Port Hueneme Municipal Code Ch. 1 Water

The City shall be the exclusive provider of water and related services to the City. This section shall not be construed in such a manner as to prevent the City from contracting for the provision of any part or all of the water and water-related service requirements of the City or its inhabitants.

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Chapter:

"Bi-monthly basis" means a billing period not exceeding sixty-six (66) days.

"Customer" means the property owner or other person to whom domestic water or water-related services are provided in accordance with this Chapter.

"Water charges" means charges and fees (including, if applicable, penalties and interest) assessed for domestic water service in accordance with this Chapter.

(Ord. 646 § 5, 2003)

Each customer must pay to the City or its designated agent, the water charges for such services as established by Council ordinance pursuant to Health and Safety Code Section 5471, and any successor statute. Payment is due and payable in the time and manner set forth in this Code.

(Ord. 646 § 6, 2003)

(a) Commercial Water Users:

(1) As to each service location served with commercial water by the City, the customer must pay the water charges imposed pursuant to this Code on a bi-monthly basis. Water charges will be billed on a monthly basis effective May 1, 2020.

(2) If, for any reason, the customer fails to pay the water charges due for such service on or before the date due following billing of such water charges, as of that date the water charges are deemed delinquent.

(3) Upon the water charges becoming delinquent, the City Manager, or designee, will cause a notice of delinquency and intent to discontinue service to be mailed to the customer of record.

(4) If payment is not received within fifteen (15) days after mailing of the notice of delinquency and impending termination, a shut-off notice must be delivered to the service address and posted in a conspicuous location at the premises. When the shut-off notice is delivered and posted, a fee will be applied to the customer's account in accordance with the water charges. Failure to make payment within two (2) business days of notice will result in shut off of the meter and assessment of a reconnect fee in accordance with the water charges.

(b) Residential Water Users:

(1) As to each service location served with residential water by the City, the customer must pay the water charges imposed pursuant to this Code on a bi-monthly basis. Water charges will be billed on a monthly basis effective May 1, 2020.

(2) If, for any reason, the customer fails to pay the water charges due for such service on or before the date due following billing of such water charges, as of that date the water charges are deemed delinquent.

(3) Upon residential water charges becoming delinquent, the City Manager, or designee, will follow the Utility Billing Policy and Procedures, which are established pursuant to a resolution of the City Council, and a notice of delinquency will be mailed to the customer of record stating that residential water service may be disconnected after sixty (60) days of nonpayment.

(4) Residential water customers may request an alternative payment arrangement in accordance with the City's Utility Billing Policy and Procedures if unable to pay delinquent accounts.

(5) The restrictions on termination of service, as set forth in the City's Utility Billing Policy and Procedures, Public Resources Code Sections 10010, 10010.1, and Health and Safety Code Section 116900 et seq. are applicable to any residential water shut-off proceedings.

(Ord. 646 § 7, 2003)

(Ord. No. 767, § 2, 4-20-20)

Penalties are imposed on all delinquent water charges as follows:

(a) Basic Penalty. A basic penalty of ten (10) percent of total delinquent charges applicable to each service location is imposed as of the date of such delinquency.

(b) Additional Penalties. An additional penalty of ten (10) percent is imposed on delinquent charges, not including previously imposed late fees, on each billing date upon which the charges remain unpaid.

(c) Limit of Penalty. The total penalty imposed cannot exceed one hundred (100) percent of the total of any such delinquent account.

(d) For residential water customers who demonstrate to the City that household income is below two hundred (200) percent of the federal poverty line, the City shall waive interest charges on delinquent bills once every twelve (12) months in accordance with Health and Safety Code Section 116914.

(Ord. 646 § 8, 2003)

(Ord. No. 767, § 3, 4-20-20)

(a) Service will be discontinued if payment is not received or arrangements made to pay any delinquent bill. If payment is not made within the time specified in this Chapter, or for any other reason relating to nonpayment of an outstanding bill or charge, including, without limitation, checks returned for insufficient funds, credit card denial, or other, similar type of payment problem, a service charge, in an amount determined by the water charges will be imposed and be due and payable each time service is discontinued.

(b) Except as provided in Public Utilities Code Section 10009 and Health and Safety Code Section 116916, where water is shut off, service will not be restored until all required payments (including, without limitation, arrearage, penalties, deposits and service charges) are paid in full.

(Ord. 646 § 9, 2003)

(Ord. No. 767, § 4, 4-20-20)

The City may initiate proceedings to make delinquent collection service fees and charges a special assessment against properties owned by a customer indebted to the City in accordance with Health and Safety Code Sections 5470, et seq.

(Ord. 646 § 10, 2003)

(a) The Finance Director, or designee, will review the accounts of customers who dispute water charges within thirty (30) days after receiving a written request for review. If an error is found after such review, the City will promptly correct the error and, if required, either charge or credit, at the City's sole discretion, the customer account or issue the customer a refund.

(b) The review conducted by the Finance Director, or designee, will include consideration of whether to establish a payment plan for the customer to pay any unpaid balance of delinquent account over a reasonable time not to exceed twelve (12) months. Unless otherwise required by this Code, the City will not terminate service for customer fully complying with such a payment plan.

(c) If a commercial water customer fails to comply with a payment plan established pursuant to this section, the City must give the customer a forty-eight (48) hour notice to comply in order to avoid termination of service. If a residential water customer fails to comply with a payment plan established pursuant to this Code and the Utility Billing Policy and Procedures for a period of more than sixty (60) days, the City must give the residential water customer at least five (5) business days' notice of termination. Such notice does not entitle the customer to further investigation or review by the City.

(d) Water bills must contain information regarding dispute resolution procedures set forth in this Chapter and the City's Utility Billing Policy and Procedures, which are established by resolution of the City Council.

(Ord. 646 § 11, 2003)

(Ord. No. 767, § 5, 4-20-20)

The City Finance Director may impose interest upon delinquent accounts at a rate not to exceed one (1) percent per month. If imposed interest may compound monthly. The imposition of interest is limited by Section 7102.10 of this Code and California Health and Safety Code Section 116914.

(Ord. No. 767, § 6, 4-20-20)

(a) Deposits are required on all new customer accounts at start of service, in accordance with the water charges. The deposit must be returned to the customer in the form of a credit to the customer's account after twelve (12) months' consecutive timely payment of bills.

(b) If a customer's service is discontinued because of recurring non-payment of bills, then a customer must provide a deposit of twenty-five dollars ($25.00) per service location. After twelve (12) months' consecutive timely payment of bills, the deposit will be credited to the next bill.

(c) The City must return the balance of any deposit, after all applicable deductions, to the person making the deposit within sixty (60) days after services are discontinued.

(Ord. 646 § 12, 2003)

The service and interest charges, as hereby provided for, shall be deemed to be civil debts due and owing to the City from the owner of each such property described above within the City. The collection of such charges may be enforced by the City in any lawful manner, including, but not limited to, by appropriate suit in any court of competent jurisdiction. The City shall be entitled to collect its reasonable attorney's fees and court costs incurred in connection with the collection of said civil debt.

The City Manager may promulgate administrative regulations relating to the provision of water and water related services which are not specifically provided for in this Chapter.

It is unlawful for any person to open any street hydrant, stopcock, or gate valve or to meddle with any street service, water connection, or any water meter attached to any service pipe connected with City mains, water pipes or hydrants, or to turn on and off water City mains or water pipes; or to tap, break or injure any water main, water pipe, meter or other fitting of the City laid in any street, avenue, alley or other public place, or to tamper with, deposit, or cause to be deposited in any City water main or pipe of said City, any fluid, solid matter or substance of any kind or to do any act that might cause water to become polluted. It is unlawful to take, pump or draw water from any City water main, pipe or hydrant without first arranging with the City for same and paying the established rate, therefor.

No person excepting a duly authorized agent of said City shall turn the water on or off from any building or premises, and no person shall tap, cut or move any water main or pipe laid in streets, avenues, alleys or other public places, unless permission to do so has been previously granted by the City.

If any owner shall fail to pay the amount due for water or sewage service, the City may shut off the water or sewage service to such property in accordance with the City's Utility Billing Policy and Procedures, which are adopted by resolution of the City Council, and such service may not be restored until such indebtedness has been paid.

(Ord. No. 767, § 7, 4-20-20)

No watering of lawns, gardens or shrubbery shall be done with open hose unless the same is held or immediately attended by the person using it.

It is unlawful for any person or persons willfully or negligently to waste water in any manner whatever, and any person having knowledge of any condition where water is being wasted shall immediately notify the City of such waste.

The Public Works Director or his designee may shut off the water without notice whenever water is found running in violation of this Section, and a charge of ten dollars may be made for turning it on again, or a charge of not less than one dollar nor more than ten dollars may be made against the consumer's account for waste in addition to charges for the water used.

No person shall take water from any service to adjoining property, or to a vacant lot, without first securing the permission of the water department.

(Ord. 646 § 4 (part), 2003)

(Ord. No. 690, § 4, 6-15-09)

After notice published in a newspaper of general circulation in the City, the Public Works Director may restrict the use of water for sprinkling, wetting, irrigation, or construction purposes to such hours and for such time as may be deemed in the public interest.

Any person failing to restrict their usage of water as prescribed by the Public Works Director shall be guilty of an infraction.

(Ord. 646 § 4 (part), 2003)

(Ord. No. 690, § 4, 6-15-09)

Contractors or any person desiring to use water in construction work where connections must be made with City hydrants, shall in each and every instance obtain a written permit from the Public Works Director, before connecting with any such fire hydrant or using water therefrom.

(Ord. 646 § 4 (part), 2003)

(Ord. No. 690, § 4, 6-15-09)

Consumers may supply water to persons, firms or corporations for use in the performance of any contract for the improvement of any street or other public place after having given notice to and receiving a permit to do so from the Public Works Director; but no such permit shall issue to or for any consumer, person, firm or corporation whose indebtedness to the City for water or damage to hydrants are delinquent until such indebtednesses for the same are paid.

(Ord. 646 § 4 (part), 2003)

(Ord. No. 690, § 4, 6-15-09)

(a) Any customer in the very low-income category who receives water services at his or her personal residence may apply for a seven and one-half percent (7.5%) reduction in water consumption and service charges. Applications for reduced rates must be on forms supplied by the City. The applicant under penalty of perjury must supply all information required to be given on such forms.

(b) Reduced rates must be granted to qualifying applicants who file their applications with the City. A change of address terminates the special rate provided in this section, but a new application by such person at his or her new address may be made and the reduced rate allowed, if the requirements set out in this section are satisfied.

(c) For the purposes of this section, a "qualifying applicant" is defined as any household qualified under Southern California Edison's CARE program.

(d) The City Manager, or designee, may adopt such rules and regulations deemed necessary to properly carry out the provisions of this section.

(Ord. 682 § 1, 2007: Ord. 646 § 13, 2003)

(Ord. No. 708, § 1, 9-6-11; Ord. No. 721, § 1, 2-1-16)