Fillmore Municipal Code Ch. 16.02 Fees and Charges

Fees and charges made and collected in accordance with and under the authority of this title shall be set and scheduled by ordinance or resolution.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

All fees and charges made and collected in accordance with and under the authority of this title shall be payable to the finance department.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

Potable water service charges shall be assessed and collected as follows:

(1) Monthly User Fees and Charges.

(A) Responsibility. The user of each property connected to the city potable water system shall be responsible for all fees and charges levied against the property even when the property is rented or leased to another party. The city shall bill the property owner for all fees and charges associated with providing water service to a property unless the property owner directs the bills be sent to tenants on the application for Service and executes such other authorizations as the city may require. Directing that bills be sent to a tenant does not remove the property owner's responsibility for the cost of water service to the property.

(B) Level of Charge. No service charge established hereby exceeds the estimated amount required to provide the service for which the charge is levied.

(C) Condition Precedent. As a condition precedent to the issuance of a building permit, the permittee shall pay the fees imposed as a condition of development approval, as determined from time to time under the provisions of Chapter 6.07 of the Fillmore Municipal Code.

(D) Established Uses: Additional Uses. All users lawfully connected to the potable water system shall be deemed to have paid all potable water related development fees and connection fees properly chargeable for the number of ERUs of potable water connected by them to the potable water system; provided, however, that, if such user shall have developed the property to a higher density or for other reasons connects more than the number of ERUs of potable water connected by that user at the time first lawfully connected to the system, then a further connection fee equal to the development fee currently applicable for the difference in use, shall be due and payable by the User to the city.

(E) Cost of Connection Work. In addition to the fees provided for in subsection (C) and (D), the cost or expense to the city for engineering, construction, inspection and similar work associated with any particular physical connection to the potable water system shall be paid by the user, together with a charge for administrative costs in an amount established by resolution of the city council upon completion of the work.

(F) Set Up Fee. A set-up fee in an amount established by resolution of the city council shall be charged for each new user account no matter how many utility services are involved. Said fee shall be due and payable at the time of the request for service.

(G) Reconnection Fee. If potable water service is disconnected pursuant to this title, the user shall be charged a reconnection fee, not to exceed statutory caps to reconnect. Reconnection fees, not to exceed the city's cost to provide the service, shall be established by resolution of the city council and may be adjusted annually pursuant to CPI beginning January 1, 2021. For users with a household incomes below two hundred percent of the federal poverty line only, if potable water service has been discontinued and is to be reconnected, then any reconnection fees during the city's normal operating hours in 20202 cannot exceed fifty dollars, and reconnection fees during non-operational hours cannot exceed one hundred fifty dollars. Reconnection fees shall be subject to an automatic annual adjustment/or changes in the Consumer Price Index.

(H) Monthly Service Rate(s).

(i) The maximum potable water service rates per ERU shall be as approved at the city council's most recent Proposition 218 hearing and shown in the ordinance or resolution adopting the water rates to be charged and collected for potable water service provided to a user, and the schedule of fees and charges imposed and collected under the authority of this title. Each year, or as allowed in the most recently approved ordinance or resolution setting the monthly water rates, an increase may be based on the change in CPI or five percent, whichever is greater. The monthly service fees are used to pay debt service on bonds, fund annual operating expenses, and pay for capital improvement projects, for the potable water enterprise fund.

(ii) The monthly rates for classes of potable water use other than residential dwelling units are based on the size of the potable water meter of each user's connection to the potable water system. Except as may be otherwise provided herein, in the absence of an actual showing to the contrary, developed and evidenced to the satisfaction of the city manager, at the sole expense of the user, it shall be conclusively presumed that a minimum of one ERU is consumed by each and every commercial, manufacturing, industrial and institutional user. The monthly potable water service rate for such Users may be changed whenever the city manager determines by analysis that the quantity or flow characteristics of the user's connection to the potable water system have changed.

(iii) Service charges for existing dwelling units and buildings shall be levied continuously from March 1, 2020, whether or not occupied. Service charges for newly constructed dwelling units and buildings shall be levied when the newly constructed dwelling unit and building receives its certificate of occupancy. In both cases, service charges are to be levied whether or not the dwelling unit and building is occupied.

(iv) Where multiple businesses located in one building do not have individual potable water use facilities and share common potable water facilities used by all businesses in the building (for example, a building composed of individual business offices utilizing a shared restroom or an apartment building), the entire building shall be considered one user and the base potable water service charge per ERU will be determined based upon the common potable water use facilities in proportion to one ERU with a one ERU minimum. The user is responsible for payment of the entire services bill for the building.

(v) Where multiple businesses located in one building have individual potable water use facilities, each business shall be considered a separate entity subject to the one ERU minimum per business. In such situations, the base potable water service charge per ERU for each business shall be determined based upon the type of business being conducted without regard to any other type of business located in the same building. The user is responsible for payment of the entire services bill for the building.

(vi) The city bills water charges on a monthly basis or as established by city council resolution from time to time. Changes in service rates shall be implemented effective with the first date of each billing cycle following the effective date of a changed rate.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020; Ord. No. 22-941, § 2, 6-16-2022)

(1) Bulk Water Service. It is the general policy of the city to require all water service to be provided through metered water connections. It is recognized that from time to time there may be a need for bulk water service on a temporary basis where no permanent metered connection exists. All bulk water service (1) shall be subject to the discretion of the city manager; (2) shall be permitted for a temporary use only; (3) shall be subject to availability of supplies; and (4) shall be made in accordance with the following procedures:

(A) Application for Service. At its discretion, the city may supply bulk water to any user making application for service to the city manager in writing. Except as provided in section D below, a fee in such amount as may be established by resolution of the city council, shall be paid upon each bulk water application. Bulk water service will expire upon the completion of service pursuant to each approved application, not to exceed one year in length.

(B) Blanket Permit for Bulk Water (Hydrant Meter). Where continuing permission for bulk water service is sought, an application may be sought for an annual permit. The deposit is calculated the same as a deposit for bulk water service, shall be established by resolution of the city council, and shall be paid upon each blanket permit application. The permit shall be issued for one calendar year from the date of approval.

(C) Bulk Water Connections (Hydrant Meter). The city manager will specify in writing approving the bulk water permit, the locations in the city's water system that are suitable for withdrawing water and the types of connection valves or devices required by the city for extracting water at these locations. Water may not be extracted directly from the city potable water system without prior written permission from the city manager and issuance of a bulk water permit. A penalty of up to one thousand dollars per day will be charged for any unauthorized extraction. In addition, a water rate (equivalent to the rates established in subsection 16.02.030(1)(H)(i) of this title) shall be charged for water deemed used by any unauthorized user in an amount to be estimated as available from the size of the line or meter connection used for the period of time the unauthorized usage may have occurred.

(D) Rates for Bulk Water (Hydrant Meter). Rates for bulk water usage shall be equivalent to those rates for three-fourths-inch meters established in subsection 16.02.30(1)(H)(i) of this title.

(E) Deposits for Bulk Water Service. A deposit is required at the time of application for any users who has not previously established a satisfactory credit rating with the city. Deposit amounts shall be established by resolution of the city council. Deposits for bulk water service are applied against the final bill and any credit balance is refunded.

(F) Equipment Deposit and Rental Fees. Valves and meters used for connection to the city potable water system may be rented from the city at rates set by resolution of the city council.

(G) Use of Owned Equipment. Users who furnish their own equipment to connect to city potable water facilities must have such connection valve or device approved by the city's director of public works.

(H) Payment of Damages. Damage to any hydrant, meter, valve, pipe or fitting shall be paid by the bulk water user in an amount consisting of actual cost of materials and supplies, FAHR for labor, plus overhead of fifteen percent for each repair.

(I) Limitation on Use. No bulk potable water may be used outside the boundaries of the city without the prior written consent of the city manager. All bulk water permits may be terminated by the city manager at any time without cause.

(2) Agricultural Water Rate. To encourage and support agriculture within the city, an agricultural water rate shall be used for all agricultural users within the city limits. The minimum monthly water charge for an agricultural user is the rate for one hundred HCF (ten thousand cubic feet). Each agricultural user shall pay the standard rate per meter size for the first one hundred HCF of water and fifty percent of the per HCF cost for all HCFs used above the one hundred HCF minimum.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

Should the city perform special potable water sampling, analysis, review, flow measurement, or other activities for any user, the user shall be responsible for all costs incurred for such services. The city will bill the user directly for services so performed by the city in the amount set forth in the fee schedule for city services, or on a time and material basis if such costs exceed the amount set forth in the fee schedule for city services. Charges so billed shall be payable with the next monthly potable water service charge for the premises.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

(1) Establishing a Deposit. A deposit for water service shall be required for all users who have not previously established a satisfactory credit rating with the city. This deposit is separate from and in addition to any deposit required for sanitary sewer services. Deposits are due upon application and shall be charged as may be established by resolution of the city council.

(2) Application of Deposit. After a twenty-four-month time period of satisfactory payment with no delinquencies, the deposit amount can be refunded upon request in writing to the finance department. If any deposit remains at the time of service termination, the deposit shall be applied to the final bill and any remaining unused amount shall be refunded.

(3) Refund of Deposit. All deposits that have not been returned or credited will be applied to the user's closing bill when service is discontinued and the excess, if any, returned to the user. If the amount to be returned is less than one dollar no refund will be made except upon written request. The excess deposit, if any, will be refunded to the user in whose name the original deposit was made.

(4) Forfeit of Deposit. Users who move from the area and leave no forwarding address and having a deposit in excess of the amount due the city shall forfeit their deposit if unclaimed after a period of six months.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)