Tehama Municipal Code Ch. 13.12 Billing for Utility Services

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Editor's note— Ord. No. 174, adopted October 13, 2009, repealed the former Chapter 13.12, §§ 13.12.010—13.12.080, and enacted a new Chapter 13.12 as set out herein. The former Chapter 13.12 pertained to the gas utility service system and derived from Ord. No. 147, 1996 and Ord. No. 148, 1997.

Notwithstanding any provision in this code to the contrary, taxes, fees, and charges for all city water services shall be billed on one bill in one total amount to the owner of the property to which such utility services were rendered. For purposes of this section, owner shall mean the person to which the property was assessed in the last equalized assessment roll of the county of Tehama unless the director of finance shall have knowledge of the name of a person other than assessee claiming record ownership of such parcel of real property. Upon written request of the owner, and approval by the district, charges for water service shall be billed to the person occupying the property provided, however, that in the event of delinquency, such charges shall be billed to the property owner and remain with the property. Should charges remain delinquent, the city shall place a lien on the property.

(Ord. No. 174, 10-13-09)

All city utility services shall be billed on a monthly, bi-monthly, or quarterly basis as determined by the city council.

(Ord. No. 174, 10-13-09)

Charges for utility services are due upon presentation of the bill for services. Charges unpaid fifteen (15) days after presentation of the bill for services become past due (delinquent) and penalty charges shall be added to the bill. Charges that remain unpaid thirty (30) days following the past due date shall be assessed an additional penalty. Charges that remain unpaid sixty (60) days following the due date shall become a lien on the real property to which the utility services were rendered. The owner shall be notified by the director of finance that the charges are unpaid and that subsequent proceedings will be taken to make the charges a special assessment on the real property to which such utility services were rendered.

Should the property be sold and a delinquent bill exists on said property, the city will transfer those charges to any other open account under the name of the previous owner afforded such service. A transfer fee will be assessed. Should the property be sold and no other account is available to accommodate said transfer, charges will remain with the property and the new owner will be responsible for these amounts. No service will be rendered to the property until previous bills are satisfied.

(Ord. No. 174, 10-13-09)

A. Notwithstanding any provision of this code to the contrary, any utility service charge which has been delinquent for seventy-five (75) days or more shall be subject to having the lien recorded with the county recorder of the county of Tehama pursuant to the procedure provided in this section.

B. Prior to the recordation of a lien for delinquent charges, the director of finance shall cause the notice of an opportunity for hearing on the delinquent charges to be mailed to the owner. Such notice shall be mailed postage prepaid. If the owner desires a hearing thereon, he or she shall request such a hearing by notifying the director of finance thereof in writing within ten (10) days after the date shown on the notice. Any such hearing shall be set no earlier than ten (10) days after receipt of the owner's request. The hearing shall be held before the director of finance. The decision of the director of finance shall be final and conclusive.

C. At the expiration of the time within which to request a hearing, or upon a decision adverse to the owner after hearing, the director of finance shall cause such lien to be recorded with the Tehama County recorder in the form and manner prescribed by law. Thereafter, such lien shall not be released by the director of finance unless and until it is fully and completely paid.

D. The director of finance is authorized to determine the amount of delinquency which will subject an individual lien to the recording procedures of this section.

(Ord. No. 174, 10-13-09)

Not less often than once a year, the director of finance may initiate proceedings to make delinquent utility services charges a special assessment against the parcels of property situated within the city to which such services were rendered.

(Ord. No. 174, 10-13-09)

A report of delinquent charges shall be transmitted by the director of finance to the city council. Upon receipt of the report, the council shall fix a schedule for hearing the report and any protests or objections thereto.

(Ord. No. 174, 10-13-09)

The city clerk or director of finance shall cause notice of the hearing schedule before the city council to be mailed to the owner of the real property to which the service was rendered not less than ten (10) days prior to the date of the hearing. The notice shall be mailed to the address of the owner as shown on the last equalized assessment roll or such other address of the owner as may be known by the director of finance. The notice shall set the date and time by which objections or protests shall be filed with the director of finance. No objection or protest received after that date and time shall be considered.

(Ord. No. 174, 10-13-09)

At the time fixed for consideration of the report, the city council shall hear it together with any objections of the owners liable to be assessed for delinquent accounts. The decision of the city council on all protests or objections shall be final and conclusive. Upon confirmation of the report by the council, the delinquent charges contained therein shall constitute a special assessment against the property to which the services were rendered. Thereafter such assessment may be collected at the same time and in the same manner as ordinary secured property taxes are collected and shall be subject to the same penalties and same procedures of sale as provided for delinquent ordinary secured property taxes. The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall be continued until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of secured property taxes shall be applicable to such special assessments.

The validity of any assessment made under the provisions of this title shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is confirmed by the city council.

(Ord. No. 174, 10-13-09)

A certified copy of the confirmed report shall be filed with the county auditor on or before August 1st. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current year.

(Ord. No. 174, 10-13-09)

If any person shall fail or refuse to pay all or part of the lawful charges, including both delinquent and current charges, for any utility services, the water service and other services to the premises, regardless of tenancy, shall be discontinued in accordance with the procedures set forth in this chapter.

(Ord. No. 174, 10-13-09)

Prior to the discontinuance of any utility service for nonpayment of the bill, or nonpayment of a portion thereof, the director of finance shall cause a written notice that water services will be discontinued for nonpayment of charges.

(Ord. No. 174, 10-13-09)

The bill shall be sent to the owner of the property, to which such utility services were rendered and, if the address of the owner is not the address of the property to which such utility services were rendered, notice also shall be sent to the address of the property to which such utility services were rendered, addressed to "occupant."

(Ord. No. 174, 10-13-09)

The notice shall be substantially in the following form:

NAME:_________________________

SERVICE ADDRESS:_______________

NOTICE: Pursuant to of the Tehama City Code, the City will shut off water service at _______________ on _______________, or as soon thereafter as possible unless the delinquent balance of

$__________ is paid in full or arrangements for payment are made by 5:00 p.m. on __________. Additionally, a lien may be placed on your property.

You have a right to a hearing before the service is shut off. If you wish to present objections or to protest the proposed shut-off of utility services as unjustified, or to request a payment schedule of the delinquent charges, you must request a hearing date no later than __________, at 5:00 p.m. To request a hearing, contact the city clerk at 384-1501.

If you are a tenant of residential premises, you may request a hearing, and a service shut off delay of fifteen (15) days. The hearing will be informal and will be held before an employee of the City of Tehama who is authorized to review disputed bills and correct any errors.

Contact _______________ at 384-1501__________ for information on the availability of financial assistance.

If your water service is shut off, the total due on the account must be paid, in addition to a $__________ reconnect charge.

(Ord. No. 174, 10-13-09)

Upon receipt of a request for hearing, a hearing shall be scheduled not later than ten (10) days from the date of the request. The hearing shall be conducted in an informal manner by an employee of the city who shall have been designated by resolution of the city council to conduct such a hearing and who shall be authorized by the resolution to review disputed bills and to correct any errors. At the hearing, evidence may be presented and shall be considered bearing on whether the correct amount has been charged for the service which has been rendered and whether such amount has been paid or is delinquent. At the conclusion of the hearing, the person conducting the hearing shall make a decision based upon the evidence and shall have the authority to adjust the amount due in a fair and equitable manner. The person conducting the hearing shall also have the authority to delay the date of utility service discontinuance by up to fifteen (15) additional calendar days if the premises served is a dwelling and if a tenant of the premises requests such a delay at the hearing. The decision of the person conducting the hearing shall be final and conclusive.

(Ord. No. 174, 10-13-09)

If a hearing is not timely requested, or if a hearing has been requested and the person requesting the hearing fails to appear for it or have it continued, the city shall have the right to discontinue water service.

If a hearing shall have been requested and conducted and the person in charge of conducting the hearing shall have determined the amount to be due thereafter, and the amount determined to be due is not paid in full within fifteen (15) calendar days of the date of mailing of such decision, (or within thirty (30) calendar days if a delay was authorized, the city shall have the right to discontinue water service and other utility services.

(Ord. No. 174, 10-13-09)

No less than forty-eight (48) hours prior to scheduled discontinuance of water service or other utility services, a final notice shall be mailed postage prepaid final notice shall be posted on the premises where service is to be discontinued. The final notice shall be in substantially the following form:

WATER SERVICE (and other utility services) TO THE PREMISES LOCATED AT _______________, TEHAMA, CALIFORNIA will be shut off for nonpayment of delinquent utility services charges on or after __________, 19_____.

FOR MORE INFORMATION, contact the city clerk at 384-1501.

(Ord. No. 174, 10-13-09)