Article IV

Rates, Charges and Credit Adjustments

The monthly rates and other fees and charges to be charged and collected by the Public Services Department to customers and others shall be as set by the City Council, by resolution, from time to time. Such rates, fees and charges may vary within the City if the City Council determines that there are reasonable bases for differentiating as between customers and others served by one water system or portion and customers and others served by another water system or portion of such water system.

Before initially establishing rates, fees or charges for any water system or portion, the City Council shall hold at least one public hearing, notice of which shall be given by publication in one or more newspapers of general circulation, published and circulated in the City, and by posting of the affected area, not more than 300 feet apart, not less than seven days prior to the date of each such hearing.

Before changing the rates, fees or charges for any water system or portion, the City Council shall hold at least one public hearing, notice of which shall be given by mail at least seven days prior to the date of each such hearing. Such notice may be included with billings, and shall be required to be given only to water users, as shown upon the books of the Water Department, in the area or areas to be directly affected by the proposed changes. The affidavit, certificate, or declaration under penalty of perjury of the Director of Finance, or of any City officer or employee having charge of the Water Department, that the required notice was given as required by this chapter shall be conclusive proof of the same.

(Prior code § 16-4.1; Ord. 21-1722 § 2)

• A. No charge shall be made for the mere turning on of the water supply on the opening of a new account for any kind of service.

• B. Where a charge is prescribed for the installation of a service connection or a water meter, and conditions exist which are not considered by the City to be normal installation conditions, the City shall have the right to impose upon the applicant an additional charge equal to the estimated amount of the additional expense over the fixed charge for the installation of such service connection or water meter. Each such charge shall be paid in advance by the applicant.

• C. Where no charge is prescribed for the installation of the service connection or water meter, the City may require the applicant to pay a fixed charge equal to the estimated cost of the installation of such service connection or water meter.

• (Prior code § 16-4.2; Ord. 21-1722 § 2)

A charge shall be prescribed for temporary water service. Where the installation of a temporary service connection is required, the applicant shall deposit in cash a sum equal to the installation charge for the same size of regular service connection, and the applicant shall be subject to an additional charge or shall be entitled to a credit as provided in this chapter upon the termination

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.04.460

§ 13.04.510

and removal or conversion of such temporary service connection. (Prior code § 16-4.3; Ord. 21-1722 § 2)

When the location of a meter or service connection is changed at the customer's request, the cost of making such change shall be charged to the customer. (Prior code § 16-4.4; Ord. 21-1722 § 2)

• A. When a meter for domestic service or combined irrigation and domestic service of a larger size than the existing meter is to be installed on an existing service connection; or

• B. When the existing service connection is disconnected and abandoned and the meter is recovered by the City and a larger service connection and larger meter are to be installed;

The charge required for furnishing and installing such larger meter only shall be the same as for a new service connection and meter, but a credit shall be given for the present value of the recoverable meter and fittings; provided, such meter and fittings were installed less than five years previously.

(Prior code § 16-4.5; Ord. 21-1722 § 2)

When the minimum monthly service rate is related to the meter size, a smaller meter may be substituted at a customer's request in order to reduce the minimum monthly rate. The allowable charge in meter size shall not be less than one size smaller than the service connection piping; provided, however, that in no case shall the meter size be reduced below the size prescribed by the provisions of the Plumbing Code. Such substitution shall be made without charge; provided that, delivery of water required through such smaller meter shall not exceed its rated capacity; and provided further that, such capacity conforms with the requirements of the Plumbing Code. Where such substitution is made without charge, no credit shall be allowed for the larger meter removed.

(Prior code § 16-4.6; Ord. 21-1722 § 2)

Where a new meter is installed to replace an existing meter for which a credit is given as provided in this chapter, water service may, in an emergency, be furnished to the applicant prior to payment of the net meter installation or replacement charge, but the net cost of replacing such meter shall be billed to the applicant as soon as the replacement is made. If such applicant fails to pay the net meter installation or replacement charge within 30 days after the date of the bill, water service may be discontinued until such bill is paid. (Prior code § 16-4.7; Ord. 21-1722 § 2)

Where temporary service is supplied from fire hydrants for purposes other than extinguishing of fires, the prescribed charge for furnishing, installation, inspection and removal of equipment required for procuring such water service shall be paid by the applicant for each fire hydrant

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City of Norwalk, CA

NORWALK CODE

§ 13.04.510

§ 13.04.570

from which such service is provided. (Prior code § 16-4.8; Ord. 21-1722 § 2)

When a water meter is found to have been damaged by hot water or steam emanating from the premises served, notice of such damage shall be given to the person responsible for the payment of the water bills and the cost of replacing or repairing such meter shall be charged to him or her. (Prior code § 16-4.9; Ord. 21-1722 § 2)

In the event any equipment furnished by the City in order to provide a temporary supply from fire hydrants shall be damaged through carelessness or abuse, or in the event such equipment shall be removed from the fire hydrant other than by the City and not recovered by the City, the cost of repairing or replacing such equipment shall constitute a charge against the customer. (Prior code § 16-4.10; Ord. 21-1722 § 2)

Under ordinary conditions, each continuous service meter will be read monthly or bimonthly, on approximately the same day of the month, and a bill rendered, showing the period covered by the meter reading, the amount of water used, and the total charge for the service rendered. (Prior code § 16-4.11; Ord. 21-1722 § 2)

• A. If a meter is found to be out of order, the charge for water shall be estimated, at the option of the City, upon either of the following bases:

  1. The average reading for the comparable period for the preceding two years; or

  2. The rate of consumption as registered by a substituted meter.

Consideration shall also be given to the volume of business, change of ownership, and other factors which may assist in determining an equitable charge.

• B. When the meter is temporarily covered with building materials or otherwise obstructed so that it cannot be read, an average bill or a series of not more than two average bills shall be rendered, and the accumulated errors of such average bills, if any, shall be adjusted when the meter is first read after the obstruction is removed.

(Prior code § 16-4.12; Ord. 21-1722 § 2)

In the event the City replaces a customer's meter with another meter for any reason, a bill may be prepared based upon the consumption as registered by the old meter from the date of the last regular meter reading until the date of removal, plus the consumption registered by the new meter from the date of installation to the next regular meter reading date. (Prior code § 16-4.13; Ord. 21-1722 § 2)

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.04.570

§ 13.04.630

The City may, at any time, install a meter on any temporary service connection and collect the required meter deposit from the applicant. Thereafter, the applicant may be charged at the regular metered rate for the kind of service rendered. (Prior code § 16-4.14; Ord. 21-1722 § 2)

In the event water supplied through an automatic fire sprinkler service connection is used for any purpose other than the extinguishing of fires or a purpose related to extinguishing of fires, the City may either install a meter on the automatic fire sprinkler service connection at the customer's expense and charge the customer at metered rates for all water used, or the City may shut off the entire supply of water to the premises through such service connection. (Prior code § 16-4.15; Ord. 21-1722 § 2)

The City may, but is not obligated to give notice to the customer of any large or unusual meter registration, and, if requested by the customer, the City shall endeavor without charge to determine the cause of such large or unusual meter registration. (Prior code § 16-4.16; Ord. 21-1722 § 2)

Water bills shall be addressed in the name of the applicant for water service. The addressee of the water bill shall be responsible for payment for all water service furnished to the premises subsequent to the date the service account is established. Two or more parties joining in one application for service shall be jointly and severally liable, and shall be billed by means of a single period bill. Water service may be refused or terminated to any premises if the applicant of which fails or refuses to pay any delinquent charges for which he or she is responsible. (Prior code § 16-4.17; Ord. 1468 §1, 1997; Ord. 21-1722 § 2)

If more than one tenant on a parcel of property is served through a single meter, the City shall render a single bill to the property owner or applicant, which bill shall include a minimum charge for water service determined by either the number of billing units as defined in this chapter, or by the size of the meter used.

(Prior code § 16-4.18; Ord. 21-1722 § 2)

• A. The form of the bill shall be prescribed by the Director of Finance and may be contained on a postal card. Delinquent notices may be prescribed in sealed envelopes by first-class mail or by personal delivery.

• B. Unless the applicant for water service specifies otherwise, all bills will be mailed to the address at which the water service is furnished.

(Prior code § 16-4.19; Ord. 21-1722 § 2)

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City of Norwalk, CA § 13.04.630

NORWALK CODE

§ 13.04.680

• A. Periodic or Normal; Billings. All monthly or bimonthly bills for service through meter shall be due and payable upon presentation, and shall become delinquent 15 days after mailing.

• B. Extraordinary Service Billing. All bills for fire hydrant service, for sewer flushing service, for water for street washing or sprinkling, or for water for flushing storm drains and culverts, furnished during any calendar month, shall be due and payable on or before the 10th day of the succeeding calendar month, and shall become delinquent 10 days after presentation.

• C. Uncollectible Bills. Delinquent bills found to be uncollectible after six months may, at the discretion of the Finance Director, be removed as a claim chargeable to the applicant.

• (Prior code § 16-4.20; Ord. 1468 § 2, 1997; Ord. 21-1722 § 2)

• A. An adjustment may be made on water billing charges when subsequent meter readings reveal that the meter was previously read in error. Upon the customer's verified statement, a correction may also be made as to erroneous opening or billing dates.

• B. An adjustment may be made on water billing charges when it is verified by a City field representative that an error has been made in the number of billing units upon which such charges were based; provided, however, that such adjustment shall not be retroactive for more than four months prior to the billing cycle during which the complaint was registered.

• (Prior code § 16-4.21; Ord. 21-1722 § 2)

If, due to any error, no billing charge has been made for water service furnished an adjustment may be made by computing a bill based on averaging the total consumption registered by the meter since the last reading and billing. In the case of a new meter, the charge shall be retroactive to the date of installation, but not in excess of three years. (Prior code § 16-4.22; Ord. 21-1722 § 2)

Partial payment less than the full amount of any bill may be treated as nonpayment. (Prior code § 16-4.23; Ord. 21-1722 § 2)

In the event of payment in excess of the billed amount, the City shall credit the amount of overpayment to the next ensuing water bill, if any, issued to the same property. (Prior code § 16-4.24; Ord. 21-1722 § 2)

Credit forward balances for water service nominally due to a former customer shall not be credited to the account of a new customer at the same service address. Such credit balances shall be deposited in the City's Water Fund and shall be refunded to the former customer, his or her heirs or assigns, upon written request to the City within three years after termination of service

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.04.680

§ 13.04.730

to such customer, as specified in Government Code § 50050. If no such request is submitted within three years, as specified in Government Code § 50050, the credit forward balance shall be credited to the City's General Fund.

(Prior code § 16-4.25; amended during 1999 codification; Ord. 21-1722 § 2)

Where an excess billing results from leakage, and prompt repairs are made by the customer, the City may grant an allowance of one-half of the excess billing; provided, however, that such allowance shall be confined to not more than two consecutive billing periods. Not more than one such allowance shall be granted in any 12 month period. (Prior code § 16-4.26; Ord. 21-1722 § 2)

Where an existing meter is replaced, the applicant or customer shall be charged for the price of a new meter but credit shall be allowed for the existing meter; provided, it is not more than five years old. The amount of such credit shall consist of the present value of a new meter less the replacement charges.

(Prior code § 16-4.27; Ord. 21-1722 § 2)

When an existing detector check valve on an installed service connection for automatic fire sprinkler service is replaced by a larger detector check valve, and the existing detector check valve is recovered by the City, the charge to the customer for furnishing and installing such larger detector check valve shall be the estimated cost of replacement, which shall include a credit for the existing valve; provided that, it is not over five years old. The amount of such credit shall be determined by the present value of a similar new valve of like size. (Prior code § 16-4.28; Ord. 21-1722 § 2)

• A. When a regular connection for any type of service is permanently disconnected and abandoned, the applicant who paid the charge made for the meter and fittings or his or her assigns shall, upon written application, be eligible to receive a refund in the amount of the present value of a salvageable meter and fittings, less all costs incidental to the removal; provided that, such service connections and meter were installed less than five years prior to such application for refund.

• B. The provisions of this chapter shall not apply to deposits for meters set on regular service connections carrying temporary numbers.

(Prior code § 16-4.29; Ord. 21-1722 § 2)

• A. Whenever the City is requested by the applicant to terminate and remove a temporary service connection, the cost of disconnecting and terminating service shall be estimated and added to the installation cost. If such total cost is greater than the amount of the applicant's original cash deposit, the applicant shall, upon demand, deposit with the City such additional sum as is required to make his or her aggregate payment equal to the total

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City of Norwalk, CA § 13.04.730

NORWALK CODE

§ 13.04.750

installation and estimated termination costs.

• B. When the City has installed a meter on a temporary service connection and the customer has, in addition to the cash deposit required for the installation of such service connection, paid the required meter deposit, then, if such metered temporary service connection is terminated and disconnected, and the meter recovered, upon application by such customer only; such meter deposit shall be refunded in accordance with the following table:

==> picture [401 x 149] intentionally omitted <==

----- Start of picture text -----
After Installation, Service
Disconnected Within: Amount of Meter Deposit Refunded (percent)
1 month 95 less $ 5.00
2 months 90 less 5.00
3 months 85 less 5.00
4 months 80 less 5.00
5 months 75 less 5.00
6 months 70 less 5.00
----- End of picture text -----

• C. No refund of a meter deposit shall be allowed if the temporary service connection is not terminated and the meter recovered within two years from the date of its installation, nor unless all charges for such service connections have been paid in full.

• (Prior code § 16-4.30; Ord. 21-1722 § 2)

When an automatic fire sprinkler service connection is disconnected and abandoned, and the detector check-valve and by-pass meter on such service connection are recovered by the City, the charge paid by the customer for such valve and meter shall, upon written application, be refunded in an amount equal to the present value, less the estimated costs of removing such equipment. (Prior code § 16-4.31; Ord. 21-1722 § 2)

No person shall turn on the water serving any premises or cause it to be turned on after it has been turned off by Public Services Department personnel. In the event any person does so turn on the water or cause it to be turned on, there shall be an additional charge of $25 placed against the service. Services then would not be resumed until all delinquent charges, penalty charges if any, and the additional amount as provided for above have been paid. (Prior code § 16-4.32; Ord. 21-1722 § 2)

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.04.760

§ 13.04.790