San Joaquin Municipal Code Ch. 53 Utilities Billing and Collection

Section

Cross-reference: Garbage Collection; Disposal, see Chapter 96 Sewers, see Chapter 52 Water, see Chapter 51

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

APPLICANT AND CUSTOMER. A person who has been designated on an application for service as responsible for payment of charges.

BILL. An invoice or statement of account for utility service charges or fees including penalties.

CHARGES. All fees, charges, and other debts incurred by reason of the rendering of a utility service.

CONSUMER. A person using or receiving the benefit of utility services.

DAY. A calendar day.

PREMISES. A tract of real estate, including adjoining lots or parcels under the same ownership or control and the improvements thereon, which is determined by the City Manager to be a single unit for purposes of receiving, using, and paying for service.

PROPERTY. Shall have the same meaning as PREMISES.

PROPERTY OWNER. The owner of premises and property receiving utility services.

UTILITY SERVICE or UTILITY SERVICES. Water service, or waste disposal service, or sewer service, or any combination thereof, or privileges connected with water, waste, or sewer service.

(Ord. 13-105, passed 11-12-2013)

No water or sewer service shall be furnished to any premises until main, branch, service-connection, and front footage charges have been paid and until the requirements in this chapter have been met. The City Manager may, in writing, make such rules and regulations as are not inconsistent with the provisions of this chapter as may be necessary or desirable to aid in the administration or enforcement of the provisions of this chapter.

(Ord. 13-105, passed 11-12-2013)

(A) Before utilities service shall be supplied to any property by the city, the owner thereof shall sign an application for utility service on a form provided by the city for that purpose. If the property owner rents the premises to a tenant, the tenant may have service installed in the tenant’s name, provided (i) the property owner’s signature, mailing address, and telephone number are also on the application, and (ii) the tenant provides city with a copy of the rental agreement. The property owner may designate on the application that utility bills be addressed to tenant for payment and that property owner receive a copy of past due invoices and notices. The property owner remains responsible for all charges due to the city whether or not the property owner actually lives on the premises.

(B) The application shall contain an agreement on the part of the property owner to pay the stipulated utility charges at the time and in the manner provided for in this chapter, to accept unpaid and delinquent charges and penalties as a lien against the property to be served unless the property is owned by a public agency; reserving to the city the right to charge, enforce and collect utility charges and penalties in the manner provided by law; reserving to the city the right to temporarily discontinue the service; further providing that the city or any of its employees shall not be responsible for any damage resulting from defective plumbing or broken or faulty pipes of the property owner.

(Ord. 13-105, passed 11-12-2013)

(A) Application for residential service. Application for utility service may only be made in writing by the property owner, his or her agent, or tenant. The application form shall include the following for completion by applicant:

(1) Name of applicant;

(2) Name of spouse or domestic partner;

(3) Social security number or other valid identification of applicant and spouse or domestic partner;

(4) Driver’s license or California identification card for applicant and spouse or domestic partner;

(5) Location of premises;

(6) Address to which bills are to be mailed;

(7) Telephone number where applicant and spouse or domestic partner can be reached;

(8) Present address and telephone number of applicant if different than premises;

(9) Previous address and telephone number of applicant and spouse or domestic partner;

(10) Place of work or business of applicant and spouse or domestic partner;

(11) Whether applicant is owner, agent or tenant of premises;

(12) Necessary information to provide identity of applicant and spouse or domestic partner;

(13) Identification of other premises receiving service or having received service for same applicant, spouse or domestic partner;

(14) Whether premises have been previously supplied;

(15) Date of commencement of service; and

(16) Such other information as may be necessary to establish identity and credit worthiness of applicant and spouse or domestic partner.

(B) Application for water service for commercial, business, and industrial. The city shall require each business or commercial applicant for water service to sign an application for the services desired. All applications shall be required to provide the following information:

(1) Name of applicant;

(2) Name of all responsible parties including property owner;

(3) Social security number of applicant and all responsible parties;

(4) Driver’s license or California identification card;

(5) If business, tax identification number, articles of incorporation, and/or limited partnership documents;

(6) Purpose for which service is to be used;

(7) Location of premises;

(8) Address to which bills are to be mailed or delivered;

(9) Telephone number where applicant can be reached;

(10) Present address and telephone number of applicant and all responsible parties;

(11) Previous address and telephone number of applicant and all responsible parties;

(12) Place of work or business of applicant and all responsible parties;

(13) Whether applicant is owner, agent or tenant of premises;

(14) Other premises receiving service or having received service for same applicant, service name, and all responsible parties;

(15) Whether premises have been previously supplied;

(16) Date service is to commence; and

(17) Such other information as may be necessary to establish identity of applicant and all responsible parties.

(Ord. 13-105, passed 11-12-2013)

(A) Fees and charges. Fees and charges for utility services shall be in the amounts designated by city resolution.

(B) Property owner’s responsibility. An owner or purchaser of premises maintaining water or sewer connections or furnished solid waste disposal service shall assume responsibility for financial obligations of such service effective the date possession of the property is taken.

(C) Payments.

(1) Place of payment. Bills are payable at City Hall, 21900 West Colorado Avenue, San Joaquin, California, or to an authorized city collector or city collection agent.

(2) Due date. Payments for utilities are due and payable on the first day of each month succeeding the month in which the services are used. In the event an account is closed, the monthly charges will be prorated on a semi-monthly basis. If payments for utilities are not paid by the 25th day of the month after the charges become due, the city shall add a delinquency penalty as authorized by city resolution.

(3) Credit to account. Payments shall be credited to a customer’s account only when actually received by the city or city collector or collection agent. Payments shall be received “on account” of the customer and shall not apply to charges for any particular period.

(4) Checks. If a remittance tendered in payment of any account fails to clear through the banks and is returned, the account shall be considered unpaid, any receipts issued therefor shall be void, and the indebtedness shall be restored to the account.

(5) Service charge for returned checks. A service charge designated by city resolution shall be assessed for returned checks. This charge shall be made against the account originally credited, shall be added to the amount of the bill, and shall become a part thereof. This returned check service charge is in addition to any collection, restoration or reconnection charges which may otherwise become due and payable. Assessment of this service charge shall not relieve the maker of any criminal or civil liability provided by law.

(D) Disputed bills. Should the amount of any bill for service be questioned, the customer should promptly request an explanation. If the explanation is not satisfactory or is not understood, the customer must pay the bill under protest in order to avoid discontinuance of service. Protests will be addressed to the City Manager, must be in writing, and must state the reasons why the charges are believed to be incorrect. The City Manager will analyze the facts of the case and is authorized to make such adjustments in the charges as may be necessary to effect an equitable settlement. Failure of a customer to pay under protest after initial explanation is offered will warrant discontinuance of service without further notice if bill is not paid by delinquency date.

(E) Failure to receive bills. Utility service bills shall be mailed to the mailing address on the application or other address known to the city. The applicant, property owner, or his or her authorized agent may list a mailing address with the city for use in mailing bills. Failure to request such listing or to receive any bill, invoice, or notice shall not relieve responsibility for timely payment as required.

(Ord. 13-105, passed 11-12-2013)

(A) Deposit required. All applicants for utility service shall pay a cash deposit at the time of making application for utilities service in the amount of three times the monthly charge for the utilities, or in the case of water meters or special service in the amount of three times the estimated monthly charge therefor as determined by the City Manager. When actual records of previous consumption or charges at the service location are not available, or where the use of the property or the nature or extent of services rendered will change, the estimate shall be based on charges to customers whose installations are similar in size and similarly operated. The city shall have the right to utilize the deposit to pay any outstanding delinquent charges.

(B) Return of deposit. Upon the closing of any account, the balance of the security or prepaid charges, remaining after the closing bill for service has been paid, and less any city offsets, shall be returned to the customer upon application for refund, provided such application is made within one year after discontinuance of service. No interest shall be paid by the city on any such balance. In the event no such application is received in one year, said balance shall be forfeited.

(C) Failure to pay bills promptly. If a customer fails to pay his or her bills promptly as required by this chapter and the city utilizes the customer’s deposit for payment, the City Manager may require as a condition precedent to further service and as security for the payment of bills thereafter to be incurred, further security as described in division (A) above, provided that service will not be discontinued or disconnected for failure to make such deposit until at least 15 days after notice of intention to do so has been given to the customer and to the consumer, if different.

(Ord. 13-105, passed 11-12-2013)

(A) The city shall establish a written water shut off policy for non-payment of residential water services by City Council resolution which shall be consistent with SB 998.

(B) The city reserves the right to shut off city utility services without notice to any customers during an emergency in which the life, livelihood, or immediate well-being of any individual is imminently at risk. The city will notify affected customers as soon as possible in the event of such shut offs.

(Ord. 2023-03, passed 3-7-2023)

If any provision, paragraph, word or section is invalidated by any court, the remaining provisions, paragraphs, words or section shall not be affected and shall continue in full force and effect.

(Ord. 13-105, passed 11-12-2013)