Fowler Municipal Code Art. 7 Deposits: Bills

Each applicant for water services shall establish and maintain credit to the satisfaction of the Water Department guaranteeing payment of water services by providing a cash deposit as provided in Section 6-4.702 of this article prior to water services being rendered.

(§ 19-1, Ord. 14-6)

(Ord. No. 2024-01, § 1, 3-5-2024)

(a) The amount of cash deposit required by this article shall be set forth by Council resolution, but such deposit shall not exceed three-times the estimated average monthly bill of a Water user.

(b) No interest shall be paid on any such deposit, and such deposit may be refunded to the Water user as provided in Section 6-4.703 of this article.

(§ 19-2, Ord. 14-6, as amended by § II, Ord. 14-7, and § 2, Ord. 81-2, eff. February 19, 1981)

(Ord. No. 2024-01, § 1, 3-5-2024)

(a) A guarantee deposit with the Water Department made by a Water user who owns the property receiving services, or who is a legal tenant of the property receiving services, and whose account has not been delinquent at any time within the past twelve (12) months, the Water user may submit a written request to the Water Department no less than thirty (30) days prior to that Water user's next utility bill becoming due, that such deposit be refunded after the expiration of said twelve (12) month period. Provided no charges for service are then due, a City warrant in the amount of the deposit will be prepared in the ordinary course of business and forwarded to the Water user. However, the Water user will not qualify for such a refund if any portion of the deposit has been credited to a subsequent utility bill of the Water user, or if the amount of the requested refund is less than $50.00, unless service is properly terminated, and a credit remains in the Water user's account.

(b) If the service is discontinued in less than twelve (12) months, the deposit will be returned to the Water user provided all outstanding bills against the Water user for services have been paid. The security deposit will be applied towards any remaining balance on the Water user's account, and the remainder, if any, shall be refunded to the Water user.

(c) Unless a request for refund is timely made pursuant to subdivision (a) of this section, once a Water user has established a history of twelve (12) consecutive months of timely service payments, the security deposit can be applied to the current account balance as a credit against the account until expended.

(§ 19-3, Ord. 14-6)

(Ord. No. 2024-01, § 1, 3-5-2024)

The regular billing period will be monthly on or about the first day of the month. Such billing shall be with the garbage billing under a single statement.

(§ 11-1, Ord. 14-6, as amended by § III, Ord. 14-7)

Where applicable, meters will be read as nearly as possible on the same day of each billing period.

(Ord. 14-6 § 11-2)

If the total period for which water services are rendered is less than one month, the bill shall not be less than the monthly minimum charge applicable. Closing bills may be estimated by the Water Department for the final period as an expediency to permit the customer to pay the closing bill at the time the water services are discontinued.

(Ord. 14-6 § 11-3)

(a) Water charges shall be due and payable at the office of the Water Department thirty (30) days from the issuance of the bill and shall thereafter become delinquent. Water services may be discontinued in accordance with Section 6-4.1109 of the Fowler Municipal Code.

(b) The water charges shall begin when a service connection is installed and the meter is set, unless the water is ordered to be left shut off when the service connection is ordered to be installed.

(c) Anyone wishing an additional copy of a bill shall pay a fee as established by resolution of the City Council.

(Ord. 14-6 §§ 11-4, 11-6; Ord. 96-6 § 2, 11-14-96)

(Ord. No. 2019-01, § 1, 3-19-19)

Separate bills will be rendered for each regular water service, except where the Water Department, for its own convenience, has installed two (2) or more meters in place of one meter. Where such installations are made, the meter readings will be combined for billing purposes.

(Ord. 14-6 § 11-5)

(a) Penalties. Any charges set forth in this chapter which are not paid on or before the day of delinquency shall be subject to a penalty of fifteen (15) percent.

(b) Suits for Collection. All unpaid rates, charges, and penalties provided for in this chapter may be collected by suit.

(c) Suits for Collection—Costs. The defendant shall pay all costs of suit in any judgment rendered in favor of the City.

(d) Written Policy. Delinquencies shall be subject to any written policy approved by the City Council, which policy shall be posted on the City's internet website. If there is any conflict between this section and the written policy, the written policy shall control.

(Ord. 14-6 §§ 13-1, 13-2, 13-3; Ord. 96-6 § 3, 11-14-96)

(Ord. No. 2019-01, § 1, 3-19-19; Ord. No. 2024-01, § 1, 3-5-2024)

Failure to receive a bill shall not relieve the consumer of liability. Any amount due shall be deemed a debt to the City, and any person failing, neglecting, or refusing to pay such indebtedness shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount thereof.

(Ord. 14-6 § 12-2)

Notwithstanding anything to the contrary in this chapter, all costs of installation, connections and water service and usage shall be charged against the property which water is furnished and the owner thereof shall be responsible therefor. If the occupant of any property who is not the owner thereof fails to meet any payment for water service and usage which may be due, or fails to notify the water department when vacating such property to discontinue water service thereon, then the owner of such property shall be charged for the amount due or for such an amount which may accrue from the continuation of water service to the property.

(Ord. 99-4 § 1, 5-6-99)

Notwithstanding anything to the contrary in this chapter, all fees and charges, including late penalties, imposed pursuant to this chapter shall be subject to collection in the following manner:

(a) At the time the fees and charges become delinquent and until such time they are fully paid the delinquent account balance, including late charges, may constitute an unrecorded lien against the property and, as such, may be identified during a title search. For commercial businesses, delinquent account balances, including late charges, may be considered an unrecorded lien against the business name and/or owner of the business.

(b) Once a year the City Council may cause to be prepared a report of delinquent fees and charges, including late charges. The Council shall fix a time, date and place for hearing the report and receive any objections or protests thereto.

(c) The Council shall cause notice of the hearing to be mailed to the landowners listed on the report not less than fifteen (15) days prior to the date of the hearing.

(d) At the hearing the Council shall hear any objections or protests of landowners liable to be assessed for delinquent fees and charges, including late charges and administrative fees, as set by resolution of the City Council. The Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(e) The delinquent fees and charges set forth in the report as confirmed may constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees and charges, including late charges. A certified copy of the resolution confirming the assessments shall be filed with the County Recorder and the County Auditor-Controller/Tax Collector for the amounts of the respective assessments against the respective parcels as they appear on the current assessment roll. The lien created attaches upon filing. The assessments shall be collected at the same time and in the same manner as other property taxes and may be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of property taxes may be applicable to such assessments. However, if, for the first year for which the charges are prescribed, the property served by the City has been transferred or conveyed to a bona fide purchaser for value, and attached thereon, prior to the date on which the first installment of county taxes would become delinquent, the charge will not result in a lien against the real property, but shall become transferred to the unsecured roll for collection.

(f) In addition to, or alternatively to, imposing a lien, the City may file an action for the collection of any amounts due and unpaid. In any such action, the City shall recover its reasonable attorneys' fees. Delinquent balances may also be processed through a collection agency.

(Ord. 99-4 § 2, 5-6-99)