Inyo County Municipal Code Ch. 4.12 Rendering and Payment of Bills

Regular bills shall be rendered at intervals of two months. Except as provided below, the quantitative charge for water will be based upon delivery as indicated upon the meter register. Insofar as is practicable, meters will be read at regular intervals for the preparation of opening, closing and special bills.

If for any reason service is unmetered, or if the meter is inaccessible and can not be read, or if the meter fails to register correctly, the water consumption will be estimated by the county as follows:

A. Previous consumption by metered service to the premises; or

B. The average consumption for the corresponding billing periods during which the meter is known to have registered correctly; or

C. The consumption as registered by a substituted meter; or

D. By giving consideration to the nature of use, volume of business, seasonal demand and any other factors that may assist in determining such consumption.

(Ord. 1008 § 1, 1999)

Two or more parties who join in one application for service shall be jointly and severally liable for payment of bills and shall be billed by means of single periodic bills.

(Ord. 1008 § 1, 1999)

Bills for service are due and payable upon presentation and payment may be made at the address shown on the bill or to the representative of the county authorized to make collections. Collection of closing bills may be made at the time of presentation.

(Ord. 1008 § 1, 1999)

All bills for water service are due and payable upon presentation. If a bill has not been paid within sixty calendar days after the due date stated in the bill, it is delinquent and service shall be discontinued in accordance with the procedures set forth in Section 4.12.050.

(Ord. 1008 § 1, 1999; Ord. 1256 § 3, 2020)

At least seven business days before service is discontinued due to delinquency of bills as stated in Section 4.12.040, the county shall contact the customer named on the account by telephone or written notice.

A. If the county contacts the customer via telephone, the county shall offer to provide in writing to the customer the county's Policy on Discontinuation of Residential Service for Nonpayment. The county shall offer to discuss options to avert discontinuation of residential service for nonpayment, including, but not limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaid balance, and petition for bill review and appeal.

B. If the county contacts the customer via written notice, the written notice of payment delinquency and impending discontinuation shall be mailed to the customer of the residence to which the residential service is provided. If the customer's address is not the address of the property to which residential service is provided, the notice also shall be sent to the address of the property to which residential service is provided, addressed to "Occupant." The notice shall include, but is not limited to, all of the following information in a clear and legible format:

1. The customer's name and address.

2. The amount of the delinquency.

3. The date by which payment or arrangement for payment is required in order to avoid discontinuation of residential service.

4. A description of the process to apply for an extension of time to pay the delinquent charges.

5. A description of the procedure to petition for bill review and appeal.

6. A description of the procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent residential service charges, consistent with the county's Policy on Discontinuation of Residential Service for Nonpayment.

C. If the county is unable to make contact with the customer or an adult occupying the residence by telephone, and written notice is returned through the mail as undeliverable, the county shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place of, a notice of imminent discontinuation of residential service for nonpayment and the county's Policy for Discontinuation of Residential Service for Nonpayment.

(Ord. 1008 § 1, 1999; Ord. 1256 § 3, 2020)

The county shall not discontinue residential service for nonpayment if all of the following conditions are met:

A. The customer, or a tenant of the customer, submits to the county the certification of a primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the Welfare and Institutions Code, that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided.

B. The customer demonstrates that he or she is financially unable to pay for residential service within the county's normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the county's normal billing cycle if any member of the customer's household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annual income is less than two hundred percent of the federal poverty level.

C. The customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the county's Policy on Discontinuation of Residential Service for Nonpayment.

If the three conditions listed in subsections A , B and C are met, the county may offer the customer one or more of the following payment plan options: amortization of the unpaid balance; participation in an alternative payment schedule; a partial or full reduction of the unpaid balance financed without additional charges to other ratepayers; and/or temporary deferral of payment. The county may choose which of the payment plan options listed above the customer undertakes and may set the parameters of that payment option pursuant to the county's Policy on Discontinuation of Residential Service for Nonpayment. If a customer is participating in any of the payment plan options described above and does not make the required payments, service may be discontinued no sooner than five business days if both of the following are true:

(Ord. 1256 § 3, 2020)

Whenever a check is received by the county in payment of billing for water services, deposits, or other charges, and when negotiated, said check is not paid by the issuing bank, the county will assess a charge of fifteen dollars per check.

(Ord. 1008 § 1, 1999)

Any customer who believes that his or her bill contains inaccuracies may challenge the bill via the process set forth below:

A. Within thirty days of the due date for the bill that the customer seeks to challenge, the customer must file with the director of public works a written statement that sets out:

1. The bill being challenged;

2. The date of issuance of that bill;

3. The basis for challenging that bill;

4. The alleged defects in the bill.

B. The director of public works shall review the initial challenge described in subsection A and determine the appropriate course of action. The director of public works shall inform the property owner of his or her decision in writing within sixty days of the receipt of the initial challenge.

C. Finality of Decision. The decision of the director of public works shall be the final administrative decision. No further administrative appeals to the county board of supervisors or any other county board or commission shall be permitted.

(Ord. 1008 § 1, 1999; Ord. 1256 § 3, 2020)

When the accuracy of a water meter is questioned by a customer, the county may, upon request, cause an official test to be made at county's expense. The customer may require the county to conduct the test in his/her presence.

(Ord. 1008 § 1, 1999)

A. Pursuant to Government Code Section 54354, any bill due and payable to the Inyo County water system and any penalties thereon that have been delinquent for six months or more shall constitute a lien against the real property served.

B. The director of the Inyo County public works, or designee, shall, at least every six months, prepare a Notice of Utility Lien for any real property for which a bill or penalty has been delinquent for six months or more. The director shall then provide the notice of utility lien, along with any other paperwork necessary for recordation, to the Inyo County clerk recorder so that the delinquent bill and/or penalties can be recorded as a lien against the property.

C. Following the recordation of the lien, the Inyo County water system shall provide notice of the lien by mailing a copy of the lien to the impacted real property along with a statement explaining that the lien may be discharged by payment in full of the outstanding bills and penalties.

(Ord. 1272 § 4, 2021)