Rohnert Park Municipal Code Ch. 13.44 Water, Sewer and Recycled Water Service Charges, Billing and Collection

Footnotes:

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Editor's note— Ord. No. 910, §§ 3, 4, adopted Sept. 26, 2017, repealed the former Ch. 13.44, §§ 13.44.010—13.04.090, and enacted a new Ch. 13.44 as set out herein. The former Ch. 13.44 pertained to billing and payment of water and sewer service charges and derived from Ord. 777 § 2 (part), adopted 2007.

This chapter establishes the rules and regulations for billing and collection of water, sewer and recycled water service charges including, but not limited to, requirements for security deposits, and maintenance of service, customer responsibilities, prohibited acts and penalties, adjustments of billings, and service discontinuance.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them in this section.

A. "Billing period" means the period of time between meter readings for which a customer is billed.

B. "Charge" or "rate" means the amount of money to be paid by the person liable to the city for potable, recycled water, and sewer services.

C. "Customer" or "consumer" means any persons liable for a connection into the potable water, recycled water or sewer systems.

D. "Permanent water service" means the installation of a permanent (non-temporary) city water meter in an approved water meter box accompanied by a request to the city by the property owner, agent, or tenant to establish a permanent connection for service by the potable water system or recycled water system.

E. "Potable water system" means the system of pipelines, pump stations and appurtenances owned and operated by the city and which delivers water for human consumption.

F. "Recycled water system" means the system of pipelines, pump stations and appurtenances owned and operated by the city and which delivers, for approved uses, non-potable tertiary treated recycled water as defined by state law.

G. "Fixed monthly service charge" means the fixed charge to be paid by persons liable for each and every connection to and/or use of the city recycled water, potable water and/or sewer system based upon the size of the water meter. This includes both fixed charges dedicated to system operations and fixed charges dedicated to capital replacement or reserves.

H. "Service or water service" means a connection through which potable or recycled water is supplied or is available to a person from and out of the potable or recycled water system owned and operated by the city.

I. "Service lateral" means that portion of the potable or recycled water system which extends from the city water main to the coupling immediately beyond the meter box on the consumer's premises.

J. "Sewer cap" means sewer charges for customers based on metered consumption of water as determined by averaging usage during winter billing periods occurring during the months of December through February and in accordance with policies, rules, or regulations approved by the city council.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

A. The city council shall adopt water and sewer rates by resolution. Water and sewer rates may include both fixed and variable components in order to allow the city to recover its costs for the provision of service. Water and sewer service charges are separately stated and billed upon the same bill.

B. The city council shall impose recycled water rates through agreement. Recycled water rates shall generally conform to the policies of the Santa Rosa Subregional System, the city's recycled water producer. Recycled water services charges may be billed with water and sewer service charges or may be separately billed.

C. Water Shortage Charges. At any time the city council declares a water shortage emergency and implements water rationing stages 2, 3 or 4 pursuant to its current, adopted urban water shortage contingency plan, any water shortage rates structure, adopted by the city council will be applied to all potable water accounts.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

In addition to its rates for service, the city council, by resolution, may adopt uniform installation charges for all new services and connections, including the cost of meters and special charges for special services rendered. Such charges may be amended and varied from time to time; provided, that all such charges shall reasonably reflect the total actual cost and expense of the service performed or materials supplied.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

If a meter fails to register due to any cause except the nonuse of potable or recycled water, the charge for potable or recycled water will be estimated based on previous consumption for a comparable period or by such other method as is determined by the city. In the preparation of such averaged bills, due consideration will be given to fluctuations caused by seasonal changes or any interruption to the service known to have occurred.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

If a property is vacant, the fixed component of the water and sewer service charge will be billed to the property owner.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

A. All customers must apply for service in order to establish a water, recycled water or sewer service account. Applications may be made in person, over the phone, by email, through an online system or by any other method designated and approved by the city.

B. Applications may be made by either property owners or tenants and all applicants are liable for the city's charges for service.

C. As part of the application, property owners and/or occupants are required to provide a deposit in the amount set by the city manager before service is rendered. The deposit required shall not exceed that allowed under Public Utilities Code Section 10009.6.

D. Upon permanent discontinuance of service and closing of an account, the city will refund the deposit to the customer without interest less any unpaid fees and charges due and owing the city for water service furnished to the customer's premises prior to discontinuance of service.

E. Regardless of the customers' payment history, the city may require a new deposit before rendering service to the same customer at a new service address.

F. Any deposit eligible for refund and unclaimed after termination of service will become the property of and be retained by the city subject to the procedures set forth in Government Code 50050 et seq.

(Ord. No. 910, § 4(Exh. A), 9-26-2017; Ord. No. 939, § 3, 12-10-2019)

When an application for potable, recycled water or sewer service is made by an applicant who was responsible for and failed to pay all bills for service previously rendered, regardless of location or when incurred, the city may refuse to furnish service to such applicant until the outstanding bills are paid and may require additional deposit, in an amount set by the city manager.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

A. Bills for water and sewer service to residential, commercial, institutional and industrial accounts will be rendered monthly in arrears unless otherwise provided by agreement.

B. Bills for recycled water service will be rendered in accordance with the recycled water agreement.

C. If the total period of service is less than the billing period, the period of service will be prorated and the service charge adjusted accordingly.

D. Bills for service to all accounts are due and payable upon presentation. Payments may be made in any manner designated and approved by the city.

E. Bills become delinquent on the sixth day, or next business day if the sixth day falls on a weekend or holiday, of the month after they have been presented to the customer.

F. A fee of twenty-five dollars will be charged to customers for bill payments returned, from any method of payment.

(Ord. No. 910, § 4(Exh. A), 9-26-2017; Ord. No. 939, § 4, 12-10-2019; Ord. No. 976, § 2, 4-11-2023)

A. Whenever the amount of any water, recycled water or sewer service charge has been overpaid, or paid more than once, or has been erroneously or illegally collected or received by the city, it may be refunded as provided in this section.

B. The claimant or his or her guardian, conservator, executor or administrator must submit a written application to the city's finance director, on a form provided by the city, within six months of the alleged overpayment or erroneous or illegal collection. The application must clearly establish claimant's right to the refund by written records.

C. Upon receipt of the claim, the city will evaluate the request and provide a written evaluation of its analysis, including any refund due, within sixty days.

D. Any customer aggrieved by the city's decision with respect to its refund request, may appeal to the city manager by filing a notice of appeal with the city clerk, within fifteen days of the finance director's decision. The city manager will render a written decision within sixty days of the filing of the appeal. The findings of the city manager shall be final. Any amount found to be due shall be immediately due and payable upon the service of notice.

E. The submission of a written claim as set forth in Chapter 2.44 shall be a prerequisite to a suit challenging a city decision made pursuant to this chapter.

F. The filing of a claim on behalf of a class or group of property owners is not permitted.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

Editor's note— Ord. No. 976, § 3, adopted Apr. 11, 2023, repealed § 13.44.110, which pertained to delinquent bills—courtesy notice, and derived from Ord. No. 910, § 4(Exh. A), adopted Sept. 26, 2017; and Ord. No. 939, § 5, adopted Dec. 10, 2019.

A. A written notice of termination shall be sent at least seven business days before service is disconnected for non-payment. Where the customer's address is not the service address, notice shall also be sent to the occupant where service is provided. A notice of termination shall describe all adopted policies of the City relating to disconnection and identify where copies may be obtained.

B. When water, recycled water or sewer service is disconnected for nonpayment, the city may demand the full amount of both delinquent and current bills be paid in full before service is restored.

C. The city manager may adopt a written policy to govern disconnection of residential service, and provide for arrangements for alternative or deferred payments in order to avoid disconnection and requests for extension of time, and a process for bill review and appeal, in accordance with Health and Safety Code Section 116906.

(Ord. No. 910, § 4(Exh. A), 9-26-2017; Ord. No. 939, § 6, 12-10-2019)

The city council may by resolution prescribe penalties or charges to be assessed against delinquent accounts and shall have the power and authority to enforce collection thereof.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

If, in an effort to collect a delinquent bill, the city uses the services of a collection agency, any and all collection agency fees shall be passed on to the delinquent customer.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

Regardless of the whether the customer is the property owner or a tenant, by the adoption of a resolution, the city council may declare that delinquent charges and penalties for water, recycled water or sewer service, when recorded shall constitute a lien upon real property served after notice and hearing as in Section 13.44.150.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

A. On or before the fifteenth day of June of each year the city council shall hold a hearing to determine the amount of the delinquent charges and penalties for sewer and water service. Notice of hearing shall be given by the city clerk and shall contain a copy of the proposed resolution, state the time and place for a hearing on the proposed resolution, and provide that any person interested may appear at the hearing and be heard as to the charges and penalties.

B. The notice shall be published at least once each week for two weeks prior to the hearing in a newspaper published in the city. The first publication shall be at least fifteen days prior to the date of the hearing.

C. At the time and place fixed in the notice of hearing, the city council shall hold the hearing. At the hearing, any person interested may appear and be heard on the matters set forth in the notice. At the hearing the city council may change or modify the charges and penalties; provided, however, that no charge or penalty shall be increased from that set forth in the proposed resolution unless notice of intention to make said increase shall be published at least once or posted at least ten days prior to the hearing on the proposed charge.

D. At the conclusion of the hearing, the city council may determine that the charges and penalties are not discriminatory or excessive, comply with the law, and adopt said resolution as proposed or modified.

E. One of the modifications of the resolution may be the finding and determination by the city council that the amount of the charge and penalty shall be placed on the tax roll. If such finding and determination is made by the city council, the city clerk shall forward the amount fixed by the city council to the Sonoma County tax collector for placement on the tax roll next succeeding the hearing.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

Charges for potable or recycled water service and all penalties thereon, when confirmed by the city as provided in this chapter, shall constitute a lien upon the real property served and such lien shall continue until the charge and all penalties are fully paid or the property is sold therefore. The lien shall be prior to all other liens recorded after the lien for potable or recycled water charges is recorded as herein provided. In addition, the city council may authorize the finance director to place the lien on the tax roll of the property served.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

The lien provided for in this chapter shall attach and be entitled to priority as of the time the finance director records the list of delinquent unpaid charges and penalties with the county recorder. Each recorded lien shall state the amount of each charge and the penalty, a description of the real property upon which the same is a lien, and the name of the city of Rohnert Park to which the same is payable. A list of all delinquent charges shall be recorded annually, but no delay or informality in recording them shall invalidate the lien or any unpaid charge or any subsequent act or proceeding.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)

As separate, distinct, and cumulative remedies for the collection of said charges and penalties, the city shall use a collection agency or bring an action in court to collect the unpaid charge and all penalties. In the event of court action, reasonable attorney's fees may be awarded the city. In the event a collection agency is used, reasonable collection agency fees may be added to the unpaid charge.

(Ord. No. 910, § 4(Exh. A), 9-26-2017)