Soledad Municipal Code Ch. 13.40 Utility Charges

For the purpose of this division, the following words and phrases shall have the meanings ascribed to them by this section:

A. "BOD," denoting biochemical oxygen demand, means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade, expressed in milligrams per liter by weight.

B. "Contractor" means an individual, firm, corporation, partnership or association who contracts with the city to perform utility services within the city, such as the collection and disposal of garbage and refuse.

C. "Fixture" means any sink, tub, shower, water closet or other facility connected by drain to a sewer.

D. "Industrial waste" means all liquid or solid waste substances not sewage, emanating from any producing, manufacturing or processing operation of whatever nature.

E. "Living unit" means any residence, apartment, habitation or other structure to be occupied by a single person or family requiring utility services.

F. "Permit" means any written authorization required pursuant to this division, or any other ordinance or regulation of the city, for the installation of any utility service.

G. "Person" means any human being, individual, firm, company, partnership, association, private or public or municipal corporation, the United States of America, the state of California, a district, a political subdivision, or a governmental agency.

H. "pH" means the logarithm of the reciprocal of the hydrogen ion concentration in gram equivalents per liter of solution.

I. "Sewage" means a combination of water-carried wastes from residences, business buildings, public buildings, institutions and industrial establishments.

J. "Sewerage system" means all facilities for collecting, pumping, treating and disposing of sewage, including major interceptors.

K. "Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.

L. "User" means any person to whom utility services are being furnished by the city.

M. "User charge" means a charge imposed upon a user by the city for utility service.

N. "Utility" or "utilities" means one or more of the following public services provided by the city: garbage and rubbish collection and disposal, sewer service, water service and sanitation services.

O. "Utility service" means the furnishing of a utility or utilities to a user by the city.

(Ord. 588 § 1, 2002; Prior code § 26-71)

The rates for garbage and rubbish collection in the city shall be such as are established by resolution of the city council or, if the work is being done by a contractor, by contract between the city and the contractor.

(Prior code § 26-72)

The city council shall from time to time by resolution establish a schedule of fees to be charged for the issuance of water connection permits and the installation of water service to premises within the city. In the event the city council elects to provide water service to premises outside the city, the connection and installation fee in each case shall be stated in the resolution authorizing such service to the particular premises.

(Prior code § 26-76)

A water user charge may be imposed for each user or user category, based upon and applied against the volume of water taken from the municipal water system. The charges provided for in this section shall be established annually by ordinance or by resolution of the city council and shall be set forth in a schedule of rates and charges.

(Prior code § 26-77)

A. Intrinsic Distinctions. It is recognized that there are natural, intrinsic and fundamental distinctions in the uses of, and in the properties to be served by, the municipal sewerage system and the municipal water system, which are reasonable in their relation to the objects of user charges and fees imposed pursuant to Section 13.40.040 of this chapter; therefore, the user charges prescribed in that section may be variable for different classes of uses for different parts of the sewerage or of the water system, as the case may be, or where portions of the works have been previously installed and financed so that variable rates may be equitable and just to all concerned.

B. Special Circumstances. When any person, by reason of special circumstances, is of the opinion that any provision of this division is unjust or inequitable as applied to his premises, he may make written application to the city council stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to his premises.

C. Relief on Application. If any application made under subsection B of this section is approved, the city council may, by ordinance or resolution, suspend or modify the provision complained of, as applied to the applicant's premises, to be effective as of the date of the application and to continue during the period of the special circumstances.

D. Relief by Council on Own Motion. The city council may, on its own motion, find that by reason of special circumstances any provision of Section 13.40.030 of this chapter should be suspended or modified as applied to particular premises and may by ordinance order such suspension or modification for the premises during the period that the special circumstances continue to exist.

E. Waiver for Certain Soledad Housing Authority Projects. Effective April 1, 2006, the water, sewer and sanitation service charges for vacant units in the existing Soledad Housing Authority Benito Street and Monterey Street Projects, occurring because of new affordable housing construction at said projects, are waived. This waiver shall terminate for each particular site when the certificate of occupancy is issued to the Soledad Housing Authority for the completion of housing construction at that site.

(Ord. 629 § 1, 2006: prior code § 26-78)

A. In the case of single-family dwelling units, utility user charges shall be billed to the occupant or to the person who makes application for such service; provided, that if such occupant or service applicant fails to pay any such charge when due, the city may take any and all action set forth in its "Utility Shutoff Policy," or any other action authorized by statute or ordinance against said occupant or other person to whom services are being provided to collect outstanding utility users charges.

As a condition to the furnishing of utility service to any user who is not the owner of the premises to which such services are to be provided, the user shall make a reasonable cash deposit with the city, in an amount to be determined from time to time by resolution of the city council, to secure the payment of all rates and charges imposed pursuant to the provisions of Sections 13.40.020 and 13.40.040; such deposit is to be held by the city until such time as utility services to the user are discontinued, at which time the deposit shall first be applied to the payment of any utility rates and charges due to the city from the user and any amount not so applied to be returned to the user.

As a condition to the furnishing of utility services to premises where the owner is responsible for payment under the foregoing provisions of this section, the owner may be required to execute and deliver to the city a written agreement to pay all utility rates and charges for service to the premises.

B. Multiple Services from One Meter. When there are two or more services on one curb stop meter, either:

1. The owner shall agree to be responsible for payment of all utility services furnished to the living units until separate meters are installed to each living unit; or

2. The owner of a premises having utility services which do not have separate meters and boxes to each living unit or which otherwise do not conform to the requirements in this chapter at the time of its passage or amendment may be required to put in such meters or make such other changes as are necessary to conform to these requirements, when directed by the city.

(Ord. 588 § 2, 2002: Prior code § 26-79)

(Ord. No. 726, § 2, 12-4-2019)

All utility services charges shall be due and payable, and shall become deliquent if payment is not received, in accordance with the dates and timelines established in the city's "Utility Shutoff Policy," as adopted by resolution of the city council.

(Ord. 588 § 3, 2002: Ord. 507 §1, 1991: Prior code § 26-80)

(Ord. No. 726, § 3, 12-4-2019; Ord. No. 702, § 2, 10-12-2016)

The amount of any utility fee or charge provided for in this provision is a debt to the city and, in addition to any other remedy afforded to the city by this code or written policy, the person or persons upon whom such charge is imposed shall be liable therefore in an action in the name of the city brought in any court of competent jurisdiction in accordance with the policies established by the city's "Utility Shutoff Policy," as adopted by resolution of the city council.

(Prior code § 26-81)

(Ord. No. 726, § 4, 12-4-2019)

Where utility service charges are delinquent, utility services shall be discontinued in accordance with the city's "Utility Shutoff Policy," as adopted by resolution of the city council.

(Ord. 588 § 4, 2002: Ord. 507 §2, 1991: prior code § 26-82)

(Ord. No. 726, § 5, 12-4-2019; Ord. No. 702, § 3, 10-12-2016)

A. A request for termination of service by the current customer shall be by advance written notice on a form provided by the finance officer and signed by the account holder. The completed form should specify the date service is/was to be discontinued and the forwarding address for the closing bill. In the event no termination notice is provided, said customer shall be held responsible for utility services provided to the service location until the finance department receives a written request for termination.

B. Temporary disconnection of service at the request of the customer requires an advanced notice as in paragraph A above.

C. Any customer request for service at another location when accompanied with a request for termination at a previous service location, shall be processed as a new account. If the customer remains as the account holder on both the old and new service locations, the second account will be treated as a new separate account. In the case where a customer's account, prior to the transfer, is delinquent, all past due amounts will be due in full, and a new deposit required, prior to the activation of service at the new location.

(Ord. No. 702, § 4, 10-12-2016)