HomeMy WebLinkAboutOrdinances - No. 1855ORDINANCE NO. 1855
BE IT ORDAINED BY THE LODl CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Section 13.20 - Electrical Service - is hereby amended
by adding Section 13.20.020, “Energy Theft Diversion/Field Services Fee Recovery
Schedule,” and shall read as follows:
Section 13.20.020 Energy Theft Diversion/Field Services Fee Recovery Schedule
A. PURPOSE: The Lodi City Council finds and determines that there is and has been a
rise in utility theft in the City of Lodi whereby electricity services are being obtained without
payment, including but not limited to, shutoff costs, meter tampering, damage to or removal
of meter locking devices, energy diversion or theft of electric service, resulting in substantial
monetary losses to the City’s ratepayers in the form of, including but not limited to, loss of
revenue, replacement of damaged meters, meter testing fee and other related equipment
replacement or repair costs, personnel time in investigating and remedying theft matters,
investigative costs, and attorney’s fees. The purpose of this ordinance is to establish clear
guidelines for the processing and recovery of revenues related to theft as well as costs, fees,
and expenditures incurred by the City as a result of utilities theft as described herein.
B. ADOPTION OF FEES: The Lodi City Council shall from time to time establish by
Resolution fees to be charged to utility account holders where the City incurs costs as a
result of nonpayment, meter tampering, or actual or attempted theft of energy. Costs shall
not exceed actual cost. Fees shall be limited to the following:
Theft Inspection Fee - shall be charged upon an inspection that shows that
the meter has been tampered with or that the meter has been bypassed.
Field Services Field Trip Fee - shall be charged on accounts that are sealed
for nonpayment.
Service Cut-At-Pole Fee - shall be charged on accounts that cannot be
turned off at meter box when sealed for nonpayment or on accounts that the
meter has been bypassed or tampered with.
Meter Set Fee - shall be charged when a meter must be replaced when the
meter has been tampered with or bypassed.
Damaqed Meter Test Fee - shall be charged when a meter must be tested
after the meter was tampered with or bypassed.
Meter Ring Fee - shall be charged when meter ring must be replaced after
the meter was tampered with or bypassed.
7) Padlock Fee - shall be charged when padlock must be installed or replaced
after the meter was tampered with or bypassed.
8) Meter Cover Fee - shall be charged when meter cover must be replaced
after the meter was tampered with or bypassed.
9) Damaged Meter Replacement Fee - shall be charged when meter is
unrepairable and must be replaced after meter was tampered with or
bypassed (separate fees for Single-Phase and/or Poly-Phase).
10) Nighthawk Collar/Niahthawk Meter Replacement Fee - shall be charged
when Nighthawk Collar and/or Nighthawk meter must be replaced after the
meter was tampered with or bypassed.
SECTION 2. No Mandatory Dutv of Care. This ordinance is not intended to and shall not
be construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City or
outside of the City so as to provide a basis of civil liability for damages, except as otherwise
imposed by law.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
SECTlON4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 5. This ordinance shall be published pursuant to law and shall become effective
30 days from the date of passage and adoption.
Approved this 21" day of December, 201 1
mmw-
NNE MOUNCE - Mayor
City Clerk
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State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1855 was
introduced at a regular meeting of the City Council of the City of Lodi held November 16,
201 1, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held December 21 , 201 1, by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Katzakian, Nakanishi, and
Mayor Mounce
NOES: COUNCIL MEMBERS -None
ABSENT: COUNCIL MEMBERS -Johnson
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1855 was approved and signed by the Mayor on the date
of its passage and the same has been published pu
City Clerk
Approved to Form:
D. STEPHEN SCHWA w UER
City Attorney
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