Shasta Lake Municipal Code Ch. 13.04 Utility Services Generally

The ordinance codified in Chapters 12.04, 12.08 and Title 13 of this code shall hereafter be known as the "city of Shasta Lake utility service ordinance," and shall take effect in accordance with the law, and shall supersede any and all service fees, rates, rules and regulations previously used or in effect in the city.

(Amended during 1998 codification; prior code § 6.04.010)

As used in Chapters 12.04, 12.08 and Title 13 of this code:

"City" means the city of Shasta Lake.

"City council" or "council" means the duly elected city council of the city of Shasta Lake.

"Customer" means the person(s) responsible for the utility account.

"Manager" means the person appropriately designated by the city council of the city to administer and enforce the conditions of Chapters 12.04, 12.08 and Title 13 of this code.

"Person" means any individual, firm, corporation, company, partnership, association or entity.

"Residence, multiple-family" means a building or buildings containing two or more dwelling units, such as duplexes, apartments, apartment hotels, flats, or similar uses.

"Shall" is mandatory; "may" is permissive.

(Ord. 08-194 § 2: amended during 1998 codification; prior code § 6.04.020)

The city council of the city delegates to the city manager of the city the authority and the duty to enforce and uphold the provisions of Chapters 12.04, 12.08 and Title 13 of this code and, in his or her discretion, to make determinations, as necessary, in circumstances which may not be provided for in Chapters 12.04, 12.08 and Title 13 of this code.

(Amended during 1998 codification; prior code § 6.04.030)

The district shall keep a copy of the ordinance codified in Chapters 12.04, 12.08 and Title 13 of this code in the city office, and make it available for inspection upon request of any member of the public. The city shall provide a copy of the ordinance codified in Chapters 12.04, 12.08 and Title 13 of this code for the use of any member of the public upon their request, at a reasonable charge.

(Amended during 1998 codification; prior code § 6.04.040)

The city expressly reserves the right to amend the conditions or charges provided by Chapters 12.04, 12.08 and Title 13 of this code.

(Amended during 1998 codification; prior code § 6.04.050)

Chapters 12.04, 12.08 and Title 13 of this code may be amended by the city council by their duly adopted resolution.

(Amended during 1998 codification; prior code § 6.04.060)

All utility service design and construction work within the city shall conform to the city's Construction Standards and Construction Standard Exceptions as adopted by resolution of the city council.

(Amended during 1998 codification; prior code § 6.04.070)

(Ord. No. 12-228, § 1, 9-4-2012)

A. The city's authorized and identified representatives or employees shall have access to the customer's premises at all reasonable times for the purpose of reading meters, inspecting, testing, repairing, removing, exchanging or otherwise giving necessary attention to all equipment belonging to the city.

B. In case any authorized representative or employee is refused admittance to any premises, or being admitted shall be hindered or prevented from making such examination, the city manager of the city may cause the utilities to be turned off in accordance with the applicable laws.

(Amended during 1998 codification; prior code § 6.04.080)

While performing the necessary work on private premises referred to in Section 13.04.080 of this chapter, the duly authorized representatives or employees of the city shall observe all safety rules applicable, and the city shall indemnify the owner of the premises against loss or damage to the premises, except as such may be caused by negligence or failure of the owner of the premises to maintain safe conditions as required.

(Amended during 1998 codification; prior code § 6.04.090)

A. No person not an authorized representative or employee of the city shall have, wear or exhibit any credentials of the city.

B. It shall be the duty of each representative or employee of the city, upon resignation or dismissal, forthwith to surrender and deliver to the city all credentials of the city.

(Amended during 1998 codification; prior code § 6.04.100)

No water, sewer or electric service of the city shall be furnished to any premises or to any person free of charge.

(Amended during 1998 codification; prior code § 6.04.110)

To be eligible to receive lifeline service for qualifying utilities, the applicant must qualify under the eligibility criteria set forth in categories A. and B., below, and meet the certification requirements thereof to the satisfaction of the utility. Individually metered applicants/customers may qualify for lifeline service at their primary residence only. Applicants must be recertified annually.

Applicants meeting both A. and B. below, qualify for lifeline service:

A. Applicant must be a senior citizen (age sixty-two (62) or older) or be a disabled person as evidenced by receiving Supplemental Security Income (SSI) or State Supplemental Payment (SSP).

B. All applicants must have incomes at or below seventy-five (75) percent of Shasta County's area median income (AMI), adjusted for household size, as published by the state of California Department of Housing and Community Development.

Qualifying applicants for lifeline service may be placed on the lifeline rate starting with the next regular meter reading date following receipt of such application by the utility.

(Ord. 08-196 § 1)

Customers that open or close utility accounts with less than one month of service will be charged for only the number of days the account was open in that billing month. Charges shall be for water, sewer, and electric service.

(Prior code § 6.04.111)

The person responsible for payment of charges for the city's services shall be that person who requested such services, his or her successor in interest or assigns, or any person requesting that such bill be charged to him or her and who has been recognized by the city as having established valid cause to receive such services and be billed therefor.

(Amended during 1998 codification; prior code § 6.04.120)

Personal guarantees for the liability of payment of city charges may be required in writing by the principal owners of sole-proprietorship businesses, partnership businesses, and Subchapter S corporations.

(Amended during 1998 codification; prior code § 6.04.140)

Prior to establishing city utility service the customer must:

A. Fill out completely and sign the utility service agreement;

B. Show personal identification;

C. Pay all outstanding balances for past city services;

D. Pay all required fees and deposits.

(Amended during 1998 codification; prior code § 6.04.140)

In the event of multiple occupancy or joint tenancy of a unit, any and all persons receiving city services at that location shall be liable for payment of city charges.

(Amended during 1998 codification; prior code § 6.04.150)

The city requires disclosure of the legal owners of property administered by a property management/realty group.

(Amended during 1998 codification; prior code § 6.04.160)

Property management/realty groups with a power of attorney to contract on behalf of the legal property owner are required to submit to the city an original executed instrument signed by the legal property owner representing such contract for agent as attorney in fact to validate the city's utility service agreement.

(Amended during 1998 codification; prior code § 6.04.170)

Property management/realty groups without a power of attorney to contract on behalf of the legal property owner are not recognized by the city as the legal contracting party to provide utility services, unless the property management/realty group executes the city's utility service agreement and personal guarantee to accept full financial responsibility for utility charges.

(Amended during 1998 codification; prior code § 6.04.180)

Legal owners of property administered by a property management/realty group must personally execute the city's utility service agreement, unless the property management/realty group accepts full financial responsibility as provided in Section 13.04.190 of this chapter.

(Amended during 1998 codification; prior code § 6.04.190)

If, for any reason, the utility service is established before a contract for agent is submitted to the city, and a customer fails, upon written notice of not less than seven days, to provide such contract for agent as attorney in fact, the city may discontinue utility service.

(Amended during 1998 codification; prior code § 6.04.200)

If a noncomplying customer, as of the effective date of the ordinance codified in this chapter, fails upon written notice of not less than seven days to provide such contract for agent as attorney in fact, the city may discontinue utility services.

(Amended during 1998 codification; prior code § 6.04.210)

A. When a new customer requests city services the following will apply, unless otherwise stated: When any new nonindustrial customer requests city services, such person, prior to the commencement of services, shall be required to establish credit with the city by making a money deposit, i.e., cashier's check, money order, or cash, for water, electric and/or sewer services, as applicable, as set forth below. Such deposit shall be paid into the city's deposit account and held for the customer's account. "New customers" are defined as those customers who have not previously established a utility account with the city.

B. When any new industrial customer requests city services, such customer, prior to the commencement of services, shall be required to establish credit with the city by making a money deposit, i.e., cashier's check, money order, or cash for water, electric and/or sewer services, as applicable, as set forth below. Such deposit shall be paid into the city's deposit account and held for the customer's account. In lieu of a money deposit an industrial customer may provide a valid letter of credit from a current or prior utility company. Industrial customers shall be determined by the city and qualify for industrial rates for services, as applicable.

(Ord. 99-109 (part): amended during 1998 codification; prior code § 6.04.220)

When a deposit is due, the following is required, unless otherwise stated:

A. Residential Deposit Amounts Required per Single-Family Unit.

B. Residential Deposit Amounts Required per Multifamily Unit. Residential deposit amounts required for each unit in a multifamily residence.

C. Commercial Deposit Amounts Required per Unit.

D. Industrial Deposit Amounts Required per Unit.

1. Water. The minimum required deposit shall be at least one month's estimated charges as determined by the city.

2. Electric. The minimum required deposit shall be at least one month's estimated charges as determined by the city.

3. Sewer. The minimum required deposit shall be at least one month's estimated charges as determined by the city.

(Ord. 99-109 (part): Ord. 98-103: Ord. 95-56 § 1; prior code § 6.04.230)

When any customer who has previously established a utility account with the city requests city services at another location, the city may require a money deposit for water, electric and/or sewer services, as applicable as set forth below, if:

A. A customer has not paid for service previously rendered by the city; or

B. A customer's service has previously been terminated for nonpayment of utility charges; or

C. A customer has previously tendered a check for payment which has been returned for insufficient funds, unless a notice of bank error is received from customer's bank by the city; or

D. A customer has illegally unsealed his or her own utility meter(s); or

E. A customer has opened, damaged, rewired, altered or changed, or in any way interfered with any sewer line, water and/or electric meter, and/or appurtenances thereto.

(Amended during 1998 codification; prior code § 6.04.240)

The city may require an increase of twice the stipulated deposit amounts required in Section 13.04.240 of this chapter, or a minimum of at least two months' estimated utility charges for applicable city services, if:

A. A customer has tendered a check for payment which has been returned for insufficient funds, unless a notice of bank error is received from customer's bank by the city; or

B. A customer's service has previously been terminated for nonpayment of utility charges; or

C. A customer's original deposit has previously been applied to a delinquent account to avoid discontinuance of service; or

D. A customer has not paid for service previously rendered by the city; or

E. A customer has illegally unsealed his or her or their own utility meter(s); or

F. A customer has opened, damaged, rewired, altered or changed, or in any way interfered with any sewer line, water and/or electric meter and/or appurtenances thereto.

(Amended during 1998 codification; prior code § 6.04.250)

The above stipulated deposit amounts required may be increased if the customer's utility usage or current rates so justify an adjustment such that the minimum required in any case shall be at least one month's estimated charges for applicable city services.

(Amended during 1998 codification; prior code § 6.04.260)

If for any reason the utility service is established before a customer deposit is remitted to the city, or utility service is continued before a deposit is reestablished, and a customer fails upon written notice of not less than seven days to establish or reestablish a deposit, the city may discontinue utility service.

(Amended during 1998 codification; prior code § 6.04.270)

Customer deposits shall be returned upon full payment of all utility services owed to the city at the time such utility service account is terminated. Customer deposits shall first be applied to any unpaid delinquent closing bills before refund of the remaining balance to any customer who has not paid the final bill.

(Amended during 1998 codification; prior code § 6.04.280)

Customer deposits for property owners of residential single-family units may be returned at the end of one year of service with the city, at the customer's request, if:

A. A customer has not previously tendered a check for payment which has been returned for insufficient funds, unless a notice of bank error is received from the customer's bank by the city; and

B. A customer's service has not previously been terminated for nonpayment of utility charges; and

C. A customer's original deposit, prior to reestablishment, has not previously been applied to a delinquent account to avoid discontinuance of service; and

D. A customer has not had any previous accounts unpaid for service previously rendered by the city; and

E. A customer has not illegally unsealed their own utility meter(s); and

F. A customer has not opened, damaged, rewired, altered or changed, or in any way interfered with any sewer line, water and/or electric meter, an/or appurtenances thereto; and

G. A customer's utility account has always been paid in full on a current basis.

H. A customer resides at the property for which a deposit applies.

(Ord. 99-109 (part): amended during 1998 codification; prior code § 6.04.290)

Industrial customer deposits may be returned at the end of six month's service with the city, at the customer's request, if:

A. A customer has not previously tendered a check for payment which has been returned for insufficient funds, unless a notice of bank error is received from the customer's bank by the city; and

B. A customer's service has not previously been terminated for nonpayment of utility charges; and

C. A customer's original deposit, prior to reestablishment, has not previously been applied to a delinquent account to avoid discontinuance of service; and

D. A customer has not had any previous accounts unpaid for service previously rendered by the city; and

E. A customer has not illegally unsealed their own utility meter(s); and

F. A customer has not opened, damaged, rewired, altered, or changed or in any way interfered with any sewer line, water and/or electric meter, an/or appurtenances thereto; and

G. A customer's utility account has always been paid in full on a current basis.

(Ord. 99-109 (part))

All meters, service connections and other equipment furnished by the city shall be, and remain, the property of the city. The customer shall provide a space for and exercise proper care to protect the property of the city on its premises, and in the event of loss or damage to the city's property arising from neglect of customer care for the same, the cost of necessary repairs or replacement shall be paid for by the customer.

(Amended during 1998 codification; prior code § 6.04.300)

A nonrefundable turn-on charge of twenty dollars ($20.00) shall be collected each time a person or entity has a city service account opened in his or her or their name. The turn-on charge shall be required prior to the commencement of services. The turn-on fee may be an amount larger than twenty dollars ($20.00), not to exceed actual costs, if unusual problems cause more than normal turn-on expenses to the city, such as two trips due to restricted meter access or after-hours service requests. The turn-on charge will not be applicable when the account is opened for a new service connection installation for which service connection fees have been paid to the city.

(Amended during 1998 codification; prior code § 6.04.310)

A. Meter reading and billing will be done for utility services on a monthly basis. The meter-reading date will be the same each month, except that there will be a four-day allowance each way to adjust for Sundays, holidays and unusual conditions. Demand meters will be read each month on as nearly the same day as practicable. The city will make such exceptions to monthly billing as may be required for the efficient conduct of its business.

B. When the meter reader cannot gain access to read the meter on regular reading dates, the reading will be estimated. In periods when meters are not read, the bills may be rendered on the basis of estimated charges.

(Amended during 1998 codification; prior code § 6.04.320)

Whenever possible, all charges for all services provided by the city shall be combined, and one monthly bill shall be rendered. The bill shall state the services rendered (water service, sewer service and electric service) and shall give the name and last known address of the person responsible for payment, and shall list separately the charge for each service, and the total for all services. No one service charge may be paid separately from any other service charge. Failure to receive a bill will not release the customer from payment of charges. Bills will be rendered for service for the time service has been made available, at the request of the customer, until service has been requested to be disconnected, and the final meter readings and charges have been obtained.

(Amended during 1998 codification; prior code § 6.04.330)

All bills for utility services are due and payable at the designated office of the city when rendered, and shall become delinquent twenty (20) days after the date rendered.

(Amended during 1998 codification; prior code § 6.04.340)

A. Owners of rental property units who request that utility service not be terminated between a former tenant terminating utility service and a new tenant requesting utility service may execute the city's landlord interim service agreement, whereby the property owner assumes full responsibility for utility charges between tenants.

B. The landlord interim service agreement provides that the property owner assume full financial responsibility for utility charges between the time a tenant requests service termination and a new tenant requests beginning of service.

C. The city will charge a one-time service charge of twenty dollars ($20.00) for each account and/or unit, and an additional one-time charge of twenty dollars ($20.00) for each account and/or unit added to an existing agreement, for those property owners who have executed a landlord interim service agreement.

D. Cancellation of a landlord interim service agreement must be a written notification to the city.

(Amended during 1998 codification; prior code § 6.04.350)

Utility customers may arrange to avoid discontinuance of utility service for delinquent charges for an absence of an extended period of time by notifying the city in writing and making an advance money deposit of the estimated charges (or more) of the period that the customer expects to be absent. The customer's past payment history may be used by the city as an evaluating factor in determining whether the city will grant this convenience to the customer and/or the amount of a required deposit.

(Amended during 1998 codification; prior code § 6.04.360)

Service may be discontinued in accordance with the law when bills are delinquent. If a customer has a deposit with the city, this deposit will only be applied to the customer's account on the closing bill, in accordance with Sections 13.04.230 through 13.04.300 of this chapter.

(Amended during 1998 codification; prior code § 6.04.370)

Service shall not be discontinued for nonpayment if the city has erred and if:

A. In the case of a disputed bill which has been outstanding for three months, a plan arranged within seven days for the payment has been made with the city, from the date at the end of the three months; and

B. The customer has not violated any city ordi- nances or other civil laws.

(Amended during 1998 codification; prior code § 6.04.380)

A. No city furnishing its inhabitants with light, water, power, heat, or means for the disposition of garbage, sewage or refuse matter, may terminate residential service for nonpayment of a delinquent account unless the city first gives notice of the delinquency and impending termination, as provided in Section 16482.1 of the California Public Utilities Code.

B. Any residential customer who has initiated a complaint, or requested an investigation within five days of receiving the contested bill, or who has, within thirteen (13) days of mailing of the notice required by the California Public Utilities Code, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment, shall be given an opportunity for review of the complaint, investigation, or request by a review manager of the city. The review shall include consideration of whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, not to exceed twelve (12) months. No termination of service shall be effected for any customer complying with an amortization agreement if the customer also keeps the account current as charges accrue in each subsequent billing period.

C. If a residential customer fails to comply with an amortization agreement, the city shall not terminate service without giving notice to the customer at least forty-eight (48) hours prior to termination of the conditions the customer is required to meet to avoid termination, but this notice does not entitle the customer to further investigation by the city.

(Amended during 1998 codification; prior code § 6.04.390)

Pursuant to Public Utilities Code Section 16468, if account payments are delinquent for two or more consecutive months, advance payment may be required based upon the average of the past two months' billings of actual use prior to the delinquency. Advance payments may be required in addition to delinquent and current utility charges. The utility service may be discontinued for nonpayment of demanded delinquent, current and advance charges upon written notice of impending termination of seven days.

(Prior code § 6.04.400)

When a city service has been discontinued for nonpayment, as provided above, a nonrefundable restoration of service charge of twenty dollars ($20.00) shall be collected before service is restored. The restoration of service charge may be an amount larger than twenty dollars ($20.00), if unusual problems cause more than normal turnoff and turnon expenses to the city.

(Amended during 1998 codification; prior code § 6.04.410)

A. A returned-check fee of fifteen dollars ($15.00) shall be charged for each check, and for each time a check tendered in payment is returned for insufficient funds, unless a notice of bank error is received from the customer's bank by the city.

B. Utility accounts may be placed on a "cash-only" basis if checks tendered in payment have been returned for insufficient funds more than three times in any twelve (12) month period.

(Amended during 1998 codification; prior code § 6.04.420)

A field collection call charge of fifteen dollars ($15.00) shall be made whenever it becomes necessary for a city representative to make a field collection call at the customer's premises to enforce payment of a billing or security deposit. The charge is required regardless of whether the bill is collected or the service is terminated. The field collection call charge shall be required in advance, and in addition to any delinquent utility charges or required security deposit, in order to maintain utility service without termination. The field collection charge shall be required in addition to restoration of service charge in the event of utility discontinuance for nonpayment of delinquent charges.

(Amended during 1998 codification; prior code § 6.04.430)

A shutoff notice charge of fifteen dollars ($15.00) shall be made whenever it becomes necessary for city personnel to begin processing a shutoff notice to post the customer's premises notifying them of a pending termination of utility services due to nonpayment of a utility bill or security deposit. The shutoff notice charge shall be required in advance, and in addition to any delinquent utility charges or required security deposit, in order to maintain utility service without termination. The shutoff notice charge shall be required in addition to field collection and restoration of service charges in the event of the utility discontinuance for nonpayment of delinquent charges. This fee will not be charges to customers who, within the allowable time, have been granted an extension for payment of utility billings by the city's customer service manager.

(Amended during 1998 codification; prior code § 6.04.435)

All revenues received by the city under the provisions of Chapters 12.04, 12.08 and Title 13 of this code shall be deposited in the bank selected for the deposit of these funds.

(Amended during 1998 codification; prior code § 6.04.440)

The city may refuse any or all services and may turn off or terminate any or all services in accordance with the law in the event a customer violates or fails to comply with any of the provisions and requirements of Chapters 12.04, 12.08 and Title 13 of this code, his or her service application, or fails to pay any or all of the service charges when rendered or due.

(Amended during 1998 codification; prior code § 6.04.450)

A. The city reserves the right to refuse to supply any service of a nature which may seriously impair a service to any other customer, or to the city's service facilities, and the city shall have the right to discontinue service to any customer who shall continue to use equipment detrimental to the service after being notified by the city.

B. The city may discontinue service to the customer for theft of service, or for the appearance of theft devices on the premises of the customer.

C. The discontinuance of service by the city for any cause, as set forth in Chapters 12.04, 12.08 and Title 13 of this code, shall not release the customer from his or her obligation to the city for the payment of charges which have been charged to him or her in accordance with the provisions of Chapters 12.04, 12.08 and Title 13 of this code.

(Amended during 1998 codification; prior code § 6.04.460)

Should the occupant of any premises, or any person acting for him or her, turn on or cause to be turned on any service after it has been turned off by the city, such person or occupant may be charged with a violation of the applicable California Penal Code provisions.

(Amended during 1998 codification; prior code § 6.04.470)

A person aggrieved by the enforcement of the conditions of Chapters 12.04, 12.08 and Title 13 of this code may appeal the decision to the city council in accordance with procedure worked out with the manager of the city.

(Amended during 1998 codification; prior code § 6.04.480)

Trespass on city utility properties and facilities is banned unless the parties entering the city utility properties and facilities has obtained authorization in writing, accompanied by a city staff member, or performing services for the city authorized by the supervising city staff member responsible for the property and/or facilities.

(Amended during 1998 codification; prior code § 1.08.010)

The properties and facilities that shall be posted for NO TRESPASS include:

A. Electrical substation;

B. Wastewater treatment plant;

C. Water treatment plants;

D. City warehouse and shop;

E. Water storage tank areas.

(Amended during 1998 codification; prior code § 1.08.020)