Hillsborough Municipal Code Ch. 13.20 Water Charges

Footnotes:

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Prior history: Prior code §§ 91.8.08, 91.8.12 and 91.8.16. Prior ordinances: Ords. 444, 483, 510, 535 and 573.

Editor's note— §§ 13.20.050 and 13.20.060 renumbered as 13.20.060 and 13.20.070 respectively by Ord. 642.

The water charges set forth in this chapter pay for the water supply, storage, and system infrastructure needed to supply water to all properties located in the town or located elsewhere but connected to the town's water system. The amount of the charges is based on a fair apportionment of the water supply, storage and system infrastructure costs.

(Ord. 608 § 10 (part), 2000)

The town may impose the water service charge on or after the dates and at or below the adopted maximum rates set forth for each year in the resolution or ordinance adopting such rates. The rates for the water service charge are established on the basis of the size of the meter (in inches) serving a property. Each year the city council will review the need to increase the rates for the water service charge based on the prevailing financial requirements of the water utility. The rate increases will only occur if it is determined that the need still exists and in no event will they exceed the maximum rates set forth in the resolution or ordinance adopting the rates. The finance director has the authority to change the billing from monthly to bi-monthly upon written notice to the ratepayers.

(Ord. 675 § 2, 2007; Ord. 619 § 1, 2001; Ord. 608 § 10 (part), 2000)

(Ord. No. 693, § 2, 4-11-2011; Ord. No. 694, § 2, 6-13-2011; Ord. No. 731, §§ 1, 2, 1-11-2016; Ord. No. 744, §§ 2—4, 3-13-2017; Ord. No. 769, § 3, 4-12-2021)

The town may impose the water connection charges by resolution or ordinance, and the amount of such water connection charges shall be a set forth in such resolution or ordinance.

(Ord. 675 § 3, 2007; Ord. 662 § 1, 2005; Ord. 645 § 1, 2003; Ord. 636 § 1, 2002; Ord. 619 § 2, 2001; Ord. 608 § 10 (part), 2000; Ord. No. 769, § 4, 4-12-2021)

A. All water customers shall pay the rates for water service set forth in the resolution or ordinance adopting such rates and as generally described below:

B. The town may impose the volume charge on or after the dates and at or below the adopted maximum rates set forth for each year in the resolution or ordinance adopting such rates. The volume charge is a variable charge imposed per unit of delivered water, with one unit equal to one hundred cubic feet (HCF), or seven hundred and forty-eight gallons. If the town bills customers for water services bi-monthly, the rates for the volume charge, and the volume of water within each tier applicable to such customer, will double.

(Ord. 675 § 1, 2007; Ord. 662 § 2, 2005; Ord. 645 § 2, 2003; Ord. 636 § 2, 2002; Ord. 619 § 3, 2001; Ord. 608 § 10 (part), 2000)

(Ord. No. 693, § 1, 4-11-2011; Ord. No. 694, § 1, 6-13-2011; Ord. No. 731, § 3, 1-11-2016; Ord. No. 744, § 5, 3-13-2017; Ord. No. 769, § 5, 4-12-2021)

A. Pursuant to the authority of Health and Safety Code Section 5471 and Public Utilities Code Section 10009.6, all water customers shall pay an initial deposit when opening a new water account; provided, however, that when a water customer has multiple water accounts (i.e., multiple water meters) concurrently for the same residence, the water department shall require payment of at least one deposit, but may, in its discretion, waive the requirement for deposits for the additional water account(s). For customers who are billed bi-monthly (i.e., every two months), the maximum deposit may be no more than twice the estimated average water bill and for customers who are billed every month, the maximum deposit may be no more than three times the estimated average water bill. The requirement deposit for all new water accounts (monthly and bi-monthly) shall be five hundred dollars.

B. Pursuant to the authority of Health and Safety Code Section 5471, the charge for a special water invoice (i.e., an invoice that is requested by a water customer and that must be prepared manually) shall be twenty-five dollars.

C. Pursuant to the authority of Health and Safety Code Section 5473.10, any water bill that is not paid by its due date shall be subject to a basic penalty of ten percent plus an additional penalty of one and one-half percent per month, the additional penalty being calculated against the unpaid water charges plus the ten percent basic penalty. The additional penalty shall accrue beginning on the day after the due date of the unpaid water bill. To the extent required by law, the town shall waive penalties for qualified low-income customers once every twelve (12) months, as further described in the town's policy on discontinuation of residential water service for nonpayment.

D. Pursuant to the authority of Civil Code Section 1719, any water customer whose water bill payment check is returned to the town for insufficient funds shall be liable to the town for a service charge of twenty-five dollars for the first bounced check and thirty-five dollars for every bounced check thereafter. In addition, any water service customer who writes a water bill payment check against insufficient funds shall be liable to the town for damages equal to treble the amount of the check; provided, that the town shall first send by certified mail to the water service customer a written demand informing the customer of (1) the provisions of Civil Code Section 1719, (2) the amount of the check, and (3) and the amount of the service charge payable to the town. Such water customer shall then have thirty days from the date the written demand was mailed to pay (1) the amount of the check, (2) the amount of the service charge, and (3) the costs to mail the written demand for payment. If these amounts are not paid within the thirty-day time period, the water customer shall thereafter be liable for the amount of the check plus damages equal to treble the amount of the check (less any partial payments made toward the check and less any amount paid toward the service charge), but in no case shall the treble damages be less than one hundred dollars or more than one thousand five hundred dollars. When a water customer becomes liable for treble damages, the service charge for the check and any costs to mail the written demand shall no longer be owing.

E. Pursuant to the authority of Health and Safety Code Section 5473.10, the town may refer any delinquent water bill to a commercial collection service for collection of the total amount owing (including, without limitation, penalties, water service rates, and water meter service charges). In the event that a delinquent water bill is thus referred to collection, the water customer whose bill it is shall also pay a collection fee in an amount equal to the greater of either forty percent of the total amount owing or the amount actually charged to the town by the collection service for collecting such delinquent water bill.

F. Pursuant to the authority of Health and Safety Code Section 5471, any water customer whose water service has been terminated because of nonpayment of a delinquent account shall pay, prior to having water service restored, the total amount owing (including, without limitation, penalties, water service rates, and water meter service charges) plus a service reconnection charge as provided in the town's master fee schedule.

To the extent required by law, the town shall limit reconnection fees for qualified low-income customers, as further described in the town's policy on discontinuation of residential water service for nonpayment.

G. Pursuant to the authority of Health and Safety Code Section 5471, water customers needing or requesting after-hours work shall pay the hourly charge provided in the town's master fee schedule.

(Ord. 642 § 1, 2003)

(Ord. No. 760, § 1, 1-13-2020)

All charges payable under this chapter shall be paid to the water department of the town and held in a special fund which shall be used solely for the purposes set forth in Section 13.20.010.

(Ord. 608 § 10 (part), 2000)

A. Any person who files with the town's water department an application for water service at a given address shall be liable for payment of all charges set forth in this chapter and any other fees, tolls, rates, rentals, penalties, interest, or other charges applicable by law in connection with such water service.

B. Such responsibility shall continue until all amounts described in subsection A of this section are paid in full and either (1) the water department receives a new application from a different person for water service at such address, or (2) the water department receives a written notice from an authorized party that water service for such address is to be discontinued.

C. Subject to the limitations set forth in Public Utilities Code Section 10009.6 regarding liability for charges owed by tenants, all record owners of real property to which water service is supplied (together with the person(s) who filed the application with the town's water department for water service to such property) shall be jointly and severally liable for all amounts described in subsection A of this section.

D. The following time table shall apply to water bills:

Step 1. The due date for water bills shall be thirty days from the date of mailing of the water bill.

Step 2. If the water bill is not paid by the due date:

(a) The basic penalty of ten percent shall be assessed.

(b) The additional penalty of one and one-half percent interest per month shall begin to accrue as of the day after the due date.

(c) The town will provide notices of its intent to discontinue water service as provided in its policy on discontinuation of residential water service for nonpayment. For non-residential customers, the town shall provide notices of intent to discontinue water service in a consistent manner with in its policy on discontinuation of residential water service for nonpayment.

Step 3. If the water bill and penalties are not paid in full prior to actual shut off, the town shall refer the delinquent bill to collection as set forth in Section 13.20.050(E) or, in the alternative, if the water bill remains unpaid sixty days after the due date and asserting a lien would not be inconsistent with Public Utilities Code Section 10009.6 regarding liability for charges owed by tenants, the town may proceed with the lien process set forth in Health and Safety Code Section 5473.11.

E. The city council shall, by resolution, adopt a policy for discontinuation of residential water service for nonpayment. Such policy may include, but may not be limited to, provisions concerning billing procedures, discontinuation of service, notification procedures, restoration of service, procedures to contest or appeal a water bill, extensions or other alternative payment arrangements, protections available to qualified low-income customers, procedures for becoming a customer of the city under specified circumstances, and related matters. To the extent a policy adopted pursuant to this section conflicts with any provisions of this chapter, the policy shall control.

(Ord. 642 § 2, 2003; Ord. 564 § 27, 1998; Ord. 513, 1992; Ord. 387 § 1, 1983; Ord. 386 § 1, 1983)

(Ord. No. 760, § 2, 1-13-2020)

All references in this chapter to California codes shall be deemed to include all successor provisions to such codes and where any of the provisions of this chapter conflict with subsequent changes in the cited or successor codes or other applicable California law, the provisions of those changed or successor codes or other applicable law shall apply in place of the conflicting provisions in this chapter. Any such changed or successor or other applicable law shall be applied to allow imposition of the maximum penalties, interest, charges, and damages and the strictest compliance deadlines then allowed by law.

(Ord. 642 § 3, 2003)