Fillmore Municipal Code Ch. 16.03 Billing Procedures

This chapter shall apply to all potable water service accounts, including residential, agricultural, commercial and industrial water service accounts.

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

All utility bills are due, payable, and become delinquent from the date of the bill. Utility accounts are subject to discontinuation if not paid within sixty days from the date of the bill and water to the property will be turned off. Payment may be made at finance department or online. Partial payments are not authorized.

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

Users of utility bills not paid by the close of business on the nineteeth calendar day following the date of the bill will be mailed an overdue notice, postage prepaid, which shall include a five-percent late fee added to the original billing to assist in covering the administration and collection of delinquent fees. Payments for overdue billings are due on or before the date printed on the overdue notice and are subject to an interest charge equal to one and one-half percent per month interest charge on any unpaid previous balance continuing thereafter until paid. However, the city must waive late fee charges for users with a household income below two hundred percent of the federal poverty line once every twelve months.

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

If payment is not received by the city by the close of business on the nineteenth calendar days following the date of the bill, a delinquent notice of the overdue payment (the "overdue notice") will be mailed to the user. A user may contact the finance department at 805-524-1500 ext. 136 to discuss options to prevent the discontinuation of potable water services.

If the user's address is not the address of the property to which the service is provided, the overdue notice must also be sent to the address of the property served, addressed to "occupant."

Each overdue notice must contain the following:

(1) User's name and address;

(2) Amount of delinquency;

(3) Date by which payment or arrangement for payment must be made to avoid discontinuation of service;

(4) Description of the process to apply for an extension of time to pay the amount owing;

(5) Description of the procedure to petition for review and appeal of the bill giving rise to the delinquency;

(6) Description of the procedure by which the user can request a deferred, amortized, reduced or alternative payment schedule;

(7) The procedure for the user to obtain information on the availability of financial assistance, including private, local, or federal sources, if applicable; and

(8) The telephone number of a representative of the city who can provide additional information.

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

If the city is not able to contact the user by written notice (e.g., a mailed notice is returned as undeliverable), the city will make a good faith effort to visit the residence and leave, or make other arrangements to place in a conspicuous location, an overdue notice, and a copy of this title.

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

At least ten days prior to disconnection of water service to the property, city shall mail a second notice, the final delinquent notice, in an effort to the user to ensure the user received notice at least forty-eight hours before disconnection. The district shall not shut off water until the customer's payment is at least sixty days late. This second mailed notice shall include:

(1) User's name and address;

(2) Amount of delinquency;

(3) Date by which payment or arrangement for payment must be made to avoid discontinuation of service;

(4) The procedure for the user to obtain information on the availability of financial assistance, including private, local, or federal sources, if applicable; and

(5) The telephone number of a representative of the city who can provide additional information.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020; Ord. No. 22-941, § 3, 6-16-2022)

Payment for water service charges must be received by the city no later than 4:00 p.m. on the date specified in the overdue notice. Postmarks are not adequate to prove the city's receipt.

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

Upon receipt of a returned check rendered as remittance for water service and/or other water-related charges, the account will be considered unpaid and a handling fee, in an amount set by resolution of the city council, will be charged for each check returned to the city for insufficient funds. The city will attempt to notify a user by mail or telephone when the city is advised that a check cannot be cashed. 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 overdue notice; or, if an overdue notice had not been previously provided, no sooner than the sixtieth calendar day after the invoice 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 check or money order.

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

The city shall not discontinue potable water service if all of the following conditions are met:

(1) Health Conditions. The user or tenant of user submits certification of a "primary care provider", as defined in Welfare and Institutions Code Section 14088(b)(1)(A), that discontinuation of water service would be life threatening, or pose a serious threat to the health and safety of a person residing at the property;

(2) Financial Inability. The user demonstrates he or she is financially unable to pay for water service within the water system's normal billing cycle. A user is deemed "financially unable to pay" if the user or any member of the user'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 the user declares the user's household annual income is less than two hundred percent of the federal poverty level; and

(3) Alternative Payment Arrangements. The user enters into an amortization agreement, alternative payment schedule or a plan for deferred or reduced payment, consistent with the provisions of chapter 16.04 and makes payments as required by that agreement, schedule, or plan, as applicable.

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

(1) The user must prove compliance with the conditions described in Section 16.03.090. In addition, to allow the city sufficient time to process any user request for assistance under 16.03.090, the user must provide the finance department with the necessary documentation demonstrating certifying the medical issues under Section 16.03.090(1), financial inability under Section 16.03.090(2) and willingness to enter into any alternative payment arrangement under Section 16.03.090(3), at least 15 calendar days before any proposed date for discontinuation of service.

(2) Upon receipt of such documentation, the city's director of finance shall review that documentation and respond to the user within five calendar days to either request additional information, including information relating to the feasibility of the available alternative arrangements, or to notify the user of the alternative payment arrangement and terms thereof, pursuant to which the city will allow the user to participate in an alternative payment arrangement.

(3) If the city has requested additional information, the user shall provide that requested information within three calendar days of receipt of the city's request. within five calendar days of its receipt of that additional information, the city shall either notify the user in writing that the user does not meet the conditions under Section 16.03.090, or notify the user in writing of the alternative payment arrangement and terms thereof, pursuant to which the city will allow the user to participate.

(4) Users who fail to meet the conditions described in Section 16.03.090, must pay the delinquent amount, including any penalties and other charges, owing to the city within the latter to occur of: two business days after the date of notification from the city of the city's determination the user failed to meet those conditions; or the date of the impending service discontinuation, as specified in the overdue notice, whichever is later.

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

Upon request, using a city supplied written request form, any user may sign and file a request for an extension of time to pay past due service charges to the finance department. This request must be made prior to receiving the forty-eight-hour shut off notice (final delinquent notice). Extensions may be granted to a user on a case by case basis, however, only up to two extensions per calendar year may be granted. Extension requests provide an additional seven days from the scheduled discontinuation date to pay past due charges and are non-negotiable. Written requests must be approved by the finance director.

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