HomeMy WebLinkAboutOrdinances - No. 1856ORDINANCE NO. 1856
AN ORDINANCE OF THE LODl CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 13 - PUBLIC SERVICES - BY
REPEALING AND RE-ENACTING CHAPTER 13.04, “SERVICE
GENERALLY,” IN ITS ENTIRETY ................................................................... ...................................................................
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODl AS FOLLOWS:
Section 1. Lodi Municipal Code Title 13 - Public Services - is hereby amended by
repealing and re-enacting Chapter 13.04, “Service Generally,” in its entirety and shall
read as follows:
CHAPTER 13.04 - SERVICE GENERALLY
Sections:
13.04.010 -
13.04.020 -
13.04.025 -
13.04.030 -
13.04.040 -
13.04.050 -
13.04.060 -
13.04.070 -
13.04.080 -
13.04.090 -
13.04.100 -
13.04.1 10 -
13.04.120 -
13.04.1 30 -
13.04.010 -
Definitions
Application for service or discontinuance
Deposits
Bill payment and delinquency
Connections generally
Connection charges
Apartments and flats
Restriction or interruption
Connection or reconnection by plumbers
Right of access for inspection
Pipe and facility maintenance
Service only to contracted premises
Bill adjustment
Low income adjustments
Definitions.
For the purposes of this chapter, the following words and phrases when used in this
chapter shall have the meanings respectively ascribed to them by this section:
A. “Delinquent bills” means all accounts that have not been paid to the city within
twenty-six (26) days after the issue date of the bill for the services provided for by this
chapter.
6.
Manager to be in charge of the financial records and accounts of the city.
“Director of Finance” means the person named from time to time by the City
C. “Electric connection” means all wires, insulators, conduits, fuse blocks, fuses,
and switches up to and including the meter used to connect the consumer’s electric
wiring to the city’s electrical distribution system.
D.
relating to garbage.
“Garbage collecting service” means that service described in Chapter 13.16
E.
connect the customer’s sewer system to the city sewer mains.
“Sanitary sewer tap” means all connections, valves, pipes, and fittings used to
1
F.
garbage, and the disposal of sewage.
“Service” means the supplying of water, electrical energy, the collection of
G.
relating to sewers.
“Sewage disposal service’’ means that service provided for in Chapter 13.12
H.
customer’s water system to the city water mains.
“Water tap” means the connection valves, pipes, and fittings used to connect the
13.04.020 - Application for service or discontinuance.
All applications for service or discontinuance of service shall be made to, and on forms
provided by, the Director of Finance. The Director of Finance shall issue all orders for
services, changes, or discontinuances.
13.04.025 - Deposits.
I. Services. A deposit for the furnishing or continuance of service may be required
by the Director of Finance. Such deposit shall not exceed the estimated amount of
charges for two months’ service.
2. No United States Issued Identification. In addition to a deposit for services, the
Director of Finance may require a deposit not to exceed the estimated amount of
charges for two months’ services of a customer who is unable to provide a United States
issued identification.
3. Length of Deposit.
a. Deposits for services shall remain on the account until twelve consecutive
billing periods have passed without late charges being assessed, unless
the account is discontinued prior to such event. Return of deposit
amounts shall be in the form of credit to the account, unless the account
is discontinued, in which case the deposit shall be applied to the final
billing and any excess shall be returned to the customer by check.
b. Deposits for no United States issued identification shall remain on the
account until the account is discontinued, or until valid United States
issued identification is provided. Return of deposit amounts shall be in
the form of a credit to the account, unless the account is discontinued, in
which case the deposit shall be applied to the final billing and any excess
shall be returned to the customer by check. A non-U.S. Identification
deposit will not be required where at least one U.S. Identification exists on
the account.
13.04.030 - Bill payment and delinquency.
A. All bills for the services enumerated in this chapter are due and
payable upon receipt thereof, at the Finance Division, Lodi, California, and become
delinquent twenty-six (26) days after the issue date of the bill.
Payment.
B. Delinquency. The Director of Finance shall send notice of delinquent bills, and if
all delinquent charges for services are not paid within ten days after mailing this notice,
then the Director of Finance may discontinue all service furnished to the customer by the
city. Within this ten-day notice period, the Director of Finance shall provide a notice 48
hours prior to discontinuance of services. Prior to any discontinuance of service
2
furnished to the customer by the city, the customer may request the opportunity to be
heard as to any adjustment or cancellation of any bill. The hearing shall be held before
the Director of Finance or his designee. In the event of a discontinuance of service, as
provided in this subsection, the Director of Finance may require as a condition precedent
to the resumption of service that the customer pay:
1. All amounts due and owing;
2. The cost to the city of discontinuing and resuming service; and
3. A deposit in an amount not exceeding the estimated amount of charges
for two months’ service.
The Director of Finance may waive delinquent amounts and negotiate a repayment
schedule for up to three (3) months (within any twelve-month period) when in the opinion
of the Director of Finance the customer can demonstrate financial hardship. No more
than two repayment schedules may be allowed in any twelve-month period.
C. Closing Bills. Closing bills are due on the date on which service is discontinued.
D. Late Charges. Delinquent bills shall be assessed a late charge which will be set
from time to time by the City Council. The late charge may be waived by the Director of
Finance when the customer can present evidence of financial hardship or convincing
information that timely payment could not have been reasonably expected.
13.04.040 - Connections generally.
No person except a duly authorized employee of the city shall make any water,
electrical, or sewer service connection to the city supply lines. Water and sewer tapping
includes bringing the supply lines to a point six inches inside the property line. Electrical
connection includes the service drop and necessary meter. On all new and
reconstructed buildings where water, sewer, and electrical connections are involved, the
equipment and equipment locations must be approved by the inspecting authority.
A service charge will be charged to the applicant when trouble calls involve customer
caused service interruptions. All costs of water tapping and sewer connections shall be
borne by the applicant and shall be charged at actual cost to the city. However, a flat
rate may be established by the provisions of Section 13.04.050.
13.04.050 - Connection charges.
The Public Works Director may, with the approval of the Director of Finance, establish or
change rates charged for water and sewer connections based on the average cost to the
city for such connections made within the preceding six-month period.
13.04.060 - Apartments and flats.
When more than one flat, apartment, building, or premises is supplied through one water
tap, each occupant may pay his own water and sewage bill if flat rates apply. However,
if at any time the water is used by an occupant and such fact is not reported to the city,
the Director of Finance may require that the owner or the owners’ agent-in-charge pay
all the water and sewage charges applying to the flats, apartments, buildings, or
premises being supplied through one tap.
3
13.04.070 - Restriction or interruption.
The city reserves the right to limit the amount of water supplied to any customer or to
different parts of the city should it appear necessary to do so, and shall not be liable for
temporary discontinuance of any service while making repairs or replacements.
13.04.080 - Connection or reconnection by plumbers.
No plumber shall leave water turned on at any newly erected building unless it is by
consent of the city, nor shall he connect or reconnect any service found shut off at the
service stop.
13.04.090 - Right of access for inspection.
Authorized employees of the city shall have the right of access to any premises receiving
any service named in this chapter at reasonable hours for the purposes of inspection.
13.04.100 - Pipe and facility maintenance.
The owner or occupant of premises where city services are supplied shall keep all
service pipes, valves, connections or other facilities used in connection with such supply
in good repair at all times, and the city shall not be liable for damage sustained by
reason of such owner or occupant's neglect.
13.04.1 10 - Service only to contracted premises.
No person shall supply service to any premises other than the one to which the service
contract applies.
13.04.120 - Bill adjustment.
Application for the adjustment or cancellation of a bill any consumer believes to be
inconsistent with the provisions of this code or other ordinances of this city relating to
water, electric, garbage, and sewage services shall be made to the Director of Finance.
Appeal from the decision of the Director of Finance may be made to the City Manager
whose decision may, upon request, be subject to a final review by the City Council.
13.04.130 - Low income adjustments.
The rates for residential refuse collection service, as they now exist or may hereafter be
modified under this chapter, shall be reduced as established by resolution for those
residential accounts in the names of persons meeting the eligibility criteria for applicable
electric service discounts as provided in this title. Proof of eligibility will be required by
the city to qualify for the rate adjustments provided herein.
Section 3 - No Mandatorv Duty 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 4 - 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
4
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
Section 5.
insofar as such conflict may exist.
All ordinances and parts of ordinances in conflict herewith are repealed
Section 6. This ordinance shall be published one time in the "Lodi News Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect 30 days from and after its passage and approval.
Approved this 1'' day of February, 2012.
3 JOANNE L. MOU~CE/
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1856
was introduced at a regular meeting of the City Council of the City of Lodi held January
18, 2012, and was thereafter passed, adopted, and ordered to print at a regular meeting
of said Council held February 1, 201 2, by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Johnson, Katzakian, Nakanishi,
and Mayor Mounce
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1856 was nd signed by the Mayor
on the date of its passage and the same has been
City Clerk
City Attorney
5