Portola Municipal Code Ch. 13.12 Charges, Billing and Termination of Services

Utility service charges shall be billed on the first working day of each month. The billing shall reflect the utility service charges incurred by the customer for service received during the previous month(s). Said monthly billing shall also include previously billed by unpaid charges, penalties, interest, late charges and similar charges.

(Ord. 266 (part), 1997: Ord. 257, 1995: Ord. 225 (part), 1988)

Opening and closing bills for less than the normal billing period shall be prorated both as to minimum charges and quantity periods. Closing bills may be estimated by the city for the final period, as an expediency, to permit the customer to pay the closing bill at the time service is discontinued.

(Ord. 225 (part), 1988)

Utility charges are due and payable at City Hall on the date the billing has actually been mailed and the billing shall be deemed delinquent twenty days after the mailing of the billing. If not paid within the aforesaid twenty days a penalty of ten percent of the amount due shall be charged and the city will give notice of termination of service as required by applicable laws, ordinances and regulations.

(Ord. 266 (part), 1997: Ord. 225 (part), 1988)

In the event payment is not received as set forth in Section 13.12.015, a second billing will be prepared and mailed. Said second billing shall include all amounts due, the penalty charges, and a notice of the city's intent to discontinue all services. If service(s) is (are) in fact discontinued, the customer shall prepay the reconnection service charge prior to the obligation of the city to reconnect or renew service.

(Ord. 266 (part), 1997: Ord. 260 (part), 1995: Ord. 225 (part), 1988)

The utility charge begins when a service connection is installed unless the water is ordered to be left shut off when the service connection is ordered to be installed. Before service is turned on by the city for any purpose whatever, the property owner must sign a form in which he guarantees payment of future utility bills for the services. The property owner will be held liable for service used until the city is notified in writing to discontinue service, or to transfer the account to another property owner.

(Ord. 225 (part), 1988)

A. Ultimate liability for service charges shall be imposed upon the property owner; the city reserves the right to collect such charges from the actual user.

B. Sewer, water and garbage charges imposed by the city shall be the responsibility of the owner of the land whereon the service is provided.

(Ord. 225 (part), 1988)

In the event that any person fails to pay the charges provided in this chapter when the same become due, the city may, in addition to any other remedies it has, cut off any of the services and facilities provided by the city to such person, and may make a charge for restoring such service upon payment of such charges.

(Ord. 225 (part), 1988)

Applicants for water and/or sewer service shall be required to make a security deposit in an amount equal to twice the then-current monthly utility billing rate. This deposit is not a specific or segregated deposit, but merely the amount recoverable upon termination of customer service, if not otherwise forfeited, and refunded after one year. Deposits may be waived or refunded at the discretion of the city. Criteria shall be established by resolution.

(Ord. 225 (part), 1988)

Editor's note— Ord. No. 340, adopted Nov. 14, 2013, deleted § 13.12.045, entitled, "Vacation utility rate—Established" and derived from Ord. 260 (part), adopted 1995; and Ord. 225 (part), adopted 1988.

Editor's note— Ord. No. 340, adopted Nov. 14, 2013, deleted § 13.12.050, entitled, "Vacation utility rate" and derived from Ord. 225 (part), adopted 1988.

A person taking possession of premises and using an active service connection without having made application to the city for service shall be held liable from the date of the last bill rendered for the premises at the minimum monthly rate. If proper application for service is not made upon notification to do so by the city, and if accumulated bills for service are not paid immediately, the service may be discontinued by the city subject to such notice as required by law.

(Ord. 225 (part), 1988)

When turning on the water supply as requested and the house or property is vacant, the city will endeavor to ascertain if water is running on the inside of the building. If such is found to be the case, the water will be left shut off at the curbcock. The city's jurisdiction and responsibility ends at the curbcock and the city will in no case be liable for damages occasioned by water running from open or faulty fixtures, or from broken or damaged pipes inside the property lines. Owner or agent must be present before utility services are turned on.

(Ord. 225 (part), 1988)

Service may be discontinued for nonpayment of bills on or after the forty-fifth day following the date of mailing of notice of cancellation.

(Ord. 225 (part), 1988)

Failure to receive a bill does not relieve the consumer of liability. Any amount due shall be deemed a debt to the city, and any person, firm or corporation failing, neglecting or refusing to pay said indebtedness shall be liable for the amount, plus costs and fees incurred. An action may be commenced on behalf of the city in any court of competent jurisdiction for the amount of any delinquent utility charge or penalty. In addition, delinquent charges and all penalties thereon, when recorded as provided in Section 54355 of Chapter 6 of Part 1 of Division 2 of Title 5 of the California Government Code, shall constitute a lien upon the real property served, except that no such lien shall be created against any publicly-owned property. Such lien shall continue until the charges and all penalties thereon are fully paid. The city manager, city finance officer and city clerk are hereby authorized to prepare and record a list of delinquent unpaid charges and penalties in the form and manner prescribed by California Government Code Section 54355, as may be amended from time to time, or any successor statute.

( Ord. No. 355 , § 1, 3-25-2020; Ord. 225 (part), 1988)

A reconnection charge will be made and collected prior to renewing service following a discontinuance. Such charge shall be set by resolution.

(Ord. 225 (part), 1988)

Water service may be refused or discontinued to any premises where apparatus or appliances are in use which might endanger or disturb the service to other customers.

(Ord. 225 (part), 1988)

In the event that utility service is terminated for nonpayment, in addition to the reconnection fee set forth in Section 13.12.080, a deposit set forth in Section 13.12.040 shall be required prior to reconnection of utility services.

(Ord. 225 (part), 1988)

Service may be discontinued if necessary to protect the city against fraud or abuse.

(Ord. 225 (part), 1988)

Service may be discontinued for noncompliance with this chapter or any other ordinance or regulation relating to the utility services.

(Ord. 225 (part), 1988)

Rates and charges which are not paid on or before the day of delinquency shall be subject to a penalty of ten percent for each calendar month or fraction thereof following the billing period.

(Ord. 225 (part), 1988)

All unpaid rates and charges and penalties provided in this chapter may be collected by any action provided by law.

(Ord. 225 (part), 1988)

Defendant shall pay all costs of suit and attorney's fees in any judgment rendered in favor of the city.

(Ord. 225 (part), 1988)

Notices from the city to consumers or users shall be given in writing, and either delivered or mailed to their last known address. Where conditions warrant, and in emergencies, the city may resort to notification either by telephone or messenger.

(Ord. 225 (part), 1988)

Notice from the users or consumers to the city may be given in writing at City Hall, to the city administrator, or the superintendent.

(Ord. 225 (part), 1988)