13.04 — UTILITY SERVICES

For purposes of this chapter the following words and phrases shall have the meanings ascribed to them in this article.

(Prior code § 23C-1-1)

Whenever any words or phrases used herein are not defined, or the context clearly requires a different definition of any words or phrases defined herein, a definition which conforms with the legislative intent of the City Council shall apply. (Prior code § 23C-1-2)

"BOD" means biochemical oxygen demand, which is the quantity of oxygen used in the biochemical oxidation of organic matter under accepted laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter.

"Building" shall mean any structure used for human habitation, a place of business, recreation or other purposes.

"Building drain" shall mean that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.

"Building sewer" means a sewer conveying materials from the premises of a user to a City sewer.

"Chemical oxygen demand (C.O.D.)" means the measure of the chemically decomposable material in domestic or industrial waste water as represented by the oxygen used as determined by accepted laboratory procedures.

"City inspector" means the inspector acting for the City as designated by the City Council.

"City Sanitation Officer" means the Sanitation Officer of the City or, if there is no Sanitation Officer, then the City Manager or his or her duly authorized representative.

"City sewer" means a sewer owned and maintained by the City.

"Combined sewer" means a sewer receiving both surface runoff and sewage.

"Combustible rubbish" includes paper, cardboard, light wood shavings, kindling, leaves and any other item that readily commences to burn upon contact with open flames.

"Commercial account" means a utility service account for a commercial or industrial customer engaged in a business for profit excluding therefrom a "home occupation" business, or a nonprofit or religious organization or corporation when a declaration has been filed with the City Clerk showing exemption from utility service charges by virtue of provisions of the United States Constitution, the Constitution of the State of California, or statute of the State of California.

"Commercial irrigation" means use of water for irrigating land planted to crops grown for commercial sale or for other than home use.

"Commercial rates" means regular charges for utility service for commercial accounts.

"Consumer" means any person who owns all or a portion of any building, structure, premises or real property which receives benefit of utility services.

"Contract agent" means an agent or employee of the City, or any person or the agents or employees thereof with whom the City shall have duly contracted under the terms of this chapter, to collect, transport through the streets, alleys or public ways of the City, and dispose of solid waste, recyclable materials, or organic waste produced within the limits of the City.

"Contractor" means any contractor licensed by the State to enter into contracts to perform the work of installing, repairing, replacing or relocating sewers under City jurisdiction, or the owner of private property doing his or her own house sewer work on his or her private property only.

"Domestic rates" means regular charges for utility service for residential accounts.

"Domestic sewage" means sewage from residences, business, buildings and institutions as distinct from industrial waste.

"Engineer" means the person appointed by the City Council to administer and enforce the rules and regulations of the City.

"Flat rate" means a fixed charge for utility service based on the type of use.

"Garbage" means kitchen and table offal, and every accumulation of animal, vegetable, and other matter that attends preparation, consumption, decay or dealing in, or storage of meats, fish, fowl, birds, fruits or vegetables, excluding slop or liquids.

"Industrial waste" means the liquid waste from industrial manufacturing processes, including the washing, cleaning of drain water from such process, as distinct from domestic sewage.

"Meter" means an approved water meter installed under the direction of the City Engineer or his or her agent.

"Metered rate" means a charge for water based upon water consumption as measured by a water meter.

"Person" means any individual, firm, corporation, company, partnership, association, organization or combination of more than one such entities.

"pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

"Place of business" means any hotel, motel, trailer park, restaurant, market, hospital or any commercial or industrial establishment where there is any accumulation of garbage, wet garbage, or refuse or rubbish.

"Premises" means a lot, parcel of land, building or establishment.

"Radioactive material" means material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays, or energy forms.

"Refuse" means all matter and materials rejected by owners or producers thereof as offensive or useless and which, by their presence or accumulation, may injuriously affect the health, comfort, or safety by increasing disease or hazard by fire, and not otherwise defined herein.

"Residential account" means an account other than a commercial account or an account exempted by virtue of provision of the U.S. Constitution, the Constitution of the State of California, or statute of the State of California, and shall include the account of a customer engaged in a residential home occupation business.

"Rubbish" includes and means all combustible and noncombustible waste and refuse matter, excepting garbage ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodging houses, hotels, restaurants, eating houses, stores, shops, offices and other public buildings. It includes, among other things, tree trimmings, cut in lengths not to exceed three feet or two inches in diameter, grass cuttings, dead plants, and weeds, and leaves and includes brick, mortar, and other debris incident to the construction of buildings. "Rubbish" does not include discarded appliances, furniture, or other bulky items which cannot be readily placed within the receptacles provided.

"Sanitary sewer" means a sewer which carries sewage and to which storm, surfaced and ground waters are not intentionally admitted.

"Secondary connection" means a water service connection from one building or property to another; thereby supplying water without benefit of a direct connection from a City water main.

"Sewage" means a combination of liquid or water carried human waste conducted away from residences, business buildings and institutions, which is known as domestic sewage, together with the liquid or water carried waste resulting from a manufacturing process employed in industrial establishments, including the washing, cleaning or drain water from such process, which is known as industrial waste.

"Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.

"Sewer" means a pipe or conduit for carrying sewage.

"Sewer system" means that system of City sewers designed and connected to carry away and dispose of sewage within the City.

"Shall" is mandatory. "May" is permissive.

"Significant industrial user" means any industrial user of the City's wastewater disposal system who: (1) has a discharge flow of 25,000 gallons or more per average work day; or (2) has a flow greater than five percent of the flow in the City's wastewater treatment system; or (3) has in his or her wastes toxic pollutants as defined pursuant to Section 307 of the Act of (State) Statutes and rules; or (4) is found by the City, (State Control Agency) or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

"Standard industrial classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

"Street" means any public highway, road, street, avenue, alley, way, public place, public easement or right-of-way.

"Storm drain" (sometimes termed "storm sewer") means a sewer or ditch which carries storm and/or surface waters and drainage, but excludes sewage and industrial waste, other than unpolluted cooling water.

"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 a laboratory filtering.

"Supervisor" shall refer to the supervisor of the Water and Sewer Division of the Department of Public Works.

"Wastewater" means the same as sewage.

"Wet garbage" means all clean garbage suitable for food for hogs, coming from restaurants, cafes, cafeterias, hospitals, hotels, boarding houses, clubs and all other eating places in the City, and from butcher shops and dealers in fresh vegetables, and consists of and includes only kitchen and table refuse, offal, and swill, and every accumulation of animal and vegetable scraps, refuse or waste, and other matter that attends the preparation, consumption, decay, or dealing in, or storage of, meats, fish, fowl, birds, fruits or vegetables; provided, however, that this definition is not intended to nor does it include the by-products of butcher shops where such by-products have a commercial value and are not decomposed nor offensive, and where such by-products have not been rejected by the owners or producers thereof as offensive or useless.

"Yard refuse" means grass cuttings, weeds, leaves, trees, trimmings, and other plant life ordinarily found in landscaped areas.

(Prior code §§ 23C-1-3—23C-1-50; Ord. 1677 § 1, 2021)

Article 2 Administration

The City Manager or designated representative shall administer contracts authorized by this chapter.

(Prior code § 23C-2-1)

Except as otherwise provided by contracts authorized by this chapter, and subject to direction of the City Manager, the Director of Public Works or designated representative shall operate and maintain the utility service provided pursuant to this chapter. (Prior code § 23C-2-2)

Subject to direction of the City Manager, the Director of Finance or designated representative shall be responsible for billing for utility service provided pursuant to this chapter. (Prior code § 23C-2-3)

Designation of a representative by the Director of Finance or the Director of Public Works shall relieve neither the Director of Finance nor the Director of Public Works from ultimate responsibility for performing duties assigned by, and pursuant to, this chapter. (Prior code § 23C-2-4)

For public health and sanitation purposes the City provides garbage and refuse service, yard refuse service, sewage service, and water service, which comprise separate administration units of a single public health program and accordingly, charges for providing utility services pursuant to this chapter may be set forth on, and collected as, a single utility bill for the public health program created and authorized by this chapter. (Prior code § 23C-2-5)

• A. Amount of Utility Service Bill. The amount of a consumer's utility service bill shall be determined as hereinafter provided by this chapter.

• B. Person Billed for Utility Service. The billing for utility service shall go to the property owner unless the property owner specifies another person who occupies the premises and the finance officer (or another designated representative of the City), in his or her sole discretion, elects to bill the occupant of the premises rather than the property owner with the understanding that the property owner shall remain liable for all such utility service charges.

• C. Frequency of Billing for Utility Service. Commercial accounts shall be billed every month for payment of utility service for the past month. Residential accounts shall be billed every month for advance payment of utility service for the next month.

• D. Corrections to the Utility Service Bill. Reasonable opportunity shall be given to question the correctness of a utility service bill and when an error is shown to have been made, the finance officer or designated representative shall make necessary corrections.

• E. Administrative Determination of Delinquency in Payment of a Utility Service Bill. When all or any part of a commercial account or a residential account is not paid for 30 days after mailing of a billing therefor, and no satisfactory explanation is given, as determined by the finance officer or his or her representative, such account shall be deemed delinquent until all past charges and penalties have been paid in full.

• F. Notice of Delinquency. Upon administrative determination of delinquency in payment of a utility service bill, the consumer or occupant of the premises, whichever is appropriate, shall be sent written notice stating, at a minimum, that:

  1. Utility service may be terminated based on the determination of delinquent payment but termination shall occur no sooner than 10 days from the date of mailing written notice thereof, and after providing any notice required by law prior to terminating service.

  2. Failure to pay the utility service bill will result in late fees being assessed.

  3. The City may enforce payment pursuant to certain provisions in the City Code, which shall be specified.

  4. The telephone number and address of the utility billing office shall be set forth and a short explanation of the procedure for protesting or seeking correction of a utility service bill shall be included.

  5. Those certain employees of the utility billing department designated to handle such protests and corrections shall be identified.

• G. Decision to Use Enforcement Methods. When all past charges and penalties have not been paid in full within 10 days after mailing of written notice that such account has been determined to be delinquent and no satisfactory explanation for nonpayment is given, as determined by the finance officer or designated representative, payment of such delinquent account shall be enforced by pursuing the enforcement measures hereinafter set forth in Article 3 of this chapter.

(Prior code § 23C-2-6)

The City Council, by motion or resolution, may authorize the City Manager or designated representative to adopt regulations requiring deposits or the prepayment of charges in an amount not exceeding one year's charges either from consumers or occupants of premises receiving benefit of utility services, or both, whichever is appropriate; provided, however, that in case of nonpayment of all or part of a bill said deposits or prepaid charges shall be applied only insofar as necessary to liquidate the cumulative amount of such charges plus penalties and costs of collection.

(Prior code § 23C-2-7)

The City Council, by motion or resolution, may authorize the City Manager or designated representative to grant discounts in fixed percentages or amounts for prompt payment of utility service bills.

(Prior code § 23C-2-8)

Article 3 Enforcement

The basic penalty for nonpayment of utility service bill charges within the time and in the manner described by this chapter shall be 10% of each month's charges for the first month delinquent, and an additional 10% of each month's charges for each additional month of delinquency, provided that if Government Code Section 54348 is amended to allow for a greater penalty, the City Council may establish a penalty in the amount allowed by Government Code Section 54348. The basic penalty shall be in addition to any processing fee charged for turning off service and/ or providing any notice required by law prior to turning off service. (Prior code § 23C-3-1)

When part or all of a utility service bill has been determined to be delinquent in payment and is subject to enforcement methods as hereinabove provided in Section 13.04.090(G) of this chapter, the finance officer or designated representative in charge of utility billing may do or cause to be done each and every one of the following, either singly or cumulatively:

• A. Discontinuation of Service. Any and all utility service for which the bill is rendered may be discontinued, including, but not limited to, shutting off water service for nonpayment of any charge on the utility service bill.

• B. Bringing of Legal Action. A legal action on behalf of the City may be brought in any court of competent jurisdiction to collect the amount due along with any unpaid deposit, charge or penalty thereon.

• C. Filing of a Lien. A list of delinquent unpaid utility service charges and penalties thereon, including charges representing the costs of recording and releasing the lien, may be filed with the County Recorder and shall continue to constitute a lien upon the real property served until the charge and all penalties thereon are fully paid or the property is sold therefor; provided that such list is prepared and filed as required by Government Code Section 54355, as it may be amended from time-to-time. Such list shall be verified by an oath of the collector substantially in the following form:

"STATE OF CALIFORNIA ) )SS. "County of Yolo )

"I, ___, the (kind of utility service) collector of the City of Woodland, do hereby swear that the attached list is a true and accurate list of the descriptions of real properties within said City, the occupancies of which are in default in the payment of (kind of utility service) collection charges for a period within the preceding fiscal year, to wit, from July 1, 20, to June 30, 20. I do hereby swear further that the amounts in arrears and unpaid, including penalties thereon, are set forth opposite each occupancy.

Subscribed and sworn to before me on this ______ day of ________, 20."

For purposes of this subsection, it further is noted that the rates, charges, and penalties in this chapter have been established after notice and hearing as required by Government Code Section 54354.5.

• D. Imposition of a Special Assessment. Each charge set out upon a delinquency list as immediately here-inabove described under subsection C and unpaid prior to October 1st of such year shall constitute a special assessment against the real property upon which the utility service charge has accrued, and shall constitute a tax lien on the real property for the amount of such charge. After October 1st of such year it shall be the duty of the County Auditor and the County Tax Collector to add the amounts of the respective assessments to the next regular bills for taxes levied against the respective real property for City purposes, and thereafter such amounts shall be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary City taxes.

(Prior code § 23C-3-2)

Whenever a legal action is brought on behalf of the City to enforce the lien set forth under Section 13.04.130(C) of this chapter the City, pursuant to Government Code Section 54356, as it may be amended from time to time, shall be awarded a reasonable attorney's fee therefor. (Prior code § 23C-3-3)

The City Council, by motion or resolution, may authorize the City Manager or designated representative to collect a certain fixed administrative charge which reflects the average administrative cost to the City resulting from collection of a delinquent payment of utility service bill.

(Prior code § 23C-3-4)

Payment of past and current charges and penalties, including current charges which have been due and payable for less than 30 days, shall be paid in full after payment of an account has been deemed delinquent or utility service has been terminated for violation of the provisions of this chapter; otherwise utility service neither shall be continued nor renewed but, instead, shall be terminated or shall continue to be terminated, whichever the case may be. (Prior code § 23C-3-5)

Before reestablishment of utility service terminated for failure to pay or for violation of any provision of this chapter the person requesting reestablishment may be required, at the discretion of the Director of Finance or designated representative, to furnish security conditioned upon compliance with the provisions of this chapter which is payable to the City in a form and in an amount up to $500.00 which meets the satisfaction of the Director of Finance or designated representative.

(Prior code § 23C-3-6)

§ 13.04.180. Penalties for tampering or interfering with or using utility service without making arrangements to be billed therefor or otherwise violating provisions of this chapter.

• A. Tampering or interfering with or using utility service without making arrangements to be filled therefor or otherwise violating any provision of this chapter, or aiding or abetting the same, shall be punishable either alternatively or consecutively, by civil or criminal prosecution, or both.

• B. Conviction of a first such criminal offense shall be punished as an infraction as defined by the law of the State from time to time. Conviction of each subsequent criminal offense shall be punished as a misdemeanor as defined by California State law from time to time.

• (Prior code § 23C-3-7)

The remedies for collecting and enforcing regulations, rates, and charges set out in this chapter are cumulative and may be pursued alternately, or any thereof may be used consecutively, and if any one of said remedies is or may be invalid, all valid remedies shall remain effectual. (Prior code § 23C-3-8)