Mendota Municipal Code Ch. 13.12 Utility Rates and Charges

All written notices required under this chapter shall be provided in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by ten (10) percent or more of the customers in the urban and community water system's service area.

(Ord. No. 19-11, § 2, 1-14-2020)

The owner of any property to which sewer, water or garbage service are made available shall be responsible for the payment of the bill for monthly service. In addition, the owner of the property shall be responsible for initial connection charges for water and sewer from the time thirty (30) days after the time when public sewer and water lines are brought within one hundred (100) feet of the property, whether or not he has complied with the other provisions of this chapter requiring connection to such lines. The owner shall be responsible for garbage charges whether or not the service is used.

(Prior code § 15.06.001)

All billing shall be computed and sent out monthly, to the owner of the property to which sewer, water or garbage service is made available, and each bill shall be due on the date set forth on the bill. Upon written request by the owner of the property, if the applicant for service is not the property owner, bills will be sent directly to the applicant, addressed to the owner in care of the applicant; provided, however, the owner shall remain ultimately liable for payment. The city clerk shall have discretionary power to determine the date upon which bills shall be due. The city clerk, upon approval by a motion of the city council, recorded in the minutes, shall have the discretion to bill upon a bi-monthly basis, billing half of the properties one month and half of the properties the second month.

(Prior code § 15.06.002)

All charges for water service, sewer service, garbage service and any other service rendered by the city may be billed upon the same bill and collected as one item. If all or part of the bill is not paid, any or all of the services for which the bill is rendered may be discontinued in the manner set forth in this chapter.

(Prior code § 15.06.003)

A. On the first day of the calendar month following the date of payment specified in the bill, the charge shall become delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. A basic penalty of ten (10) percent of the amount of the charge for the month shall be added to the bill after allowing for a fifteen (15) day grace period. In addition to the basic penalty, an additional penalty of one-half of one percent per month shall be added in each subsequent month that the charges and basic penalty are not paid. Charges for water, sewer and garbage shall be collected together and not separately and all charges shall be billed upon the same bill and collected as one item. The penalty provision shall apply to all charges together. If all or part of the bill is not paid, all service may be discontinued in the manner set forth in this chapter.

B. Upon written notice issued to the public at the city manager's discretion, the additional charges outlined in subsection A., above, shall not accrue on delinquent bills during a state or local emergency. Once halted by the city manager's written notice to the public, the additional charges outlined in subsection A., above, shall begin to accrue on delinquent bills fifteen (15) days after the withdrawal of the city manager's written notice halting the accrual of said fees.

(Prior code § 15.06.004)

(Ord. No. 19-11, § 3, 1-14-2020; Ord. No. 20-05, § 2, 3-24-2020)

A. When any bill for water, sewer or garbage or all of them remains delinquent for sixty (60) days, a seven-day written notice shall be mailed to the customer named on the account or a telephone call made for the purpose of notifying the occupant that the water service will be discontinued if the bill, together with penalties, is not paid.

1. A telephone call to the customer named on the account pursuant to this section shall offer to provide the customer the urban and community water system's policy on discontinuation of residential service for nonpayment, in writing. The urban and community water system shall offer to discuss options to avert discontinuation of residential service for nonpayment, including, but not limited to:

i. Alternative payment schedules;

ii. Deferred payments;

iii. Minimum payments;

iv. Procedures for requesting amortization of the unpaid balance; and

v. Petition for bill review and appeal.

2. A written notice sent pursuant to this section shall contain the following information:

i. The customer's name and address;

ii. The amount of the delinquency;

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

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

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

vi. 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 changes, consistent with the written policies provided pursuant to subdivision (a) of Section 116906 of the California Health and Safety Code.

B. If the urban and community water system is unable to make contact with the customer or an adult occupying the residence by telephone, and the written notice is returned through the mail as undeliverable, the urban and community water system 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 urban and community water system's policy for discontinuation of residential service for nonpayment.

C. Upon the expiration of the seven days, if the bill, together with penalties, has not been paid, the particular service shall be terminated or shut off and a fee for the actual reasonable cost of discontinuing service shall be added to the bill. When the service is subsequently recommenced or reconnected, a fee for the reasonable cost of any necessary reconnections or related services shall also be added to the bill.

D. If an adult at the residence appeals the water bill to the urban and community water system or any other administrative or legal body to which such an appeal may be lawfully taken, the urban and community water system shall not discontinue residential service while the appeal is pending.

E. If service is disconnected pursuant to subdivision (C), the urban and community water system shall provide the customer with information on how to restore residential service.

(Prior code § 15.06.006)

(Ord. No. 19-11, § 4, 1-14-2020)

A. Residential service shall not be discontinued for nonpayment if all of the following conditions are met:

1. The customer, or a tenant of the customer, submits to the urban and community water system 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.

2. The customer demonstrates that he or she is financially unable to pay for residential service within the urban and community water system's normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the urban and community water system'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 (200) percent of the federal poverty level.

3. The 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 1169-6, with respect to all delinquent charges.

B. If the conditions listed in subdivision (a) are met, the urban and community water system shall offer the customer one or more of the following options:

1. Amortization of the unpaid balance.

2. Participation in an alternative payment schedule.

3. A partial or full reduction of the unpaid balance financed without additional charges to other ratepayers.

4. Temporary deferral of payment.

C. The urban and community water system may choose which of the payment options described in subdivision (B) the customer undertakes and may set the parameters of that payment option. Ordinarily, the repayment option offered should result in repayment of any remaining outstanding balance within twelve (12) months. The urban and community water system may grant a longer repayment period if it finds the longer period is necessary to avoid undue hardship to the customer based on the circumstances of the individual case.

D. Residential service may be discontinued no sooner than five business days after the urban and community water system posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:

1. The customer fails to comply with an amortization agreement, an alternate payment schedule, or a deferral or reduction in payment plan for delinquent charges for sixty (60) days or more.

2. While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges, the customer does not pay his or her current residential service charges for sixty (60) days or more.

(Ord. No. 19-11, § 5, 1-14-2020)

A. For a residential customer who demonstrates to the urban and community water system a household income below two hundred (200) percent of the federal poverty line, the urban and community water system shall do both of the following:

1. Set a reconnection of service fee for reconnection during normal operating hours at fifty dollars ($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, an urban and community water system shall set a reconnection of service fee at one hundred fifty dollars ($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.

2. Waive interest charges on delinquent bills once every twelve (12) months.

B. An urban and community water system shall deem a residential customer to have a household income below two hundred (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 two hundred (200) percent of the federal poverty level.

(Prior code § 15.06.007)

(Ord. No. 19-11, § 6, 1-14-2020)

Editor's note— Ord. No. 19-11, § 6, adopted Jan. 14, 2020, changed the title of § 13.12.060 from "Additional grounds for discontinuance of services" to read as herein set out.

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 an urban and community water system furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp as defined in Health and Safety Code section 17008, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the urban and community water system 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 ten (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 urban and community water system 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 law and the urban and community water system'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 urban and community water system, or if there is a physical means legally available to the urban and community water system of selectively terminating service to those residential occupants who have not met the requirements of the urban and community water system's rules and tariffs, the urban and community 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 urban and community water system, residence and proof of prompt payment of rent or other credit obligation acceptable to the urban and community water system for that period of time is a satisfactory equivalent.

E. Any residential occupant who becomes a customer of the urban and community 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 urban and community water system for those services during the preceding payment period.

F. In the case of a detached single-family dwelling, the urban and community 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. 19-11, § 7, 1-14-2020)

Editor's note— Ord. No. 19-11, § 7, adopted Jan. 14, 2020, repealed former § 13.12.070 and enacted new provisions to read as herein set out. Former § 13.12.070 pertained to returned check charge, and derived from prior code § 15.06.010; and Ord. 08-02, § 1, adopted in 2008.

An urban and community water system shall report the number of annual discontinuations of residential service for inability to pay on the urban and community water system's Internet website, if an Internet website exists, and to the state water resources control board. The state water resources control board shall post on its Internet website the information reported.

(Ord. No. 19-11, § 8, 1-14-2020)

The charge for a returned check shall be as set by resolution of the city council.

(Ord. No. 19-11, § 9, 1-14-2020)

This chapter does not apply to the termination of a service connection by an urban and community water system due to an unauthorized action of a customer.

(Ord. No. 19-11, § 10, 1-14-2020)