Sec. 20-9. - Disconnection of service for failure to pay water charges.

In the event that any monthly sum or charge for water furnished by the city under this chapter shall become due and owing to the city and remain unpaid for one (1) month or more from the time the same fell due, the city may, through its officers, agents or servants, shut off the water from the premises occupied by the person from whom the charges remain outstanding, and water service shall not be reinstated until all sums due or owing shall be paid in full. The city council shall establish water disconnection and reinstatement charges by resolution.

In the event that more than one (1) family or water user is occupying or utilizing any structure for which there is only one (1) water connection, tap or meter for the structure, such water connection, tap or meter may in all cases be shut off from the structure as provided in this section where any portion of the charges due for water furnished for the occupants of the structure, or any of them, remains unpaid one (1) month or more from the time the same fell due as specified in this chapter.

(Ord. No. 50, §§ 1, 2; Ord. No. 81 §§ 1, 2; Ord. No. 190, § 1; Ord. No. 311, § 1; Ord. No. 354, § 6.)

(Ord. No. 457, § 2, 7-6-2010)

(a)

The property owner, as determined by the real property tax roll of the Colusa County assessor, is liable for payment of water use and connection charges, where connections currently exist or where new connections are made, for services by connection with the city water system. The charges shall be in such amount and manner as shall be established and fixed from time to time by resolution of the city council and shall be for services furnished to the property by the city.

(b)

The liability of the property owner for these charges exists even if the user of the water service is not the owner of the property. An occupant other than the owner may pay the charges on behalf of the owner. All new service accounts shall be in the property owner's name.

(c)

It is the responsibility of the owner of the real property to provide the city finance director with the current billing address and to notify the city finance director of any changes of address.

(d)

The fees for water services and connection charges established by this article shall be payable to the city.

(e)

It shall be the duty of the finance department to the city to collect all charges provided for in this chapter.

(Ord. No. 395, § 3; Ord. No. 436, § 8.)

(Ord. No. 494, § 2, 11-5-2013)

(a)

The water service or connection charges imposed pursuant to these regulations constitute a lien upon the parcel of real property to which such service was rendered.

(b)

Lien Recorded—Procedure.

(1)

Notwithstanding any provision in this Code to the contrary, any water service charges which have become delinquent shall cause the owner of such property to have a lien on the property pursuant to the procedure provided in this section. Any such lien shall be recorded with the county recorder.

(2)

Prior to the recordation of a lien for delinquent charges, the public works director shall cause the notice of an opportunity for hearing on the delinquent charges to be mailed to the owner. For purposes of this section, the term "owner" shall have the meaning given it in these regulations. If the owner desires a hearing thereon, he shall request such a hearing by notifying the city clerk thereof in writing within ten days after the date shown on the notice. Any such hearing shall be set not earlier than ten days after receipt of the owner's request. The hearing shall be held before the city council. The decision of the city council shall be final and conclusive.

(3)

At the expiration of the time within which to request a hearing, or upon a decision adverse to the owner after hearing, the city council shall cause such lien to be recorded with the county recorder in the form and manner prescribed by law. Thereafter, such lien shall not be released by the director of finance unless and until it is fully and completely paid or an acceptable arrangement with the city has been agreed to by the city.

(4)

The director of finance is authorized to determine the administrative costs of the delinquency, including costs associated with processing the delinquent account, which will be subject to an individual lien pursuant to the recording procedures of this section. Delinquent charges will be collected as a special assessment. Not less often than once a year, the public works director may initiate proceedings to make delinquent water service charges a special assessment against the parcels of property to which such service was rendered.

(5)

The public works director shall transmit through the city manager to council, a report of delinquent charges.

(6)

Hearing. Upon receipt of the report, the city manager shall fix a time, date and place for the city council to hear the report, and any protests or objections thereto. At the time fixed for consideration of the report, the council shall hear it with any objections of the property owners liable to be assessed for delinquent accounts. The council may make such revisions, corrections, or modifications of the report as it may deem just; and in the event the council is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the city council on the report and on all protests or objections thereto shall be final and conclusive.

(7)

Method of Collection; Applicability of Other Liens, Laws, etc.

(A)

Upon confirmation of the report by the council, the delinquent charges contained therein shall constitute a special assessment against the property at which the services were rendered. Thereafter, such assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent ordinary property taxes.

(B)

The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property, and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessments.

(8)

Report Transmitted to Auditor. A certified copy of the confirmed report shall be filed annually with the county auditor on or before August 15th. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current years.

(Ord. No. 436, § 9.)