Division 3 — WATER SERVICE RATES

25-14: USE OF METER REQUIRED; EXCEPTIONS:

The service of all water to consumers shall be by measurement through a meter and at rates prescribed in this article; provided, however, that for service during construction or other temporary purposes, or where meter service may for any reason be impracticable, a flat rate price to be agreed upon between the public works director or designee and purchaser may be used instead of the meter service. (Ord. 1537 § B82, 8-6-1996; Ord. 1614 § 3, 9-17-2002)

25-15: RATES GENERALLY:

The regular water rates to be charged by the city for its water and to be collected monthly by the finance department for the use and benefit of the city shall be fixed by resolution of the city council. (Ord. 1537 § B83, 8-6-1996)

25-16: WATER SERVICE OUTSIDE CITY; RATE:

Except as provided by section 25-16.2 of this article pertaining to water connections outside city limits, the city council may, at its option and sole discretion, elect to make available water services to inhabitants outside the boundaries of the city and under such rules and regulations as the city council may, at its discretion, determine, and discontinue such service at its option and election; and at such rates and under such conditions as the city council may elect; provided, however, that water consumers receiving such service outside of the city shall be required to pay for such service at a service rate fixed and established for such consumers. (Ord. 1537 § B84, 8-6-1996; Ord. 1564 § 1, 12-1-1998)

25-16.1: RATES FOR INDEPENDENT WATER COMPANIES:

The city council may, by resolution, establish rates of independent water companies owned by the city of Porterville. For the purpose of this section, an "independent water company" is one that is not connected to the water distribution operated by said city within its city limits. (Ord. 963 § A, 12-4-1969)

25-16.2: APPROVAL FOR WATER SERVICE OUTSIDE CITY LIMITS:

The city council shall have authority for approval of requests for water service outside city limits, if applicant meets all other conditions as required by this code and the annexation and municipal services policy, and all other pertinent regulations. Consideration of said request shall be in conjunction with approval of required city permits, Tulare LAFCo extraterritorial service agreement, and payment of applicable fees. (Ord. 1830, 11-17-2015)

25-17: RESALE OF WATER PROHIBITED:

It is hereby made unlawful for any consumer or purchaser of city water to furnish or resell water from his service to any other person or to any premises not his own for remuneration without the approval of the city. (Ord. 1537 § B85, 8-6-1996)

25-18: CITY COLLECTOR TO COLLECT WATER RATES; RECORDS; DISPOSITION OF REVENUES:

It shall be the duty of the city treasurer to collect all water rates and receipts therefor, keeping an accurate record of such collections, and depositing such collections daily for the benefit of the city. (Ord. 1537 § B86, 8-6-1996)

25-19: DUE DATE OF PAYMENTS; PENALTY FOR DELINQUENT PAYMENT:

All utility bills shall be delinquent if they remain unpaid at five o'clock (5:00) P.M. on the thirtieth day after their billing date and a charge of ten percent (10%) as a penalty for said delinquency shall be made and added to the amount of and become a part of said delinquent utility bill, and the service for all utility bills which shall remain unpaid at five o'clock (5:00) P.M. on the sixtieth (60th) day after their billing date shall be subject to service discontinuance, as described in this Article, and in accordance with applicable State law and any applicable policies adopted by the City. (Ord. Code § 3526; Ord. 846 § A, 11-16-1965; Ord. 964 § A, 1-1-1970; Ord. 1537 § B87, 8-6- 1996; Ord. 1869, 2-4-2020)

25-20: METHOD OF DELIVERY OF BILLS:

Rendering bills for water service, or the service, or the service of notice of delinquency, or any other notice or communication regarding such service under the provisions of this chapter may be made by personal delivery to the party to be served, or by mail deposited to the party to be served, or by mail deposited in the United States post office at Porterville, postage prepaid, addressed to such party at his last known address, or as required by applicable law.

Service by mail shall be complete upon the expiration of two (2) days after the deposit of such mail in post office as aforesaid. Failure of the addressee to receive such bills or notices shall not excuse the addressee's obligation(s) as set forth by this chapter. (Ord. Code § 3527; Ord. 1869, 2-4-2020)

25-21: SHUTOFF FOR NONPAYMENT; ADDITIONAL PAYMENT TO RECONNECT; DEPOSIT REQUIRED FOR CONSUMERS:

Any delinquent water rate bills which remain unpaid at five o'clock (5:00) P.M. on the sixtieth (60th) day after the billing date, shall be listed by the finance department for shutoff and this shutoff list may be executed as soon as the following working day. The shutoff shall be implemented in accordance with any applicable policies adopted by the City Council, and as required by applicable State law. The finance director, or designee, may proceed to make a personal demand for payment on the delinquent consumer or person responsible for the payment of the bill if he can be conveniently located; provided, that the failure to make this personal demand shall in no case invalidate the provisions of this article. If the consumer or responsible person does not, at this time, make immediate payment, the finance director, or his designee, shall shut off the water, and the water so shut off shall not be turned on until the amount of the delinquent bill, with the accrued penalties and with an additional sum as fixed by resolution of the city council for turning on and off the service, shall be paid to the finance department.

A consumer's water service may be discontinued for the nonpayment of a bill for water service rendered, provided, that the bill has not

been paid by the sixtieth (60th) day after the billing date. Such bill shall be deemed presented to the consumer when delivered to him personally, when left at the property served, or at his place of business, or when deposited in the United States post office at Porterville, postage prepaid, addressed to the consumer's last known address.

A consumer who has failed to pay his water bills in accordance with the provisions of this article and whose service has been discontinued therefor, shall be required to pay all accrued bills and penalties and may be required to reestablish his credit by making a cash deposit with the city finance department not to exceed twenty dollars ($20.00). (Ord. 1537 § B88, 8-6-1996; Ord. 1614 § 1, 9-17- 2002; Ord. 1869, 2-4-2020)

25-22: DISCONNECTION AT NEW LOCATION FOR NONPAYMENT AT OLD LOCATION:

A consumer's water service may be discontinued for the nonpayment of a bill for water service of the same class rendered to him at a previous location by the city; provided, that such bill is not paid within thirty (30) days after presentation at the new location. (Ord. Code § 3528.1)

25-23: WRITTEN DEMAND FOR CHANGE IN SERVICE REQUIRED:

The consumer or owner shall notify the city finance department in writing of any changes in the service desired, or if they want the water turned off or on. In cases of the failure of the owner or consumer to give such notice in writing, the full amount of water consumed, as shown by the meter shall be charged, or in case no consumption is shown by the meter or the consumption shall be less than one thousand (1,000) cubic feet, the monthly minimum water rate as specified in this division shall be charged and collected monthly. (Ord. 1537 § B89, 8-6-1996)

25-24: COLLECTION OF UNPAID WATER BILL BY SUIT:

The city may sue in any court of competent jurisdiction, any person from whom any unpaid bill for water service is delinquent, for the amount of such delinquent bill for water service together with all penalties and reasonable costs of collection. (Ord. Code § 3530)