplied, distributed or transported to customers, whether within or outside of the city limits, unless otherwise herein specified, shall be in amounts established by the city council or authority.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

The monthly bill shall be the sum of the customer charge, commodity charge and the replenishment assessment charge as set forth in Sections 13.03.102 and 13.03.120.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

The rate for water service and water consumed by private fire lines used exclusively for fire protection, whether such lines be connected with automatic sprinkling systems or to hose attachments, shall be in an amount established by ordinance of the city council or authority.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

Private fire line service involving use of surplus water may be made available to customers located outside the city in accordance with rates, terms and conditions contained in contracts approved by the council.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

In addition to the monthly rate for private fire lines set out in Sections 13.03.104 and 13.03.105, the commodity charge specified in Section 13.03.102 shall be charged for all water used for other than fire-extinguishing purposes as recorded on the bypass meter. The department may, as it sees fit, read any such bypass meter and render bills accordingly.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

A. All services furnished to the city, except to the utilities department, shall be paid for at the rates established by this chapter, and all water furnished to the city, except to the utilities department, shall be paid for at the meter rates and commodity charge established by this chapter. Where it is impracticable to furnish such water through a meter for sewer flushing, street sweeping, watering trees, storm drain flushing, construction purposes, and all miscellaneous uses not specifically mentioned in this chapter, such water shall be paid for at the commodity charge established by this chapter. The monthly volume of unmetered water used for such purposes shall be estimated by the utilities general manager and charges for such water shall be made in accordance with such estimates.

B. The commodity charge of the foregoing rates is subject to the replenishment assessment charge described in Section 13.03.120.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

A. Water for construction and miscellaneous uses shall service connection under the conditions stated in Sections 13.03.147 through 13.03.151. The charges be furnished through a metered temporary for use of such water shall be the appropriate meter rates specified in Section 13.03.102.

B. The commodity charge of the rates in this section is subject to the replenishment assessment charge as described in Section 13.03.120.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

The rates provided in this chapter are not applicable to standby or partial service. This type of service may be furnished in accordance with rates, terms, and conditions contained in contracts approved by the council.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

The utilities department shall require each business or commercial applicant for water service to sign an application for the service desired, and also to establish credit. All applications shall be required to provide the following information:

A. Name of applicant;

B. Name of all responsible parties;

C. Social security number of applicant and all responsible parties;

D. Driver's license or California identification card;

E. If business, tax identification number, articles of incorporation, and/or limited partnership documents;

F. Purpose for which service is to be used;

G. Location of premises;

H. Address to which bills are to be mailed or delivered;

I. Telephone number where applicant can be reached;

J. Present address and telephone number of applicant and all responsible parties;

K. Previous address and telephone number of applicant and all responsible parties;

L. Place of work or business of applicant and all responsible parties;

M. Whether applicant is owner, agent or tenant of premises;

N. Necessary information to establish the credit of the applicant and all responsible parties;

O. Other premises receiving service or having received service for same applicant, service name, and all responsible parties;

P. Whether premises have been previously supplied;

Q. Date service is to commence;

R. Such other information as may be necessary to establish identity and credit worthiness of applicant and all responsible parties;

S. Complete and accurate application to restore disconnected service, due to an initial incomplete application.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

Before the commencement of use of water service in single-family domestic premises, the applicant shall inform the department as to desire for water service, sign an application for water service and provide the following information:

A. Name of applicant;

B. Name of roommate or spouse;

C. Social security number of applicant and roommate or spouse;

D. Driver's license or California identification card for applicant and roommate or spouse;

E. Location of premises;

F. Address to which bills are to be mailed or delivered;

G. Telephone number where applicant can be reached;

H. Present address and telephone number of applicant if different than premises;

I. Previous address and telephone number of applicant and roommate or spouse;

J. Place of work or business of applicant and roommate or spouse;

K. Whether applicant is owner, agent or tenant of premises;

L. Necessary information to provide identity of applicant and roommate or spouse;

M. Necessary information to establish the credit of the applicant and roommate or spouse;

N. Other premises receiving service or having received service for same applicant, roommate or spouse;

O. Whether premises have been previously supplied;

P. Date of commencement of service;

Q. Such other information as may be necessary to establish identity and credit worthiness of applicant and roommate or spouse.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

Any customer who fails to timely pay a water bill pursuant to this chapter may be subject to disconnection of the customer's water service and to all disconnection and reconnection fees, in addition to any enforcement mechanisms available to the city under section 13.03.114 or any other provision of law.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

A. Each applicant for water service shall deposit with the finance department a sum in the estimated amount of three months' charges for accounts billed monthly, or four months' charges in the case of accounts billed bimonthly. If the account has a master meter, each applicant for water service, shall deposit with the department a sum in the estimated amount of three months' charges in the case of accounts billed monthly, and four months' charges in the case of accounts billed bimonthly. The deposit is calculated by taking into account all services billed by the department including, but not limited to: water, sewer, utility tax, replenishment assessment charge, and state surcharge, as determined by the department. Such deposit shall be in the form of cash, check, money order, time certificate from a commercial bank or savings and loan, or cashier's check. Deposit amounts shall be no less than the amount established by ordinance of the city council or authority. The calculated deposit shall be added to the applicant's first bill and will be due in accordance with Section 13.03.114 of this code.

B. Any such application for water service who shall have been a customer of sewer service furnished by the department and who shall, during the most recent twelve (12) months within the eighteen (18) months prior to the date of application, have paid before the issuance of any disconnection notice or late charge, all bills for services levied to such applicant by the department and who shall have provided all necessary information for credit identification of such applicant, have no unpaid delinquent closing bills or delinquent accounts with the department, and have a satisfactory rating from a credit reporting agency as chosen by the department, shall not be required to make or maintain any such deposit. Any deposit previously made by such applicant shall, after such twelve (12) months' consecutive payment of bills, be applied to such customer's account after any other unpaid delinquent accounts for such customer are satisfied.

C. Upon the discontinuation of any service, any balance of such deposit remaining in the hands of the department, after all bills for services to such customer have been paid, shall be returned.

D. On the failure of any customer to comply with the terms of this chapter regarding the payment of bills, the department may require the customer to reestablish credit in the manner specified in subsection A of this section for original service.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

A. All charges for water sold, furnished, supplied, or delivered by the department shall be due and payable upon presentation of the bill, and if not paid within twenty (20) days thereafter, shall be deemed delinquent. The department may issue a disconnection notice for any delinquent bill and all services for a customer receiving such notice by mail or other delivery may be disconnected without further notice. If payment is not received thirty-eight (38) days from the original mailing of a bill, the larger of fifteen dollars ($15.00) or one and one-half (1½) percent of the unpaid balance will be charged and collected in addition to other amounts due from the customer. There will be a charge rendered for any dishonored or returned payment received on an account. The amount charged shall be established by resolution and shall include the actual costs for all payments which are not honored by the appropriate financial institutions for any reason.

B. Water service will not be disconnected if, within forty-eight (48) hours following the delivery of a disconnection notice, customer submits a written protest of the disputed bill containing all facts and evidence necessary to review the protest or if the bill is satisfied. The utilities general manager shall have final and conclusive determination of these protests and shall provide this determination to the customer in writing. Should the protest be denied, water service shall be disconnected within either forty-eight (48) hours from the date of personal service of the determination or within five days from the date of mailing of the determination.

C. If the customer is receiving service from the department at more than one premises, service at any or all of the customer's premises receiving service shall be subject to disconnection and discontinuance without further notice when a notice of disconnection has been mailed or delivered to such customer and bills for service at any one or more premises are not paid within the time specified above.

D. Delinquent master metered accounts will be charged a processing fee for unpaid accounts that result in the posting of tenant notices for disconnection of service more than once in a two-year period. The amount of the fee charged shall be established by resolution and shall include the actual cost of processing a delinquent master metered account. The schedule for such fee shall remain on file and be available from the city clerk of the city.

E. Master metered accounts that are delinquent to the point of posting tenants with a "notice of disconnection" will be assessed an administrative penalty as follows:

1. An administrative penalty of two hundred fifty dollars ($250.00) for the second occurrence in a two-year period;

2. An administrative penalty of five hundred dollars ($500.00) for each additional occurrence in a two-year period. The customer whose account is delinquent may appeal assessment, pursuant to Sections 13.02.780 and 13.02.785.

F. When service has been disconnected for nonpayment of bills or as a result of theft of service described in subsection H below, it shall not be reconnected to the same customer except upon payment of all prior billing for service at this account and all other accounts for this customer and any other amounts due to the department as a result of meter tampering, unauthorized use or theft as set forth in subsection H below. When the city sends a representative to disconnect the service for nonpayment of charges or other noncompliance with the provisions of this chapter or rules and regulations adopted pursuant hereto, the account shall be charged an amount established by ordinance of the city council or authority. If a customer turns on or causes to be turned on a disconnected service, the department may again turn off the service using any means to ensure that service may not be reconnected by the customer or an agent of the customer and may charge and collect an amount established by ordinance of the city council or authority in addition to any other applicable fees and costs associated with meter tampering, unauthorized use or theft of service described in subsection H below.

G. Each time a department representative returns to a customer's premises to reconnect a service, an additional fee shall be charged and collected from the customer before service is restored. When same-day service restoration is requested, the service restoration fee shall be an additional amount. The city council shall establish such amounts by ordinance.

H. The following provisions shall apply where it has been determined by the general manager that the unauthorized use or theft of water has occurred by a customer:

1. Service may be disconnected and a fee in an amount established by ordinance of the city council shall be charged and collected in addition to any other amounts due from the customer including, but not limited to, costs associated with the repair and/or replacement of any damaged meters, meter locking devices and/or other related equipment, loss of revenue related to such theft, attorney's fees, city personnel time, resources and investigative costs, in addition to any penalties provided for in any other section of this code or imposed due to violation of state or local law, if a customer has:

a. Caused or allowed interference of registration or recording of usage or the bypassing of the meter either partially or completely; or

b. Restored service by any means after service has been terminated for nonpayment or obtained water without making the proper application or receiving proper authorization from the Coachella utilities department; or

c. Damaged, removed, or tampered in any manner with any part of a meter, meter seal, or meter locking device; or

d. Obtained service by use of a metering device which is not authorized by the Coachella utilities department; or

e. Fraudulently obtained, or attempted to obtain, service by the use of a false name and/or identification, or by placing the account in the name of someone else after service has been disconnected for nonpayment of service fees and/or due to theft of service and circumstances associated therewith as described in this section.

2. Any customer who has been determined by the utilities general manager to have engaged in any of the acts described in subsection H.1. and has had notice of disconnection mailed or delivered shall have service disconnected if proper connection, to the satisfaction of the department, is not established within forty-eight (48) hours of the delivery of the notice. Service shall be restored or established only upon proper connection, to the satisfaction of the department, and the payment of all outstanding fees and costs by the customer. Where the customer has had prior notice of disconnection mailed or delivered by the department and has restored connection without authorization, or where the conduct of the customer has resulted in a hazardous condition, service may be disconnected immediately and shall not be restored until proper connection, to the satisfaction of the department, has been established and all outstanding fees and costs have been paid by the customer.

3. Any customer who has been determined by the utilities general manager to have engaged in any of the acts described in subsection H.1. may appeal the assessment of administrative penalties and costs as described in Sections 13.02.780 and 13.02.785 after the notice of the assessed charges.

I. In the event that a premises is vacant or there is no responsible party on file with the city, the owner of such premises or landlord of such premises shall be liable to the city for the payment of any charges incurred. This includes all charges incurred between the time a tenant vacates the premises and the premises are reoccupied by a new tenant.

J. The department may apply interest to all delinquent accounts.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

Whenever the correctness of any bill for water is in dispute, the utilities and or finance department will cause an investigation to be made.

Bills reflecting clerical or meter errors shall be adjusted to a correct basis as determined by the city's investigation for a period of not to exceed six months prior to discovery of the error. Adjustments for slow or fast meters shall be made in accordance with Sections 13.03.206 and 13.03.207.

In cases where other factors required for application of rate schedule or other provisions, are not subject to exact determination or are in question, or in disputed cases relative to service or rate application, the department shall establish such factors by tests, analyses and investigations to determine the proper basis for making an adjustment, if any. Adjustments in the billing shall then be authorized by the utilities general manager as shown to be proper. Such adjustments shall be subject to review, when requested by the customer or by the city manager.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

Any water rates authorized pursuant to this article which remain unpaid for sixty (60) days past the date upon which they were billed may be collected thereafter by the city, as provided as follows:

1. The city shall cause a report of delinquent water fees to be prepared periodically. The city council shall fix a time, date and place for hearing the report and any objections or protests thereto. The report shall contain a list and description of each parcel of real property to which is attributed a delinquency in the payment of water rates, for a period of sixty (60) days or more, the names of the owners and the total amount of the delinquency attributable to that parcel.

2. The city council shall cause notice of the hearing to be mailed to the owners of the property with delinquencies, as listed on the latest equalized assessment roll. Such notice shall be sent not less than fourteen (14) days prior to the date of the hearing and shall inform the recipients of the amount of unpaid water rates and penalties. Such notice shall inform the owners that the unpaid water rates and penalties will be assessed against and shall result in a lien on their property.

3. At the hearing, the city council shall hear any objections or protests of the landowners who are to be assessed for delinquent fees. The city council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

4. The delinquent water rates, and any penalties thereon, set forth in the confirmed report shall constitute a special assessment against the respective parcels of land and are a lien on the property for the amount of delinquent fees, the late charges, and cost of lien. The city clerk shall certify, over his signature, that the report has been adopted by the city council in its final form, and file the report with the county auditor. In addition, the city clerk shall also record the amount of unpaid charges with the county recorder.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

If all structures in which water is served are removed from a property served by the water system, or if the structure in which water is served is demolished, then the city shall consider the service disconnected and shall provide a prorated adjustment of monthly assessment based upon the first day of the month following the notification of removal or demolition of the structure by the city building official. The owner shall be entitled to a refund of the deposit or to such portion of the deposit as may be unused, upon written application therefore. Termination of service shall be considered equivalent to disconnection.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

After a building water service has been disconnected from the city water system, it shall not be reconnected until all delinquent charges plus penalties, all charges which have accrued since the time of disconnection, any supplementary connection charges, and the estimated cost of reconnection have been paid; the deposit restored to the required amount; and any required guarantee for the payment of bills has been made. In addition to the connection charge, the deposit shall be paid or restored to the required amount as provided in this article. All of the charges, deposits and other amounts required to be paid shall be paid before the building water service is reconnected to the city water system.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

After service to a property has been terminated, the water service connection permit issued for the property shall be considered cancelled. The permit and service shall not be considered as restored until all delinquent charges plus penalties, all charges which have accrued since time of termination, and a restoration charge in an amount established by ordinance of the city council or authority has been paid and the deposit restored to the required amount. In addition to the amount provided in this section, all of the charges, deposits and other amounts required to be paid shall be paid before the permit and service are restored.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)

A. The water rates established by this article shall be subject to annual review and evaluated in conjunction with annual fiscal year budget preparation. Water rates shall be set based upon the actual cost to the city, and shall include costs for providing water service, capital reserve requirements, any administrative overhead allocation as determined by the annual review, plus any deficit recovery as determined by the city council or authority. Administrative overhead cost shall be assessed for providing support services to the enterprise fund and shall be set annually by the city council or authority through an adopted cost allocation plan.

B. Any increase in any currently applicable, legally adopted monthly charge assessed by an agency or district providing water replenishment service to the city shall be immediately passed through to the affected property owners. Any amounts over-collected by the city shall be applied first to the deficit recovery, if any, then to fund balance.

(Ord. No. 1057, § 3(Exh. C), 10-23-13)