Orland Municipal Code Art. III Service Charges, Billing and Collection

Footnotes:

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Editor's note— Ord. No. 2013-01, §§ 1, 2, adopted Jan. 7, 2013, repealed the former art. III, §§ 13.04.110—13.04.130, and enacted a new art. III as set out herein. The former art. III pertained to service charges and derived from the prior code §§ 9300—9302.

The city council shall adopt, by resolution, a schedule of service rates to be charged for water and sewer service by the city systems. Such schedule of rates shall be periodically reviewed by the council, and revised by resolution, as the council shall deem necessary.

(Ord. No. 2013-01, § 2)

All water and sewer rates and charges shall be due and payable monthly or bi-monthly or such other manner as the city council may from time to time prescribe. All rates and charges are payable to the city at the office of the city treasurer. All rates and charges are due within thirty (30) days of the billing date, and shall be delinquent if not paid within thirty (30) days of the billing date.

(Ord. No. 2013-01, § 2)

Billing for utility services serving new development on any parcel of real property shall commence on the date that usage of utility services begins, the date the development is first occupied, or the date the development is given final approval by city officials in accordance with applicable provisions of this code, whichever occurs first.

(Ord. No. 2013-01, § 2)

A. Water and sewer services will be provided to any premises only upon application of the owner of such premises, who shall be responsible for payment of all rates and charges for such service.

B. The owner of any premises supplied with utility service shall be responsible for payment for such service from the time such service is commenced until the city is notified in writing by the premises owner to discontinue the service.

C. Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments for utility service are made by a designated property manager or any agent on behalf of the premises owner. However any such arrangement will not affect the premises owner's obligation to the city for payment for such service.

(Ord. No. 2013-01, § 2; Ord. No. 2014-09, § 1)

Editor's note— Section 1 of Ord. No. 2014-09, adopted Nov. 17, 2014, changed the title of § 13.04.116 from "Liability for payment" to read as herein set out.

Notwithstanding any provision of this code to the contrary, the owner of a parcel to which one or more utility services are rendered shall be responsible and liable for the payment of all utility service charges for the utility services, and the city may utilize any and all procedures available under this code or state law to collect payment.

(Ord. No. 2013-01, § 2; Ord. No. 2014-09, § 2)

Editor's note— Section 2 of Ord. No. 2014-09, adopted Nov. 17, 2014, changed the title of § 13.04.118 from "Owner/applicant liable for charges" to read as herein set out.

The owner of a parcel to which one or more utility services are rendered, or the applicant receiving service under this chapter, shall be responsible and liable for any tampering of the water system metering and subject to a fine therefore set forth in the city's water and sewer rate schedule. This fine shall be subject to all of the collection and lien procedures set forth in this chapter.

(Ord. No. 2014-06, § 2)

Notwithstanding any provision of this code to the contrary, the remedies specified in this article or elsewhere in this code for the delinquent payment or nonpayment of utility service charges, including but not limited to the lien provided for in Section 13.04.122 and the termination of service provided for in Section 13.04.080, are separate, distinct, and cumulative remedies that may be pursued separately or in combination.

(Ord. No. 2013-01, § 2)

Utility service charges are due upon presentation of the bill for services. Rates and charges unpaid thirty (30) days after the billing date shall become past due (delinquent). Charges that remain unpaid five days following the past due date shall be assessed a basic penalty as set forth in the rate schedule as delinquent charges. A "final notice" will be issued by mail as part of the late charge notice, with shut-off of service scheduled for no earlier than noon of the day following the five-day delinquency period. No further notices need be provided. In the case of service provided to a premises not occupied by the premises' owner, the premises owner may request notice of delinquencies at additional expense charged to the premises owner.

Beginning five days following the past due date, an additional penalty of one and one-half percent per month shall be added for any portion of the delinquent charges and basic penalty that remains unpaid. Any portion of the delinquent charges and penalties that remains unpaid sixty (60) days following the past due date shall become a lien on the parcel of real property to which the utility services were rendered, subject to the procedural requirements specified in Section 13.04.124.

(Ord. No. 2013-01, § 2; Ord. No. 2014-06, § 3)

Any utility service charges that have been delinquent for sixty (60) days or more shall be subject to having the lien provided for in Section 13.04.122 recorded with the Glenn County Recorder pursuant to the procedures in this section.

Thereafter, such lien shall not be released unless and until it is fully paid or rendered invalid by operation of law, provided that the city manager may release a lien if the city manager determines that the lien was recorded in error. The minimum amount of delinquency for recording a lien is sixty (60) days. City staff is authorized to write off as uncollectible accounts which are past sixty (60) days and less than fifty dollars ($50.00).

(Ord. No. 2013-01, § 2)

The city manager or designee shall have the discretion to waive all or part of any payment delinquency penalty amount due as established by this chapter, once per utility account. The exercise of such discretion shall be final and not subject to review by or appeal to the city council.

(Ord. No. 2023-04, 9-5-23)

Editor's note— Ord. No. 2023-04, adopted September 5, 2023, amended the Code by the addition of § 13.14.126; however, said provisions have been redesignated as § 13.04.125, at the editor's discretion, for purposes of allowing future expansion of the Code.