Gustine Municipal Code Art. 4 Rates and Charges

Water rates and charges fixed and established by this chapter shall be paid by consumers and shall be collected by the finance department.

Charges for water service and use become delinquent if not paid on or before the last day of the month billed. If a bill for services becomes delinquent, the finance director shall send the user a written notice regarding discontinuance of water service that shall comply with the requirements set forth in California Public Utilities Code §§ 10009 et seq. and California Health and Safety Code §§ 116900 et seq., as applicable and as those sections may be amended, and the City's policy on discontinuation of water service.

(Ord. No. 507, § 1, 9-15-2020)

Unpaid water charges become delinquent after the last working day of the month billed. There shall be imposed a penalty equal to ten percent of the amount due which shall be charged for each month of delinquency after the last working day of the original billing.

(Ord. No. 506, § 2, 5-5-2020)

Editor's note— Ord. No. 506, § 2, adopted May 5, 2020, suspended § 11-5-163 until the termination of the current state of local emergency, as declared by resolution of the city council. Penalties which have accrued as a result of nonpayment since March 15, 2020 shall be waived. The intent is to waive any penalties, including late fees and interest, which may be imposed and accrue as a result of nonpayment of water service charges during the time of the current emergency.

All checks returned to the city for insufficient funds or accounts closed shall be subject to a handling fee as established by resolution which shall be paid to the city, and the service shall be considered delinquent as set forth in this article.

If service is disconnected because of such delinquency, a charge as established by resolution shall be made for reconnection; provided, however, that no such reconnection shall be made until the delinquent account is paid.

Where a service has been discontinued for nonpayment of bills and the owner or consumer has turned the water on again, or permitted the water to be turned on at the service, without authorization and without paying the delinquent charges and any other fees which may be due, the city may turn off and lock the meter, and a charge as established by resolution shall be made to turn on the service.

(Ord. No. 507, § 2, 9-15-2020)

On failure to comply with the rules and regulations established as a condition of the use of water, or to pay the rates or any penalty imposed in the time and manner provided by this article, water may be shut off on any and all services where the delinquent consumer is being supplied with water, until payment of all amounts due is made with additional charges for reconnection as established by resolution. Discontinuance of residential water service shall comply with the requirements set forth in California Public Utilities Code §§ 10009 et seq. and California Health and Safety Code §§ 116900 et seq., as applicable and as those sections may be amended, and the city's policy on discontinuation of water service.

(Ord. No. 507, § 3, 9-15-2020)

The finance director shall have the power to adjust complaints, and in the event of any dispute as to the water charges to be paid by any water consumer, the finance director shall determine the charges. The handling of complaints, requests for investigation, requests for payment arrangements, and appeals relating to discontinuance of residential water service for nonpayment shall be handled in accordance with the city's policy on discontinuation of water service.

(Ord. No. 507, § 1, 9-15-2020)

In case a house or other building or part of building where water is furnished becomes vacant, the regular rate shall be charged and collected from the owner or renter thereof, whether water is used or not, unless the city is notified thereof in writing, requesting discontinuance of service.

If a meter fails to register during any period, or is known to register inaccurately, the consumer shall be charged with the minimum for the service in question.

(a) Any consumer may demand that the meter through which water is being furnished, be examined and tested by the city for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it. Such demand shall be made in writing to the city and shall be accompanied by a deposit as established by resolution. It shall be the duty of the city to cause the meter to be examined and tested for the purpose of ascertaining whether or not it is registering correctly the water being delivered through it.

(b) If upon examination and test, as provided in subsection (a) of this section, the meter shall be found to register over three percent more water than actually passes through it, another meter will be substituted therefor, the fee as established by resolution shall be returned to the person making the application and the water bill for the previous billing period adjusted in such a manner as the city manager may deem fair and just. If the meter is found to register not over three percent high, the fee shall be forfeited to the city and the water bill paid as rendered.