Sacramento Municipal Code Art. I In General

As used in this chapter:

"Amortization agreement" means an agreement between the city and an owner to pay delinquent utility service charges over a specified period of time after the owner receives a notice of payment delinquency and impending termination of utility services from the city, pursuant to Article III of this chapter.

"Assessment roll" means the most recent equalized assessment roll of the county of Sacramento.

"Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development, in accordance with the provisions of the Davis-Stirling Common Interest Development Act, California Civil Code Section 4000 et seq., as amended or renumbered.

"City manager" means the city manager of the city of Sacramento or his/her authorized representative.

"Common area" means the area in a common interest development, excluding any area that is a separate interest, and/or an area within such a separate interest where the association or other entity managing the common interest development is authorized to operate a common irrigation system.

"Common interest development" means a common interest development as defined in California Civil Code Section 4100, as amended or renumbered.

"Condominium project" means a condominium project as defined in California Civil Code Section 4125, as amended or renumbered.

"Department" means the department of utilities of the city of Sacramento.

"Director" means the director of the department, or authorized representatives.

"Hearing officer" means a hearing officer appointed pursuant to Section 8.04.070 of this code to hear objections or protests pursuant to Section 13.12.100.

"Owner" means the person to whom a parcel of real property was assessed as legal owner in the assessment roll. If the director has actual knowledge of a grant deed or other reliable evidence showing that a different person owns legal title to the parcel, "owner" also includes the different person. "Owner" also includes an owner's duly authorized executor or receiver.

"Owner's address" means the address of the owner shown on the assessment roll, or a different address of which the director has actual knowledge.

"Person" means any person, company, partnership, agency, or other public or private entity, whether singular or plural.

"Presentation of the bill" means that a bill for utility service charges has been sent by U.S. mail in accordance with the provisions of this chapter, or, for utility service accounts billed electronically, has been sent electronically in accordance with the applicable terms of use for electronic billing, whether the bill is received by the owner liable for payment of the bill, is returned without receipt by the owner, or is not received by the owner for any other reason.

"Rates, fees, and charges" means any rate, fee, tax, assessment, penalty, or other charge established, prescribed, revised, set, charged, or collected under any provision of this code or any ordinance or resolution adopted pursuant to this code.

"Rendered," when used to describe utility services being rendered, means that utility services are provided or otherwise made available for use.

"Residential occupant" means a person who occupies real property used for residential purposes, whether such person owns, rents, or leases the property.

"Residential tenant" means a person to whom real property used for residential purposes is rented or leased.

"Separate interest" means a separate interest as defined in California Civil Code Section 4185, as amended or renumbered.

"Tenant" means a person to whom a parcel of real property is rented or leased.

"Utility service charges" means any rates, fees, and charges for utility services, including any penalties assessed for delinquent payment pursuant to this chapter.

"Utility services" means all utility services that the city provides or otherwise makes available for use and/or bills for under the provisions of Title 13 of this code, including water, storm drainage, sewer, regional sewer, garbage, recycling, garden refuse, and street sweeping service.

"Water service connection" means any tap, pipe, or other means of receiving water from the city water distribution system. (Ord. 2015-0011 § 11; Ord. 2013-0015 § 1; Ord. 2013-0014 § 27; Ord. 2011-051 § 2)

Notwithstanding any provision of this code to the contrary, the owner of a parcel to which one or more utility services are rendered shall be responsible and liable for the payment of all utility service charges for the utility services, and the city may utilize any and all procedures available under this code or state law to collect payment. (Ord. 2011-051 § 2)

A. The city manager may temporarily suspend utility services rendered to a parcel in accordance with the provisions of this section, upon satisfaction of the following conditions:

1. A previously-inhabited structure or unit within a structure on the parcel has been made uninhabitable because of damage or destruction caused by fire, flood, wind, earthquake, or other disaster; and

2. The parcel owner is unable to rebuild a habitable structure or unit substantially similar to the previously-inhabited structure or unit, due solely to the requirements of any federal or state law or regulation.

B. The city manager may adopt administrative guidelines to implement this section that include procedures for the parcel owner to request suspension of utility services, requirements for documentation and other information to support the request, and any applicable fees or charges.

C. The city manager may authorize suspension of all, some, or none of the utility services associated with the damaged or destroyed structure or unit. Any suspension of utility services authorized by the city manager may be modified or terminated at any time by the city manager, and shall not, in any event, extend beyond the period of time while the federal or state law or regulation prevents the parcel owner from rebuilding a habitable structure or unit substantially similar to the structure or unit that was damaged or destroyed.

D. If water service is suspended, the city shall shut off the water service connection for the parcel during the period of suspension.

E. During the period while utility services are suspended, the parcel owner shall not be charged the city's monthly rates for the suspended utility services associated with the damaged or destroyed structure or unit.

F. Suspension of utility services and monthly utility service rates pursuant to this section does not affect or limit in any way:

1. The parcel owner's liability for utility service charges arising from utility services rendered to the parcel at any time before or after the period of suspension; or

2. Any of the remedies specified in this code for the delinquent payment or nonpayment of utility service charges arising from utility services rendered to the parcel at any time before or after the period of suspension.

G. This section does not apply to (1) city storm drain service and storm drain service rates, and (2) city street sweeping service and street sweeping service rates. (Ord. 2013-0014 § 28)

Notwithstanding any provision of this code to the contrary, the remedies specified in this chapter or elsewhere in this code for the delinquent payment or nonpayment of utility service charges, including, but not limited to, the lien provided for in Section 13.12.070, the special assessment provided for in Section 13.12.090, and the termination of service provided for in Section 13.12.120, are separate, distinct, and cumulative remedies that may be pursued separately or in combination. (Ord. 2011-051 § 2)