Pomona Municipal Code § 62-262 Water/utility service provisions under the continuity of utility…

The continuity of utility services program (the "program") allows property owners (owners) or authorized agents of property owners (authorized agents) with a current rental business license issued by the city for said property, the ability to maintain uninterrupted water/utility services for rental properties should tenant vacancies occur.

(Ord. No. 4188, § 3, 7-7-2014)

(a) Owners/authorized agents wishing to participate in the program shall enter into an application/agreement and pay applicable program charges as established by city council resolution.

(b) A separate application/agreement shall be required for each rental business license that identifies properties to be included in the program. Each application/agreement must designate either option A or B, pursuant to sec. 62-264(a), which shall apply to all properties included in the application/agreement. A program master account shall be established for each approved application/agreement.

(c) Properties included in the program must maintain a current city rental business license.

(d) Appropriate verifiable legal documentation that supports the status as owner or authorized agent shall be required. The department reserves the right to require an affidavit signed by the legal owner/authorized agent of the property to be filed with the department. A copy of such documentation shall be kept on file by the department.

(e) A property owner requesting participation in the program as an individual shall provide his or her driver's license, state-issued identification card or government issued passport/identification that shows applicant's full legal name, date of birth and address to verify identity of the applicant prior to the establishment of service in accordance with the city's identity theft prevention program. Social Security number may also be requested. A copy of such documentation shall be kept on file by the department.

(f) An applicant requesting participation in the program on behalf of a corporation, home owners' association, property management company, etc., shall provide sufficient documentation, as determined solely by the city, that authorizes the applicant to act as the agent on behalf of the property owner. A copy of such documentation shall be kept on file by the department.

(g) Any request(s) for program modification to add properties to or remove properties from a program master account shall be submitted to the department in writing on a form provided by the city and signed by the owner/authorized agent on file with the department. Processing of such requests shall be subject to the applicable fee(s).

(h) Any request by participant for termination of a program master account established pursuant to an application/agreement shall be submitted in writing to the department at least ten days prior to the requested termination date.

(Ord. No. 4188, § 3, 7-7-2014)

(a) Upon city's receipt of notification from a tenant to terminate service, the water/utility services account will automatically be transferred to the owner/authorized agent on the date specified by tenant and owner/authorized agent will become responsible for services billed. The city bears no responsibility to notify participants under this program upon transfer of services from tenant to owner/authorized agent.

(b) In order to have water/utility services transfer from owner/authorized agent to a new tenant, the owner/authorized agent is responsible for insuring that the new tenant submits an application for water/utility services. Services will be transferred to the new tenant's account upon receipt of a completed application with the effective date of transfer based on the start date listed in the application.

(c) Participating in the program does not prevent discontinuation of service due to nonpayment of water/utility bills. In the event of nonpayment or unauthorized water usage, or if the water meter is found to be tampered with, water/utility service to the property will be disconnected per section 62-299.

(d) An owner/authorized agent taking responsibility for payment of water/utility services under the program shall be responsible for all water/utility service billing incurred for all properties included in the program during tenant vacancies, except as provided under section 62-264(a)2. Water/utility service billings may include charges for water, sewer, solid waste, utility user's tax, GSF services, and/or other charges depending on the property, including applicable program charges.

(e) If any owner's/authorized agent's water/utility services for any property(ies) included under the program is scheduled for disconnection, the owner/authorized agent will be terminated from the program immediately and such owner/authorized agent will be ineligible for further participation in the program for a period of 12 months. After the requisite 12 month period has lapsed, such owner/authorized agent may reapply for participation in the program.

(Ord. No. 4188, § 3, 7-7-2014)

(a) A program master account set-up charge shall apply to each application/agreement processed for participation in the program. A program master account set-up charge shall be set by city council resolution.

(b) Each transfer of water/utility service from a tenant account to an owner/authorized agent program master account will be subject to a program account transfer fee. A program account transfer fee shall be set by city council resolution.

(c) Properties may be added or removed from the program master account by requesting a program account modification. A program account modification fee shall apply for each property added or deleted from the program. A program account modification fee shall be set by city council resolution.

(d) Unless waived pursuant to subsection 62-263(e), owners/authorized agents agree to pay an advance payment, as set forth in section 62-243, each time a tenant(s) account closes and services are transferred to the owner/authorized agent.

(e) The city may waive the advance payment set forth in section 62-263(d) when it has been determined the owner/authorized agent has never had a city water/utility services account disconnected for non-payment and has met the following qualifications:

(1) Has had no more than one final notice issued for any city water/utility services account within the past 24 month period; and

(2) Has a current active city utility account for a period of five years with no history of scheduled disconnection, or, upon providing to the department a letter of credit worthiness from another utility agency, as approved by the city, for the past five years, up to the most recent billing period.

(Ord. No. 4188, § 3, 7-7-2014)

(a) Program participants shall select a single option (option A or B) on each application/agreement at the time of submittal. The option specified will dictate the manner in which a closed account, due to nonpayment of services by the tenant, shall be handled. The option specified shall apply to all properties included in such agreement regardless of whether the tenant still occupies the premises:

(1) Option A: The city shall continue to provide water/utility services at the property and bill the owner/authorized agent for the services until the current tenant re-establishes the account, or a new tenant submits an application for a new water/utility account; or

(2) Option B: The city shall not continue water/utility services. Under option B, the following shall apply:

a. A request to re-establish service shall be made within 60 days of account closure due to nonpayment. Such request shall be made in writing to the department on a form provided by the city. The request must state the service start date and be signed by owner/authorized agent on record with the department.

b. Re-establishment of such service shall be subject to charges set forth in section 62-241(b)5.

c. If a new tenant account is not established, or the owner/authorized agent does not transfer service and take over responsibility for payment of water/utility services within 60 days of the tenant's account being closed, the subject property shall be removed from the program.

(Ord. No. 4188, § 3, 7-7-2014)

(a) Any owner/authorized agent that fails to adhere to the provisions set forth in this division may be subject to termination from participation in the program.

(b) The city reserves the right to terminate any master program account, if it determines such account exceeds the intended scope of the program, as solely determined by the department.

(c) Termination from the program may result in assessment of any water/utility services and/or related fees for properties that were included under the program.

(Ord. No. 4188, § 3, 7-7-2014)