San Francisco County Municipal Code Art. 4.3 Sewers

Sec. 150.1. Definitions. Sec. 150.2. Owner Responsibility for Water Service Charges and Industrial Cost Recovery Surcharges. Sec. 150.3. Department Entitled to Payment. Sec. 150.4. Collection of Delinquent Service Charges through Recordation of a Lien. Sec. 150.5. Lien Proceedings; Additional Request for Payment; Warning Notice. Sec. 150.6. Lien Proceedings; Report and Notice. Sec. 150.7. Hearing. Sec. 150.8. Creation of Lien. Sec. 150.9. Recordation; Administrative Fees and Interest. Sec. 150.10. Filing of Lien With Controller and Tax Collector; Collection of Delinquent Accounts by the Bureau of Delinquent Revenue. Sec. 150.11. Payment of Amount Owed; Release of Lien; Distribution of Proceeds. Sec. 150.12. Write-off of Uncollectible Accounts; Compromise or Abandonment of Claims.

Sec. 150.13. Severability.

Unless the context otherwise specifies or requires, the terms defined in this Section shall, for all purposes of this article, have the meanings herein specified, the following definitions to be equally applicable to both the singular and plural forms of any of the terms herein defined: (a) The term "City" means the City and County of San Francisco; (b) The term "Department" means the Public Utilities Department of the City and County of San Francisco; (c) The term "Manager" means the Manager of the Customer Service Bureau of the Public Utilities Department, or his authorized agents; (d) The term "real property" means a lot or building thereon or other facility whether private, governmental or otherwise in the City and County of San Francisco; (e) The term "Commission" means the Public Utilities Commission of the City and County of San Francisco, or its designated agent; (f) The term "owner" when used with reference to real property shall mean, and shall conclusively be deemed to be, the legal owner of the real property, except, when the legal owner of said real property is such due to the holding of a mortgage, note or other such security, in which case the "owner" shall be deemed to be the beneficial owner of said real property. (g) The term "Committee" means the Lien Hearing Committee comprised of three members as designated by the General Manager of Utilities or his designee. (h) The term "customer" means the person subscribing for water and sewer service from the Public Utilities Department, whether or not such person is the owner of the property to which such service is rendered. (i) The phrase "Bureau of Delinquent Revenue" means the Bureau of Delinquent Revenue Collection with the Tax Collector's Office, as set forth in San Francisco Administrative Code Section 10.37. (Amended by Ord. 223-81, App. 5/4/81; Ord. 243-99, File No. 991266, App. 9/22/99)

INDUSTRIAL COST RECOVERY SURCHARGES. Except for tenant occupied individually metered residential dwellings, the owner of any real property shall be responsible for subscribing to and paying for water service to such real property by Department in accordance with rate schedules, rules and regulations established from time to time by Commission. Except for tenant occupied individually metered residential dwellings, the owner of any real property shall be responsible for paying the Sewer Service Charges and Industrial Waste Recovery Charges resulting from the use of occupancy of said property, in accordance with the rate schedules, rules and regulations established from time to time by Commission. For tenant occupied individually metered residential dwellings, unless the owner agrees to become responsible, the tenant shall be responsible for subscribing to and paying for water service to such real property by Department in accordance with rate schedules and rules and regulations established from time to time by Commission. Said tenants further shall be responsible for paying the Sewer Service Charges and Industrial Waste Recovery Charges resulting from the use of occupancy of said property, in accordance with rate schedules, rules and regulations established from time to time by Commission. Said tenants shall be required to post a security deposit prior to establishing an account for water and sewer service in accordance with the rate schedules, rules and regulations established from time to time by Commission. Nothing in this Section is intended to or shall prevent an arrangement, pursuant to rules and regulations established by Commission under which the subscription and/or payment for water service or Sewer Service Charge, or Industrial Cost Recovery Charges are made by customer, a tenant or tenants, or any owner, or agent on behalf of the owner; provided however, that any such arrangement shall not relieve owner of the obligation to Department, where water or Sewer Service Charges or Industrial Cost Recovery Charges are unpaid. Nothing in this Article is intended to impair the validity of any liens for delinquent water charges, Sewer Service Charges and Industrial Waste Recovery Charges which were recorded against tenant occupied individually metered residential dwellings prior to April 8, 1996. (Amended by Ord. 223-81, App. 5/4/81; Ord. 243-99, File No. 991266, App. 9/22/99)

The Department shall be entitled to payment for water service and sewer service within 15 days after the bill is mailed. Partial payments are to be deposited in each fund in proportion to the dollar amount of billing attributable to each fund. Should there be failure to make payment for water or sewer service rendered to any real property, water service to any such real property may be terminated in accordance with rules and regulations established from time to time by Commission until such service charges are paid. (Amended by Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 991266, App. 9/22/99)

RECORDATION OF A LIEN. Whether or not water service is shut off for nonpayment of service charges, Manager shall initiate proceedings to make delinquent water and Sewer Service Charges and Industrial Cost Recovery Charges a lien against parcels of property to which said service was rendered pursuant to Sections 150.5 to 150.11 inclusive, of this Article. This section shall not apply to tenant occupied individually metered residential dwellings unless the owner of the property is the customer of record or consents to the imposition of a lien by the Department. (Amended by Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 991266, App. 9/22/99)

NOTICE. When water and sewer service has been rendered on a continuing account, and a bill has been presented to the customer and such bill remains unpaid until the succeeding billing cycle, Department shall mail a written request for payment to the customer, and to the owner when the customer is not the owner. In the case of accounts that have been closed without payment in full, the Department shall mail to the customer, and to the owner when the customer is not the owner, a written request for payment. The notice provisions of this section do not apply to the owners of tenant occupied individually metered residential properties unless the property owner is the customer of record. The written request for payment shall include information as to the amount due and a warning notice that if the amount due is not paid within 15 days, water service on an open account may be terminated and proceedings to establish a lien against the real property to which the service was furnished will be instituted. The notice will further provide that if the account remains unpaid, administrative fees and interest, pursuant to this Article, will accrue. The form and content of said notice shall be approved by the Committee. (Amended by Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 991266, App. 9/22/99)

If payment is not received within 15 days following mailing of the request, the account shall be deemed to be delinquent. Delinquent accounts which are to be subjected to the lien procedure shall be reported to Committee by Manager at least once each month. The Committee shall conduct a hearing pursuant to rules and regulations consistent with this Article and approved by the Commission. The report for each such delinquent account shall contain the owner's name, the amount due, and a description of each parcel to be subjected to the lien procedure. The descriptions of the parcels shall be those used for the same parcels on the assessor's map books for the current year. Upon receipt of such report, Committee shall fix a time, date and place for hearing the report and any protests or objections thereto, and shall cause notice of the hearing to be mailed to each owner of the parcels of real property described in the report not less than 10 days prior to the date of hearing. (Amended by Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 991266, App. 9/22/99)

At the time fixed for consideration of the report, the Committee shall hear it, along with any objections or evidence offered on behalf of the owners or their legal counsel regarding the real property liable to be assessed for delinquent accounts. The Committee may make such revisions, corrections or modifications to the report as it may deem necessary. In the event that the Committee is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed. The decision of Committee on the report and on all protests or objections thereto shall be final and conclusive; provided, however, any delinquent account may be removed from the report by payment in full at any time prior to confirmation of the report. The Committee shall cause the confirmed report to be verified in a form sufficient to meet recording requirements. (Added by Ord. 62-75, App. 2/26/75; Ord. 243-99, File No. 991266, App. 9/22/99)

Upon confirmation of the report by the Committee, the delinquent charges contained therein shall constitute a lien against the property to which the services were rendered. The lien shall continue until the lien value and all interest, fees and administrative costs due and payable thereon are paid. (Added by Ord. 62-75, App. 2/26/75; Ord. 243-99, File No. 991266, App. 9/22/99)

The Committee shall cause the confirmed and verified report to be recorded in the County Recorder's office as soon as practicable. The lien on each parcel of property described in said report shall carry additional charges for administrative expenses of $50 or 10 percent of the amount owed, whichever is higher, together with interest at a rate of one percent per full month compounded monthly from the date of recordation of the lien on all charges due. Closed accounts for water and sewer service which are left unpaid shall be charged a late payment penalty fee in accordance with rate schedules, rules and regulations established from time to time by Commission. (Amended by Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 991266, App. 9/22/99)

COLLECTION OF DELINQUENT ACCOUNTS BY THE BUREAU OF DELINQUENT REVENUE. If liens filed by Department are not paid during the fiscal year in which they were recorded, the Department shall annually transfer such liens to the Tax Collector, who shall add the amount of said liens to the current property tax bill for collection in the same manner as ordinary taxes of the City and County of San Francisco. Delinquent utility service liens recorded pursuant to this chapter shall have the force, effect and priority of a judgment lien. Nothing in this section shall be construed to affect the priority status of water and sewer service liens recorded on properties prior to January 1, 1996. If the Tax Collector so agrees, Manager may also file any other claims for overdue water and sewer service charges with the Tax Collector, regardless of whether such accounts have resulted in the imposition of a lien. The Bureau of Delinquent Revenue may take action as necessary under Administrative Code Section 10.39 to collect all delinquent accounts owed to Department that are filed with the Tax Collector. The Bureau of Delinquent Revenue may recover reasonable attorney's fees, collection fees, and other costs from debtors in prosecuting claims for money owed to Department. (Amended by Ord. 223-81, App. 5/4/81; Ord. 243-99, File No. 991266, App. 9/22/99)

PROCEEDS. Upon payment to Department of the lien amount, plus applicable administrative fees and interest charges, Department shall cause to be recorded a release of lien with the County Recorder and shall pay to the County Recorder the applicable recording fee. Upon payment to the Tax Collector of the lien amount, plus applicable administrative fees and interest charges, the Department shall cause to be recorded a release of lien with the County Recorder, and Department shall pay to the County Recorder the recording fee.

Except for the release of lien recording fee authorized in this Section and the fees and costs authorized by Section 150.10, all sums collected on behalf of Department by the Tax Collector or Bureau of Delinquent Revenue shall be deposited to the credit of the Water Department Operating Account, Sewer Service Revenue Fund, the Industrial Cost Recovery Revenue Fund, and Utility Tax Fund in proportion to the cost of services rendered attributable to each fund. (Amended by Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 991266, App. 9/22/99)

ABANDONMENT OF CLAIMS. The Committee shall have the authority to write off those delinquent accounts worth less than $200 and shall from time to time notify the Public Utilities Commission of any such action. The Bureau of Delinquent Revenue Collection may compromise or abandon claims reported to it by Department in accordance with Administrative Code Section 10.40 (Amended by Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 991266, App. 9/22/99)

If any part or provision of this Article, or application thereof, to any person or circumstance is held invalid, the remainder of this Article, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end the provisions of this Article are severable. (Amended by Ord. 62-75, App. 2/26/75)