Tracy Municipal Code Ch. 11.12 Uniform Billing, Collection and Delinquency Procedures for City Services

It is the purpose of this chapter to establish uniform procedures for the submission of billings, the collection of moneys, and the administration of delinquent accounts for those consumers of garden refuse collection, garbage collection, and water and sewage services. The City Manager, or designee, may modify the requirements imposed by the provisions of this chapter, using reasonable judgment, in individual cases where he or she considers sufficient mitigating circumstances exist.

(Prior code § 11-3.01)

(Ord. No. 1280, § 1, 12-17-2019)

The City Manager shall enforce the provisions of this chapter by coordinating the actions of the Director of Public Works, the Finance Director, and any other officers and employees of the City.

(Prior code § 11-3.02)

(a) Every owner, tenant, or occupant of premises receiving one or more of the services enumerated in section 11.12.010 of this chapter shall be billed for such services once every month. The City shall be divided into service areas, each of which shall be assigned a specific numbered day of each calendar month which will be the ending day of that area's month for service and billing purposes. Bills shall contain charges for services for the preceding month as follows: for water services, the monthly service fee plus the charge for water consumed between two (2) consecutive meter readings, the last of which shall be taken within fifteen (15) calendar days prior to the submission of the bill, and for sewer, garbage, and garden refuse services, including the toter fee.

(b) Each bill shall include advice that the bill will become delinquent if not paid on or before the delinquency date as specified on the bill.

(Prior code § 11-3.03)

(a) Payments may be made to the City as specified on the bill.

(b) Bills shall be paid in full, including any penalties. Payments from which the customer has made unauthorized deductions may not be accepted.

(Prior code § 11-3.04)

(Ord. No. 1280, § 1, 12-17-2019)

(a) Whenever payment for a bill which was properly rendered has not been received by the Finance Department at the close of business on the current billing due date as specified on the bill, the total amount of the bill shall become a delinquent account. If the due date is a nonbusiness day, the account shall become delinquent at the close of business on the first business day thereafter.

(b) Delinquent amounts not paid by the time the next bill is prepared shall be separately stated on the next bill rendered to the customer, and such amount shall be subject to a late charge, and such statement shall constitute notice of the delinquency to the customer. The amount of the late charge shall be ten (10) percent of the delinquent amount.

(c) If the bill is not paid within fifteen (15) days after the notice specified in subsection (b) of this section, a final notice shall be mailed to the customer advising that service will be discontinued if payment of the entire amount then due is not made within five (5) days after the date such notice was mailed.

(d) If the bill has not been paid by the close of business on the date specified in subsection (c) of this section, water, garbage, and garden disposal services may be discontinued.

(e) Notwithstanding subsections (c) and (d) of this section, discontinuation of service for delinquent accounts for residential service will be permitted only as set forth in the City of Tracy Policy on Discontinuation of Residential Water Service for Nonpayment ("Policy"). For the purposes of this chapter, "residential service" shall have the same meaning as set forth in California Health and Safety Code Section 116902.

(Prior code § 11-3.05, as amended by § 1, Ord. 968 C.S., eff. February 19, 1998)

(Ord. No. 1280, § 1, 12-17-2019)

(a) A fee [of] Thirty-five and no/100ths ($35.00) dollars shall be charged for restoring water service to the same user when it is discontinued for failure to pay a delinquent account.

(b) In the event it is necessary to lock a water meter because of a delinquency and the lock is subsequently found damaged or cut, a fee of Fifty and no/100ths ($50.00) dollars shall be charged in addition to the fee set forth in subsection (a) of this section.

(c) If it is necessary to remove a water meter because of a delinquency, a fee of One hundred and no/100ths ($100.00) dollars shall be charged in addition to the fee set forth in subsection (a) of this section.

(d) A fee of Twenty-five and no/100ths ($25.00) dollars may be charged for all checks returned by banks for nonsufficient funds. The fee shall be added to the customer's utility account.

(e) All charges set forth in this section shall be added to the amount of the delinquent account.

(f) The entire amount of a delinquent account, including all fees which have been billed for services and all charges or fees set forth in this section, shall be paid in order for service to be continued or restored.

(Prior code § 11-3.06)

(Ord. No. 1161, § 1, 7-5-2011)

(a) Whenever a person shall fail to pay a closed account within thirty (30) days after a billing is rendered or shall become subject on a current account to the provisions of subsection (d) of section 11.12.050 of this chapter, the City may discontinue services to all the other utility accounts for which such person is responsible.

(b) No person who owes delinquent accounts to the City on either a closed or current account may open a new utility account until all such delinquent accounts have been paid.

(Prior code § 11-3.07)

Any tenant, either residential or commercial, that has requested City utility services, shall make a deposit of one hundred seventy-five and no/100ths ($175.00) dollars. The deposit is required for any, or all, services of water, sewer, garbage and garden to be provided by the City.

The deposit shall remain on the account until satisfactory status has been reached. For purposes of this chapter, "Satisfactory status" is defined as an account having no delinquent amounts or fees added in a consecutive twelve-month period.

For each utility service location, either residential or commercial, a new account will be opened and a new deposit will be required to start services.

(Ord. 1105 § 1, 2007: prior code § 11-3.08)

(Ord. No. 1161, § 2, 7-5-2011; Ord. No. 1280, § 1, 12-17-2019)