Pismo Beach Municipal Code Art. II Water Rates

The city owns and operates a city water system as a proprietary function and for public and private purposes, from which it provides the service and facilities of a domestic water and fire protection system for the city and adjacent areas, and it is necessary in the proper performance of the functions of the city to maintain and operate said facilities from water service. (Ord. 97-03 § 2 (part), 1997; Ord. 96-13 § 1 (part), 1996: prior code § 13.04.010)

For each customer of the city water system and/or parcel for which the water system is available:

A. Customers within the city shall pay to the city, bimonthly or as otherwise prescribed by the city council via resolution, such rates and charges as the council may from time to time prescribe by resolution.

B. Customers outside the city shall pay to the city, bimonthly or as otherwise prescribed by the city council via resolution, such rates and charges as the council may from time to time prescribe by resolution.

C. "Customer" means and refers to the owner or other occupant of a property connected to the water system and served by a single meter who desires to receive water service. Customer shall complete an application with the city finance department and shall pay all fees and deposits as may be adopted from time to time by resolution of the city council.

D. "User" means and refers to the owner of the property whereby a paying unit or units are connected to the water system and are served by a single meter. Every user desiring to become a consumer of water from the city water system shall pay to the city such sum as the council may from time to time prescribe by resolution for which the city will provide the user's property with a three-fourths-inch diameter water service and meter box. Persons desiring services in excess of three-fourths-inch diameter capacity shall be required to pay to the city such additional sums as the council may from time to time prescribe by resolution, plus the actual cost of such installation.

(Ord. 97-03 § 2 (part), 1997; Ord. 96-17 § 1, 1996; Ord. 96-13 § 1 (part), 1996; prior code § 13.04.020)

Where a fire plug or fire plugs are installed in a water system outside of the city, the city shall charge the governmental unit in which said fire plug or fire plugs are installed such fee as the council may from time to time prescribe by resolution. (Prior code § 13.04.030)

A water deposit of such amount as the council may from time to time prescribe by resolution shall be collected and be returnable upon the user being nondelinquent for a period of twelve consecutive months. Upon requesting disconnection, any balance shall be returned. (Prior code § 13.04.040)

The finance director of his designated representatives shall compute, prepare and mail water billings to the user (property owner), on a bimonthly basis, or as otherwise prescribed by the city council via resolution, make and deposit collections, maintain proper books of account, and do whatever else is necessary to set up and maintain an efficient and economical bookkeeping system, and perform any other duties now or hereafter prescribed by the council. (Prior code § 13.04.050)

The council may from time to time by resolution amend, revise or adopt new water rates on account of water charges, fire plug charges, water deposits and/or penalties on delinquencies as may in their opinion be necessary and in the best interests of the city. (Prior code § 13.04.060)

A. All non-residential bills not collected within fifteen (15) days of billing shall be delinquent, and a penalty of ten percent (10%) of the bill or amount due, plus interest at eight percent (8%) per year, shall accrue for the period of said nonpayment and be collected as a part of the principal amount thereof. If not paid within thirty (30) days of billing, the city shall turn off the water service and a service charge as the city council may from time to time prescribe by resolution, shall be assessed.

B. All residential bills not collected within fifteen (15) days of billing shall be delinquent, and a penalty of ten percent (10%) of the bill or amount due, plus interest at eight percent (8%) per year, shall accrue for the period of said nonpayment and be collected as a part of the principal amount thereof. If not paid within sixty (60) days of billing, prior to disconnection of water service or imposition of service charges and penalties, the city shall follow the city's policy on discontinuation of residential service for nonpayment, as amended from time to time by resolution of the city council. (Ord. O-2020- 002, § 1, 2020: Prior code § 13.04.070)

The water charges set forth in this chapter constitute special assessments, and if unpaid are made a lien upon the user's (property owner's) parcel or parcels for which said water charges remain unpaid, such parcel or parcels being the property owners' real property within the city as reflected on the assessment roll of the county assessor's records within the county. (Prior code § 13.04.080)

The following procedures shall be followed with regard to the collection of the special assessment liens as prescribed in Section 13.08.200:

A. The finance director shall, at any time deemed necessary by the city council to enforce the payment of the unpaid water charges upon any parcel or parcels, notify the owner or owners of said parcel or parcels by registered mail of the city council's intent to enforce the payment and notify the owner or owners of a hearing before the city council on the question of the amount unpaid, and whether or not payment of said amount should be enforced by foreclosure and sale under the lien provided.

B. At the conclusion of the hearing, the city council shall file a report determining the amount due and determining whether foreclosure and sale under the lien shall be undertaken.

C. A certified copy of the report shall be filed with the board of supervisors and with the county auditor, respectively, within thirty days after the receipt thereof by the finance director. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map book for the current year.

D. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. (Prior code § 13.04.090)

It is unlawful for any person to operate or tamper with any meter or turn off or connect or tamper with any water service or to bypass any meter. Any person violating any provision of this article is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars, or imprisonment of not more than ten days, or by both such fine or imprisonment. (Prior code § 13.04.100)