Lincoln Municipal Code Art. VI Delinquency

Footnotes:

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Editor's note— Ord. No. 1064B, § 5(Att. A), adopted August 22, 2023, amended Article VI in its entirety to read as herein set out. Former Article VI, §§ 13.12.300—13.12.360, pertained to similar subject matter, and derived from Ord. 297B §§ 5.1—5.4., 5.45(a—d), 5.5, 1975; Ord. 408B §5(part), 1982; Ord. 482B §9, 1986; Ord. 578B §2, 1992.

All fees or charges (other than sewer service charges for which provision is made, prior to delinquency, for collection on the tax rolls on which general city property taxes are collected) which are not paid on or before the 30th day following the date such charges were due and payable are delinquent and a penalty of ten percent of the charge shall be imposed on the 30th day following the date such charge was due and payable. In addition, a penalty of one-half of one percent per month of the basic charge plus the ten percent penalty shall be imposed on the 60th day following the date such charge was due and payable and on each 30th day thereafter until there is payment in full of the charge plus all penalties. Penalties imposed pursuant to this section shall be billed and collected in the same manner as other fees and charges imposed pursuant to this section.

(Ord. No. 1064B, § 5(Att. A), 8-22-2023)

If any charge imposed by this chapter remains delinquent for a period of 60 days, such charge shall constitute a special assessment or a lien against the lot or parcel of land against which it was imposed, upon recording thereof with the county recorder. Such special assessment or lien shall have the force, effect and priority of a judgment lien and shall continue for three years from the time of recording unless sooner released or otherwise discharged. The city shall include a statement on its bill to each property owner which shall give notice of the delinquency status provided for by this section.

(Ord. No. 1064B, § 5(Att. A), 8-22-2023)

Sewer service charges and connection charges imposed by this chapter shall constitute a debt to the city and the city may institute a civil action to recover delinquent charges, in which event it shall have judgment for the cost of suit and reasonable attorneys' fees.

(Ord. No. 1064B, § 5(Att. A), 8-22-2023)

The city may disconnect any premises from the sewer system if charges are not paid after they have become delinquent. The city administrator shall estimate the cost of disconnection and the cost of reconnecting the facility to the sewer system and the owner of the premises shall deposit the estimated costs of disconnection and reconnection before such premises are reconnected to the sewer system. In the event such arrearages are paid and the premises are reconnected to the sewer system, the city administrator shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection.

(Ord. No. 1064B, § 5(Att. A), 8-22-2023)

(a) In addition to all other remedies which the city may have for the collection of delinquent sewer service charges, the city may terminate sewer service for nonpayment of an account that is delinquent for at least 60 days.

(b) At least seven business days prior to the proposed termination, the city shall give notice of the delinquency and the impending termination by telephone or written notice to the customer to whom the sewer service is billed, the address served by the sewer service, and the property owner. Notice to the property owner shall be sent to the address shown on the last equalized assessment roll of the county.

(c) Notice to customer named on the account of proposed termination shall include the city's policy on discontinuation of residential service for nonpayment, to include 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. 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, consistent with the city's policy on discontinuation of residential service for nonpayment.

(d) City policy on discontinuation of residential service for nonpayment shall be approved administratively by the city manager and shall comply with any other relevant state or federal regulations and statutes that may also apply.

(e) Any customer who has initiated an appeal or requested a hearing prior to sewer service being terminated for nonpayment shall be given an opportunity for review of such appeal by the city manager or the city manager's designated representative.

(f) The city shall not terminate sewer service during the pendency of an investigation or review of a customer appeal, dispute or complaint or prior to any hearing initiated pursuant to this section.

(g) The city manager is authorized to resolve complaints or disputes initiated pursuant to this section.

(Ord. No. 1064B, § 5(Att. A), 8-22-2023)

(a) City shall not discontinue residential service for nonpayment if all of the following conditions are met:

(1) The customer, or a tenant of the customer, submits to the city the certification of a primary care provider, as term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the California 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.

(2) The customer demonstrates that they are financially unable to pay for residential service within the city's normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the city'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 200 percent of the federal poverty level.

(3) Customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the written policies provided pursuant to subdivision (a) of Section 116906 of the California Health and Safety Code, with respect to all delinquent charges.

(b) If the conditions listed in subdivision (a) are met, the city shall offer the alternative payment options specified in the city policy on discontinuation of residential service for nonpayment.

(1) Residential service may be discontinued no sooner than 5 business days after the city posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:

(A) The customer fails to comply with the alternative payment option specified in the city policy on discontinuation of residential service for nonpayment for delinquent charges of 60 days or more. While undertaking the alternative payment option specified in the city policy on discontinuation of residential service for nonpayment, the customer does not pay their residential service charges for 60 days or more.

(Ord. No. 1064B, § 5(Att. A), 8-22-2023)

(a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling.

(b) If the city furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit residential structure, mobile home park, or permanent residential structure in a labor camp as defined in Section 17008 of the California Health and Safety Code, ant eh owner, manager, or operator of the dwelling, structure, or park is the customer of record, the city shall make every good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears that service will be terminated at least 10 days prior to the termination. The written notice shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account.

(c) The city is not required to make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service and meets the requirements of the law and the city's rules and tariffs. However, if one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the city, or if there is a physical means legally available to the city's water system shall make service available to those residential occupants who have met those requirements.

(d) If prior service for a period of time is a condition for establishing credit with the city's water system, residence and proof of prompt payment of rent or other credit obligation actable to the city for that period of time is a satisfactory equivalent.

(e) Any residential occupant who becomes a customer of the city's water system pursuant to this section whose periodic payments, such as rental payments, include charges for residential water service, where those charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the city's water system for those services during the preceding payment period.

(f) In the case of a detached single-family dwelling, the city water system may do any of the following:

(1) Give notice of termination at least seven days prior to the proposed termination.

(2) In order for the amount due on the delinquent account to be waived, require an occupant who becomes a customer to verify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code.

(Ord. No. 1064B, § 5(Att. A), 8-22-2023)

(a) If residential service is shutoff for nonpayment, city shall provide customer with information on how to restore residential service.

(b) Sewer services discontinued because of delinquency in payment or upon the customer's request shall not be reestablished until all fees and charges, together with a service charge, have been paid. In case of delinquent payment, a cash deposit may be required by the city as a condition to reestablishment of service.

(c) In the event service is discontinued for delinquency in payment and service is resumed without authorization, the city may discontinue the sewer service and may charge and collect a penalty for each occurrence in addition to such other amount which may be due from the customer. Such charges shall be paid before service is reestablished.

(d) For a residential customer who demonstrates to the city household income below 200 percent of the federal poverty line, the city shall do both of the following:

(1) Reconnection of service fee for reconnection during normal operating hours shall $50.00, but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the reconnection of residential service during nonoperational hours shall be $150.00, but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the purpose of this section, normal operating hours shall be from 8:00 a.m. to 2:00 p.m. Monday through Friday, excluding holidays. Nonoperational hours shall be all times outside of normal operating hours.

(e) City shall deem a residential customer to have a household income below 200 percent of the federal poverty line if any member of the 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 200 percent of the federal poverty level.

(Ord. No. 1064B, § 5(Att. A), 8-22-2023)

The city council may provide that fees and charges for water service pursuant to this chapter shall be collected with the rates and charges for any other utility services furnished by the city and that any or all such charges may be itemized and billed with the same bill and collected as one item.

(Ord. No. 1064B, § 5(Att. A), 8-22-2023)

This article does not apply to the termination of a service connection by the city due to an unauthorized action of the customer.

(Ord. No. 1064B, § 5(Att. A), 8-22-2023)