Gilroy Municipal Code § 19.41 Billings

(a) Service charges including penalties thereon and deposits collected shall be together with and not separately from the charges for municipal and nonagricultural processing sewer service and the charges for city water service, and all such charges shall be billed monthly as a part of the same billing and collected as one item.

(b) Service charges, standby charges and right-of-use charges, as well as municipal and nonagricultural processing sewer service charges and city water service charges, shall be billed as follows:

(1) In the case of service charges, including penalties and deposits, to the occupier of the premises at the time service was rendered. The occupier may be deemed, in the case of premises connected to the city water system, to be the user requesting such connection, or successor, or any person requesting that billing be made to it. The occupier may be deemed, in the case of premises not connected to the city water system, to be the user requesting the connect to agricultural processing sewer system, or successor, or any person requesting that billing be made to it.

(2) In the case of standby charges or right-of-use charges, including penalties, and deposits, to the owner of the premises at the time such charge becomes due, or to the person guaranteeing payment of charges.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 24, 9-8-1981)

Upon the failure to pay any charges prior to delinquency, any one or more of the remedies provided herein may, or where otherwise required, shall be taken by the city or city officials to enforce payment.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 24, 9-8-1981)

The city may bring an action in any court of competent jurisdiction, in the case of service charges against the occupiers of the premises at the time service was rendered, and in the case of standby charges or right-of-use charges against the owners of the premises at the time such charge became due, or against any person guaranteeing payment of charges, or against any or all of said occupiers, owners or other persons, for the collection of the amount of any required deposit or the collection of delinquent charges and all penalties thereon.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 24, 9-8-1981)

(a) Delinquent charges and all penalties thereon when recorded as provided by subsection (b) shall constitute a lien upon the real property (except that no such lien shall be created against any publicly owned property) and such lien shall continue until the charges and all penalties thereon are fully paid or the property sold therefor.

(b) The lien provided by subsection (a) shall attach when the treasurer or other officer whose duty is to collect the charge records a list of delinquent unpaid charges and penalties thereon with the county recorder, stating the amount of each charge and the penalty thereon, a description of the real property upon which the same is a lien and that the amount is payable to the City of Gilroy. Such lien shall have the same force, effect, priority and duration as to the property described as would the lien of an abstract of a judgment against the owner of the real property at the time such list is recorded and may be enforced in like manner. Property may be discharged from the lien within one year from the date of recording by the payment of all delinquent charges plus penalties. A list of all such delinquent charges shall be recorded at least every six (6) months, but no delay or informality in recording the same shall invalidate the lien or any unpaid charge or any subsequent act or proceeding. If through error or otherwise the amount of any unpaid charge plus penalties thereon as stated in said list shall be incorrect, said error shall be disregarded and shall not affect or invalidate the filing if said error is one dollar ($1.00) or less.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 24, 9-8-1981)

The city may bring an action in any court of competent jurisdiction to enforce the lien of the charge and all penalties thereon.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 24, 9-8-1981)

If all or any part of a billing is not paid, the city may discontinue any and all services, both sewer and water, for which the billing is rendered. Whenever sewer or water service to a premises has been discontinued, such service shall not be reinstituted until all charges billed as a part of the same billing, including penalties, together with such reasonable charges for reinstitution of such service as may be fixed from time to time by the council, have been paid.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 24, 9-8-1981)

Remedies for collecting and enforcing charges are cumulative and may be pursued alternately, or any thereof may be used consecutively when the council so determines. The costs of collection and enforcement of the remedies for the collection of charges may be paid from the revenues. In any actions provided for by section 19.41.2 or 19.41.4, the persons delinquent or the liened premises, as the case may be, shall also be liable for reasonable attorney’s fees and costs of suit.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 24, 9-8-1981)

In the event the city proposes to issue or issues bonds pursuant to the City of Gilroy Sewer Revenue Bond Ordinance, in order to further secure such bonds or tend to make them more marketable, the city and users of the agricultural processing sewer system may contract with respect to the establishment and collection of charges and other related matters, provided not inconsistent with this article.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 24, 9-8-1981)

In the event bonds pursuant to the City of Gilroy Sewer Revenue Bond Ordinance are outstanding and not discharged, all charges received for, and all other income and receipts derived from the operation of the agricultural processing sewer system or arising from such system, shall be used and applied as provided in the proceedings pursuant to which such bonds are issued. In the event amounts are transferred to the city pursuant to such proceedings, such amounts shall be transferred to the general fund of the city to be used toward the expenses of maintaining and operating the agricultural processing and municipal sewer system.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 24, 9-8-1981)