El Monte Municipal Code Ch. 13.06 Water Billing; Delinquencies and Disconnection of Service

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Editor's note— Ord. No. 2968, § 4, adopted Feb. 18, 2020 amended Ch. 13.06 in its entirety to read as herein set out. Former Ch. 13.06, §§ 13.06.010—13.06.060, pertained to water service rates, and derived from prior code §§ 7421—7424; Ord. 2516 § 1 (part), adopted in 2000.

The procedures set forth under Sections 13.06.020 through 13.06.040 shall apply to residential water consumers only. For purposes of this Chapter, the capitalized term "Policy" shall be a collective reference to the policies and procedures set forth under Sections 13.06.020 through 13.06.040. All other water consumers shall be governed by the provisions of Section 13.06.050 and such other provisions of the El Monte Municipal Code as may be applicable to non-residential water consumers. The provisions of Section 13.06.050 shall have no application to residential water consumers.

(Ord. No. 2968, § 4, 2-18-2020)

A. The charges set forth under Section 13.04.020 through 13.04.040 of Chapter 13.04 (Water Service System) are billed to water customers on a bi-monthly basis in arrears. Residential water service charges shall become due and payable upon presentation (hereinafter, the "Due Date") and shall become delinquent if not paid within thirty (30) calendar days thereafter (hereinafter, the "Delinquency Date"). Except as otherwise provided under this chapter, water service is subject to discontinuation if such charges are not paid within sixty (60) days from the delinquency date. Payment may be made at the El Monte City Hall during the city's normal business hours. It is the consumer's responsibility to assure that payments are received by city in a timely manner. Partial payments are not authorized unless prior approval has been received from the city. Bills will be computed as follows:

1. Meters will be read at regular intervals for the preparation of periodic bills and as required for the preparation of opening bills, closing bills, and special bills.

2. Bills for metered service will show the meter reading for the current and previous meter reading period for which the bill is rendered, the number of units, date, and days of service for the current meter reading.

3. City billings shall be paid in legal tender of the United States of America. Notwithstanding the foregoing, the city shall have the right to refuse any payment of such billings in coin.

B. Delinquent Bills. The following rules apply to residential consumers whose bills remain unpaid for more than sixty (60) days following the delinquency date:

1. If less than a minimum bill (i.e., less than the account's bi-monthly meter charge) remains unpaid on any billing, it shall be carried over and added to the next billing period.

2. Delinquency Notice. If payment for a bill rendered is not made on or before the thirtieth (30 th ) day following the due date, a notice of overdue payment (the "delinquency notice") will be mailed to the water service consumer at least seven (7) business days prior to the discontinuation of service date identified in the delinquency notice. For purposes of this policy, the term "business days" shall refer to any days on which the El Monte City Hall is open for business during its regular business hours. If the consumer's address is not the address of the property to which the service is provided, the delinquency notice must also be sent to the address of the property served, addressed to "occupant." The delinquency notice must contain the following information:

a. Consumer's name and address;

b. Amount of delinquency;

c. Date by which payment or arrangement for payment must be made to avoid discontinuation of service;

d. Description of the process to apply for an extension of time to pay the amount owing as set forth under Section 13.06.030, below;

e. Description of the procedure to petition for review and appeal of the bill giving rise to the delinquency as set forth under Section 13.06.040, below; and

f. Description of the procedure by which the consumer can request a deferred, amortized, reduced or alternative payment schedule as set forth under Section 13.06.030 below.

The city may alternatively provide notice to the consumer of the impending discontinuation of service by telephone. If that notice is provided by telephone, the city shall offer to provide the consumer with a copy of this policy and also offer to discuss with the consumer the options for alternative payments, as described in Section 13.06.030, below, and the procedures for review and appeal of the consumer's bill, as described in Section 13.06.040, below.

3. Unable to Contact Customer. If the city is unable to contact the consumer by written notice (e.g., a mailed notice is returned as undeliverable) or by telephone, the city will make a good faith effort to visit the residence and leave, or make other arrangements to place in a conspicuous location, a notice of imminent discontinuation of water service for non-payment, and a copy of this policy.

4. Late Charge and Other Fees. The City Council, by resolution, may establish and from time to time modify a schedule of fees, charges and penalties in an amount approved by City Council. Except as otherwise provided under this chapter, such fees, charges and penalties may be added to the outstanding balance on the consumer's account if the amount owing on that account is not paid before the delinquency notice is generated.

5. Water Shut-Off Deadline. Payment for water service charges must be received at El Monte City Hall no later than 2:30 p.m. on the date specified in the delinquency notice. Payment made by regular mail that is postmarked on or prior to the water shut-off deadline but received by city after the deadline will not be considered timely submitted.

6. Notification of Returned Check. Upon receipt of a returned check rendered as remittance of water service or other charges, the city will consider the account not paid. The city will attempt to notify the consumer in person and leave a notice of termination of water service at the premises. Water service will be disconnected if the amount of the returned check and returned check charge are not paid by the due date specified on the notice, which due date shall not be sooner than the date specified in the delinquency notice; or, if an delinquency notice had not been previously provided, no sooner than the sixtieth (60 th ) day after the due date for which payment by the returned check had been made. To redeem a returned check and to pay a returned check charge, all amounts owing must be paid by cash or certified funds.

7. Returned Check Tendered as Payment for Water Service Disconnected for Nonpayment.

a. If the check tendered and accepted as payment which resulted in restoring service to an account that had been disconnected for nonpayment is returned as non-negotiable, the city may discontinue said water service upon at least three (3) calendar days' written notice. The consumer's account may only be reinstated by receipt of outstanding charges in the form of cash or certified funds. Once the consumer's account has been reinstated, the account will be flagged for a one-year period indicating that a non-negotiable check was issued by the consumer.

b. If at any time during the one year period described above, the consumer's account is again disconnected for nonpayment, the city may require the consumer to pay cash or certified funds to have that water service restored.

8. Conditions Prohibiting Discontinuation. The city shall not discontinue residential water service if all of the following conditions are met:

a. Health Conditions. The consumer or tenant of the consumer submits certification of a primary care provider that discontinuation of water service would (a) be life threatening, or (b) pose a serious threat to the health and safety of a person residing at the property (The term "primary care provider" shall have the same meaning as set forth under Section 116910(a)(1) of the California Health & Safety Code as the same may be amended from time to time.); and

b. Financial Inability. The consumer demonstrates he or she is financially unable to pay for water service within the water system's normal billing cycle. The consumer is deemed "financially unable to pay" if any member of the consumer's household is: (a) a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants, and Children; or (b) the consumer declares the household's annual income is less than two hundred (200) percent of the federal poverty level; and

c. Alternative Payment Arrangements. The consumer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the provisions of 13.06.030, below.

9. Process for Determination of Conditions Prohibiting Discontinuation of Service. The consumer bears the burden of proving compliance with the conditions described in subsection B.8. of this section, above. To allow the city to commence the processing and consideration of any request for assistance by a consumer, the consumer shall first provide the city with the necessary documentation demonstrating the medical issues under subsection B.8.a. of this section, above; financial inability under subsection B.8.b. of this section, above; and a willingness to enter into any alternative payment arrangement under subsection B.8.c. of this section, above, as far in advance of any proposed date for discontinuation of service as possible. Upon receipt of such documentation, the Finance Director, shall review that documentation and respond to the consumer within seven (7) calendar days to either request additional information, including information relating to the feasibility of the available alternative arrangements, or to notify the consumer of the alternative payment arrangement, and terms thereof, under Section 13.06.030, below, in which the city will allow the consumer to participate. For purposes of this section, the capitalized term "Finance Director" shall mean the Finance Director the City of El Monte or his or her designee. If the city has requested additional information, the consumer shall provide the requested information within five (5) calendar days of receipt of the city's request. Within five (5) calendar days of its receipt of the additional information, the city shall either notify the consumer in writing that the consumer does not meet the conditions of subsection B.8 of this section, above, or notify the consumer in writing of the alternative payment arrangement, and terms thereof, under Section 13.06.030, below, in which the city will allow the consumer to participate. Consumers who fail to meet the conditions described in subsection B.8. of this section, above, must pay the delinquent amount, including any penalties and other charges, owing to the city within the latter to occur of: (i) two (2) business days after the date of notification from the city of the city's determination the consumer failed to meet those conditions; or (ii) the date of the impending service discontinuation, as specified in the delinquency notice.

10. Special Rules of Low Income Consumers. Consumers are deemed to have a household income below two hundred (200) percent of the federal poverty line if: (a) any member of the consumer's household is a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants, and Children; or (b) the consumer declares the household's annual income is less than two hundred (200) percent of the federal poverty level. If a consumer demonstrates either of those circumstances, then the following shall apply:

a. Reconnection Fees. If water service has been discontinued and is to be reconnected, then any reconnection fees during the city's normal operating hours may not exceed fifty dollars ($50.00), and reconnection fees during non-operational hours may exceed one hundred fifty dollars ($150.00). Such fees may not exceed the actual cost of reconnection if that cost is less than the statutory caps referenced in the preceding sentence. Fee caps may be adjusted annually for changes in the Consumer Price Index for the Los Angeles-Long Beach-Anaheim metropolitan area beginning on January 1, 2021.

b. Interest Waiver. The city shall not impose any interest charges on delinquent bills.

11. Landlord-Tenant Arrangements. The below procedures apply to individually metered detached single-family dwellings, multi-unit residential structures and mobile home parks where the property owner or manager is the customer of record and is responsible for payment of the water bill.

a. Required Notice.

i. At least ten (10) calendar days prior if the property is a multi-unit residential structure or mobile home park, or seven (7) calendar days prior if the property is a detached single-family dwelling, to the possible discontinuation of water service, the city must make a good faith effort to inform the tenants/occupants at the property by written notice that the water service will be discontinued.

ii. The written notice must also inform the tenants/occupants that they have the right to become customers to whom the service will be billed, without having to pay any of the then-delinquent amounts.

b. Tenants/Occupants Becoming Customers.

i. The city is not required to make water service available to the tenants/occupants unless each tenant/occupant agrees to the terms and conditions for water service and meets the city's requirements and rules.

ii. If (a) one or more of the tenants/occupants assumes responsibility for subsequent charges to the account to the city's satisfaction, or (b) there is a physical means to selectively discontinue service to those tenants/occupants who have not met the city's requirements, then the city may make service available only to those tenants/occupants who have met the requirements.

iii. If prior service for a particular length of time is a condition to establish credit with the city, then residence at the property and proof of prompt payment of rent for that length of time, to the city's satisfaction, is a satisfactory equivalent.

iv. If a tenant/occupant becomes a customer of the city and the tenant's/occupant's rent payments include charges for residential water service where those charges are not separately stated, the tenant/occupant may deduct from future rent payments all reasonable charges paid to the city during the prior payment method.

(Ord. No. 2968, § 4, 2-18-2020)

A. For any consumer who meets the three (3) conditions set forth in subsection B.8 of Section 13.06.020, above, in accordance with the process set forth in subsection B.9. of Section 13.06.020, above, the city shall offer the consumer one of the following alternative payment arrangements, to be selected by the city in city's discretion: (i) amortization of the unpaid balance under subsection A.1. of this section, below; (ii) alternative payment schedule under subsection A.2. of this section, below; (iii) partial or full reduction of unpaid balance under subsection A.3. of this section, below; or, (iv) temporary deferral of payment under subsection A.4 of this section, below. The Finance Director, shall, in the exercise of reasonable discretion, select the most appropriate alternative payment arrangement after reviewing the information and documentation provided by the consumer and taking into consideration the consumer's financial situation and city's payment needs.

1. Amortization. Any consumer who is unable to pay for water service within the city's normal payment period and meets the three conditions set forth under subsection B.8. of Section 13.06.020, above, as the city shall confirm, may, if the city selects this alternative, enter into an amortization plan with the city on the following terms:

a. Term. The consumer shall pay the unpaid balance, with the administrative fee and interest as specified in subsection A.1.b. of this section, below, over a period not to exceed twelve (12) months, as determined by the Finance Director; provided, however, that the Finance Director, in his or her reasonable discretion, may apply an amortization term of longer than twelve (12) months to avoid undue hardship on the consumer. The unpaid balance, together with the applicable administrative fee and any interest to be applied, shall be divided by the number of months in the amortization period, and that amount shall be added each month to the consumer's ongoing monthly bills for water service.

b. Administrative Fee; Interest. For any approved amortization plan, the consumer will be charged an administrative fee, in the amount established by the city from time to time by resolution, representing the cost to the city of initiating and administrating the plan. At the discretion of the Finance Director, interest at an annual rate not to exceed eight (8) percent shall be applied to any amounts to be amortized under this subsection A.1.

c. Compliance with Plan. The consumer must comply with the amortization plan and remain current as charges accrue in each subsequent billing period. The consumer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to an amortization plan. Where the consumer fails to comply with the terms of the amortization plan for sixty (60) calendar days or more, or fails to pay the consumer's current service charges for sixty (60) calendar days or more, the city may discontinue water service to the consumer's property at least five (5) business days after the city posts at the consumer's residence a final notice of its intent to discontinue service.

2. Alternative Payment Schedule. Any consumer who is unable to pay for water service within the city's normal payment period and meets the three conditions set forth in B.8. of Section 13.06.020, above, as the city shall confirm, may, if the city selects this alternative, enter into an alternative payment schedule for the unpaid balance in accordance with the following:

a. Repayment Period. The consumer shall pay the unpaid balance, with the administrative fee and interest as specified in subsection A.2.b. of this section, below, over a period not to exceed twelve (12) months, as determined by the Finance Director; provided, however, that the Finance Director, in his or her reasonable discretion, may extend the repayment period for longer than twelve (12) months to avoid undue hardship on the consumer.

b. Administrative Fee; Interest. For any approved alternative payment schedule, the consumer will be charged an administrative fee, in the amount established by the city from time to time by resolution, representing the cost to the city of initiating and administering the schedule. At the discretion of the Finance Director, interest at an annual rate not to exceed eight (8) percent shall be applied to any amounts to be amortized under this subsection A.2. of this section.

c. Schedule. After consulting with the consumer and considering the consumer's financial limitations, the Finance Director, shall develop an alternative payment schedule to be agreed upon with the consumer. The alternative schedule may provide for periodic lump sum payments that do not coincide with the city's established payment date, may provide for payments to be made more frequently than monthly, or may provide that payments be made less frequently than monthly, provided that in all cases, subject to subsection A.2.b. of this section, above, the unpaid balance and administrative fee shall be paid in full within twelve (12) months of establishment of the payment schedule. The agreed upon schedule shall be set forth in writing and be provided to the consumer.

d. Compliance with Plan. The consumer must comply with the agreed upon payment schedule and remain current as charges accrue in each subsequent billing period. The consumer may not request a longer payment schedule for any subsequent unpaid charges while paying delinquent charges pursuant to a previously agreed upon schedule. Where the consumer fails to comply with the terms of the agreed upon schedule for sixty (60) calendar days or more, or fails to pay the consumer's current service charges for sixty (60) calendar days or more, the city may discontinue water service to the consumer's property at least five (5) business days after the city posts at the consumer's residence a final notice of its intent to discontinue service.

3. Reduction of Unpaid Balance. Any consumer who is unable to pay for water service within the city's normal payment period and meets the three conditions set forth in subsection B.8. of Section 13.06.020, above, as the city shall confirm, may, if the city has selects this alternative, receive a reduction of the unpaid balance owed by the consumer, not to exceed twenty (20) percent of that balance; provided that any such reduction shall be funded from a source that does not result in additional charges being imposed on other city customers. The proportion of any reduction shall be determined by the consumer's financial need, the city's financial condition and needs, and the availability of funds to offset the reduction of the consumer's unpaid balance.

a. Repayment Period. The consumer shall pay the reduced balance by the due date determined by the Finance Director, which date (the "reduced payment date") shall be at least fifteen (15) calendar days after the effective date of the reduction of the unpaid balance.

b. Compliance with Reduced Payment Date. The consumer must pay the reduced balance on or before the reduced payment date, and must remain current in paying in full any charges that accrue in each subsequent billing period. If the consumer fails to pay the reduced payment amount within sixty (60) calendar days after the reduced payment date, or fails to pay the consumer's current service charges for sixty (60) calendar days or more, the city may discontinue water service to the consumer's property at least five (5) business days after the city posts at the consumer's residence a final notice of its intent to discontinue service.

4. Temporary Deferral of Payment. Any consumer who is unable to pay for water service within the city's normal payment period and meets the three (3) conditions set forth in subsection B.8 of Section 13.06.020, above, as the city shall confirm, may, if the city selects this alternative, have payment of the unpaid balance temporarily deferred for a period of up to six (6) months after the payment is due. The city shall determine, in its discretion, how long of a deferral shall be provided to the consumer.

a. Repayment Period. The consumer shall pay the unpaid balance by the deferral date (the "deferred payment date") determined by the Finance Director. The deferral payment date shall be within twelve (12) months from the date the unpaid balance became delinquent; provided, however, that the Finance Director, in his or her reasonable discretion, may establish a deferred payment date beyond that twelve (12) month period to avoid undue hardship on the consumer.

b. Compliance with Reduced Payment Date. The consumer must pay the reduced balance on or before the deferred payment date, and must remain current in paying in full any charges that accrue in each subsequent billing period. If the consumer fails to pay the unpaid payment amount within sixty (60) calendar days after the deferred payment date, or fails to pay the consumer's current service charges for sixty (60) calendar days or more, the city may discontinue water service to the consumer's property at least five (5) business days after the city posts at the consumer's residence a final notice of its intent to discontinue services.

(Ord. No. 2968, § 4, 2-18-2020)

A. The procedure to be used to appeal the amount set forth in any bill for residential water service is as follows:

1. Initial Appeal. Within ten (10) calendar days of receipt of the bill for water service, the consumer has a right to initiate an appeal or review of any bill or charge rendered by the city. Such request must be made in writing and be delivered to the Office of the City Clerk to the attention of the Finance Director. For so long as the consumer's appeal and any resulting investigation is pending, the city may not discontinue water service to the consumer.

2. Delinquency Notice Appeal. In addition to the appeal rights provided under subsection A.1. of this section, above, any consumer who receives an delinquency notice may request an appeal or review of the bill to which the delinquency notice relates at least five (5) business days after the date of the delinquency notice if the consumer alleges that the bill is in error with respect to the quantity of water consumption set forth on that bill; provided, however, that no such appeal or review rights shall apply to any bill for which an appeal or request for review under subsection A.1. of this section, above, has been made. Any appeal or request for review under this subsection must be in writing and must include documentation supporting the appeal or the reason for the review. The request for an appeal or review must be delivered to the Office of the City Clerk to the attention of the Finance Director within that five (5) business day period. For so long as the consumer's appeal and any resulting investigation is pending, the city may not discontinue water service to the consumer.

3. Appeal Hearing. Following receipt of a request for an appeal or review under subsections A.1. or A.2. of this section, above, a hearing date shall be promptly set before the Finance Director. After evaluation of the evidence provided by the consumer and the information on file with the city concerning the water charges in question, the Finance Director shall render a decision as to the accuracy of the water charges set forth on the bill and shall provide the appealing consumer with a brief written summary of the decision.

a. If water charges are determined to be incorrect, the city will provide a corrected invoice and payment of the revised charges will be due within ten (10) calendar days of the invoice date for the revised charges. If the revised charges remain unpaid for more than sixty (60) calendar days after the corrected invoice is provided, water service will be disconnected, on the next regular working day after expiration of that sixty (60) calendar day period; provided that the city shall provide the consumer with the delinquency notice in accordance with subsection B.2. of Section 13.06.020, above. Water service will only be restored upon full payment of all outstanding water charges, penalties, and any and all applicable reconnection charges.

b. If the water charges in question are determined to be correct, the water charges are due and payable within two (2) business days after the Finance Director's decision is rendered. At the time the Finance Director's decision is rendered, the consumer will be advised of the right to further appeal before a hearing officer designated by the City Manager ("Hearing Officer"). Any such appeal must be filed in writing within seven (7) calendar days after the Finance Director's decision is rendered if the appeal or review is an initial appeal under subsection A.1. of this section, above, or within three (3) calendar days if the appeal or review is a delinquency notice appeal under subsection A.2. of this section, above. The appeal hearing will occur at a date agreed to by the consumer and the Hearing Officer.

c. For an initial appeal under subsection A.1. of this section, above, if the consumer does not timely appeal to the Finance Director the water charges in question shall be immediately due and payable. In the event the charges are not paid in full within sixty (60) calendar days after the original billing date, then the city shall provide with the delinquency notice in accordance with subsection B.2. of Section 13.06.020, above, and may proceed in discontinuing service to the consumer's property.

d. For a delinquency notice appeal under subsection A.2. of this section, above, if the consumer does not timely appeal to the Finance Director, then the water service to the subject property may be discontinued on written or telephonic notice to the consumer to be given at least twenty-four (24) hours after the latter to occur of: (i) the expiration of the original sixty (60) calendar day notice period set forth in the delinquency notice; or (ii) the expiration of the appeal period.

e. When a hearing before a Hearing Officer is requested, such request shall be made in writing and delivered to the Office of the City Clerk to the attention of the City Manager with copy to the Finance Director. The consumer will be required to personally appear before the Hearing Officer and present evidence and reasons as to why the water charges on the bill in question are not accurate. The Hearing Officer shall evaluate the evidence presented by the consumer, as well as the information on file with the city concerning the water charges in question, and render a decision as to the accuracy of said charges.

f. If the Hearing Officer finds the water charges in question are incorrect, the consumer will be invoiced for the revised charges. If the revised charges remain unpaid for more than sixty (60) calendar days after the corrected invoice is provided, water service will be disconnected, on the next regular working day after expiration of that sixty (60) calendar day period; provided that the city shall provide the consumer with the delinquency notice in accordance with subsection B.2. of Section 13.06.020, above. Water service will be restored only after outstanding water charges and any and all applicable reconnection charges are paid in full.

g. If the water charges in question are determined to be correct, the water charges are due and payable within two (2) business days after the decision of the Hearing Officer is rendered. In the event that charges are not paid in full within sixty (60) calendar days after the original billing date, then the city shall provide the consumer with a delinquency notice in accordance with subsection B.2. of Section 13.06.020, above, and may proceed in discontinuing water service to the consumer's property.

h. Any overcharges will be reflected as a credit on the next regular bill to the consumer, or refunded directly to the consumer, at the sole discretion of the Hearing Officer.

i. Water service to any consumer shall not be discontinued at any time during which the consumer's appeal is pending.

j. The Hearing Officer's decision shall be final and binding.

B. Restoration of Water Services. To resume or continue water service that has been discontinued by the city due to non-payment, the consumer must pay a security deposit and a reconnection fee established by the City Council by resolution, subject to the limitations set forth in B.10.a. of Section 13.06.020, above. The city will endeavor to make such reconnection as soon as practicable as a convenience to the consumer. The city shall make the reconnection no later than the end of the next regular working day following the consumer's request and payment of any applicable reconnection fee.

(Ord. No. 2968, § 4, 2-18-2020)

A. Non-Residential Water Consumers. This section shall apply to all non-residential water consumers.

1. When all or any part of any water bill remains unpaid after the date on which it becomes delinquent, a penalty of ten (10) percent of the total amount of such bill shall be added to such bill upon its becoming delinquent and shall be collected from the consumer. If a water service bill becomes delinquent, the Water Department shall also issue a shutoff notice to the water customer and the city shall also assess and include to the water customers outstanding account balance thirty-five dollars ($35.00) for the delivery cost of the shut-off notice. The foregoing notwithstanding, the issuance of a shut-off notice by the city shall not be a pre-condition to the water customers' ongoing duty to immediately pay all past due sums, plus interest, applicable processing fees and penalties. If the delinquent bill, plus all penalties and fees, is not paid in full by the lock-off date indicated in the shut-off notice and water service is disconnected by the city, an additional penalty amount of fifty dollars ($50.00) shall be charged to the water customer.

2. Notwithstanding any other provisions of this section to the contrary, billings may be made and charges collected for services furnished to any consumer subject to this section at such times as the City Council shall consider to be in the best interest of the Water Department and the water customer so billed.

3. If a water meter is "locked off" (i.e., shut off) by the Water Department due to nonpayment by the consumer, and the lock is damaged or removed, a twenty-five dollar ($25.00) charge will be added to the water customer's account to replace the lock. If a lock is removed from a meter, the meter may be subject to immediate removal by the Water Department without further notice to prevent fraud, further damage or unauthorized use of water services. A one hundred dollar ($100.00) charge will be added to the customer's account in the event of such removal by the city. In the event that a meter has been removed by the Water Department and thereafter the customer's premises is reconnected to the public water supply system without the prior approval of the Water Department, the city may impose a civil penalty in the amount of five hundred dollars ($500.00) per day for each day following the date of removal of the meter to the date of discovery of the illegal service connection in addition to all other civil and criminal penalties which may be imposed upon the customer under applicable law. The customer's account must be paid in full before a water meter which has been removed by the Water Department pursuant to this subsection will be reinstalled.

4. If a water consumer account is closed, and the final billing is not paid within thirty (30) days after the closing date, the balance due on the closed and delinquent account (plus all penalties and fees) will be transferred to any other open Water Department account that is in the customer's name. An additional twenty-five dollar ($25.00) charge shall be payable by the customer for the transfer of such a balance to an open account.

5. A charge of one hundred fifty dollars ($150.00), or an amount equal to the actual cost to the Water Department, whichever is greater, shall be payable by each customer who requests maintenance work from the Water Department at a time other than regular business hours for Water Department field service personnel ("after hours charge"). Each customer who submits a request for maintenance work subject to an after-hours charge, must first sign a Water Department form agreeing to pay the after-hours charge within fourteen (14) days of the date of the performance of the work by the Water Department. If the after-hours charge is not paid within fourteen (14) days, a penalty in the amount of ten (10) percent of the after-hour charge will be added to the amount due and shall be added to the customer's water account balance payable to the Water Department.

6. All backflow devices that are tested by the Water Department will be billed at the rate of cost plus ten (10) percent administration fee. This charge will be added to the customer's next bimonthly billing.

7. Every customer service connection to the public water supply system is equipped with a control valve at the meter which may be used when necessary to shut off the water supply for the entire premises. The control valve shall not be operated by the customer. Upon request, such control valve will be operated by the Water Department during regular business hours without charge to the customer two (2) times per year. Any additional request for such control valve operation will be billed to the customer at a rate of fifty dollars ($50.00) for each temporary disconnection/reconnection, except as provided in subsection 3 of this section.

8. Only employees or authorized agents of the Water Department may connect or disconnect the customer's service to or from the public water supply system. The customer shall pay the cost of any reinstallation or remedial work of the Water Department which is required to restore the public water supply system following any such made necessary by any unauthorized addition, modification or removal of such water service.

(Ord. No. 2968, § 4, 2-18-2020)

The charges imposed under Sections 13.04.020 through 13.04.040 of the El Monte Municipal Code are established under the authority of Division 5, Part 3, Chapter 6, Article 4 (Sanitation and Sewerage Systems) of the California Health and Safety Code (Health and Safety Code Section 5470 et seq.). To the fullest extent permitted by law, all delinquent sums owed to the city which are imposed under the provisions of this chapter shall constitute a lien upon the real property parcel corresponding to the delinquent water service account. Accordingly, the city, having complied with the procedural requirements of Government Code Section 53755(a)(3) and the procedural and approval requirements of Health and Safety Code Section 5473, may, pursuant to and in compliance to Health and Safety Code Section 5473a, collect all such delinquent sums on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from its general taxes. This section shall apply to both residential and non-residential consumers.

(Ord. No. 2968, § 4, 2-18-2020)

No person, entity, individual, business, corporation, service provider, or the like shall be permitted to place or cause the placement of any fee or special assessments on the water utility billings. The city, by the establishment of this section, shall be the only duly authorized entity to cause the placement of any fee on the water utility billings. Prior to the placement of any fee or assessment on the water utility billing, the City Council must determine a finding of need prior to consideration of the requested for billing placement.

(Ord. No. 2968, § 4, 2-18-2020)

A. In accordance with the provisions established within the context of this chapter and Chapter 13.04 of the El Monte Municipal Code, the City Council of the city does reserve the right to place service items and fees as may be established on the water utility bill in conjunction with the billing provisions set forth in Chapter 13.04 of this code provided that such fees are established by resolution of the City Council, not contrary to any other billing provision or regulatory provisions, and have been established as a result of a special needs assessment areas, or other legally established provision as may be determined either currently or in the future.

B. Should the City Council of the city determine either by resolution or City Council action that the placement of any authorized designated fee on the water utility billing is warranted, such fee(s), upon approval by the City Council, shall be placed on the water utility billing in accordance with the provisions established within the context of this code and applicable law.

C. Service rates for the placement of fees on the water utility bill must be established by resolution of the City Council.

(Ord. No. 2968, § 4, 2-18-2020)

A. It shall be the responsibility of the city to ensure that each billing unit or allocation other than those providing for the metered water rate commodity charges, water service meter base charges, fire protection water service charges, billing and collection of water service commodity charges, water service meter charges, or other charges associated with the utilization water and/or water services be allocated in accordance with the rates and fees established by resolution of the City Council as so required.

B. Should it be established by resolution of the City Council that the establishment of fees are warranted and have been allocated for placement on the water utility billing in accordance with the provisions of this code, it shall be the responsibility of the registered water consumer to pay all fees in accordance with the billing provisions.

(Ord. No. 2968, § 4, 2-18-2020)