Woodland Municipal Code Art. 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:

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)

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)