HomeMy WebLinkAboutAgenda Report - August 17, 2022 H-02CITY OF AGENDA ITEM
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CALIFORNIA
COUNCIL COMMUNICATION
AGENDA TITLE: Introduce Ordinance Repealing and Reenacting Lodi Municipal Code Chapter 13.04
"Service Generally" in its Entirety, Including Adding Section 13.04.030(F) "Temporary
Payment Plan Provisions" to Provide Repayment Options for High Balance Delinquent
Utility Accounts, and Adopt Resolution Approving Payment Plans Using the Criteria
Outlined in Proposed Section 13.04.030(F) Granted to Customers by the Director of
Finance from August 3, 2022 Through the Effective Date of the Proposed Ordinance
MEETING DATE: August 17, 2022
PREPARED BY: Deputy City Manager
RECOMMENDED ACTION: Introduce Ordinance Repealing and Reenacting Lodi Municipal Code
Chapter 13.04 "Service Generally" in its Entirety, Including Adding Section
13.04.030(F) "Temporary Payment Plan Provisions" to Provide Repayment
Options for High Balance Delinquent Utility Accounts, and Adopt
Resolution Approving Payment Plans Using the Criteria Outlined in
Proposed Section 13.04.030 (F) Granted to Customers by the Director of
Finance from August 3, 2022 Through the Effective Date of the Proposed
Ordinance
BACKGROUND INFORMATION: On July 26, 2022, staff took the first steps necessary to begin service
suspens on for non-payment (SNP) for delinquent utility accounts for the
first time since March 2020. The first step was issuing late fees on all
delinquent accounts and sending the appropriate notices. The first date
SNP could resume would be August 22. On August 3, 2022, City Council, by unanimous motion, provided
direction to staff to continue the SNP process initiated on July 26, 2022. Further, Council directed staff to accept
the California Arrearage Payment Program (CAPP) funding approved for active residential accounts to address
delinquencies accrued during the COVID-19 pandemic through December 31, 2021, and to return to Council
with temporary payment plan provisions to assist customers in addressing higher than usual delinquent account
balances accrued during the pandemic.
Staff authority to grant payment plans for celinquent utilities is derived from Lodi Municipal Code Section
13.04.030 "Bill Payment and Delinquency". Staff proposes adding a new Subsection (F) to Section13.04.030
titled "Temporary Payment Plan Provisions". Subsection (F) as proposed reads:
F. Temporary Payment Plan Provisions. When in the opinion of the director of finance, the customer
can demonstrate a financial hardship as the result of the COVID-19 pandemic, or a financial hardship
awlt i�
Stephen Schwabauer, City Manager
caused by a large delinquent utility balance with the City of Lodi, the director of finance or designee
may negotiate a repayment schedule for delinquent amounts accrued by the customer using these
special provisions. The payment plan must be no longer than 6 months in duration, the customer
must remain current on both payment plan and current bill amounts, and the customer must make a
substantial down payment in good fai-h to initiate the payment plan. No more than two repayment
schedules may be allowed during the period August 3, 2022 through the close of business on June
29, 2023. The customer is eligible for a second payment plan even if the customer is unable to pay
the first plan to zero during the original scheduled term provided the beginning balance of the new
plan is less than the original balance of the first plan. This subsection (F) shall terminate at the
close of business on June 29, 2023, unless extended by action of the city council.
Key Provisions of the temporary payment plans are:
• Plans can be no longer than 6 months;
• Customers are only eligible for 2 plans during the temporary period;
• The second plan must be for a beginning principle balance that is less than the first plan;
• Temporary provisions expire at the close of business June 29, 2023; and
• The Director of Finance and designee have the ability to offer these plans to utility customers.
The proposed amendment to the Lodi Municipal Code is not eligible for emergency (immediate) action. Given
the SNP process is currently underway and account shut offs will begin Monday, August 22, 2022, staff has
taken the liberty to offer payment plans under the criteria of proposed Section 13.04.030(F), which is in
conformance with Council direction to staff at -he August 3, 2022, Council meeting. Therefore, in addition to the
Ordinance change, staff is requesting Council adopt a resolution approving payment plans entered into from
August 3, 2022 through the effective date of the proposed ordinance repealing and reenacting Chapter 13.04.
FISCAL IMPACT: Currently elevated balances on delinquent accounts puts a higher than normal risk
on utility collections. More flexible repayment options give customers the ability to
better manage -ull repayment of amounts owed. More flexible repayment plans
also elevate the risk customers will look to other remedies to handle high account
balances, prima1ly leaving their residence or filing bankruptcy. However, given the
currently elevated risk created by the high balance of delinquent accounts, the
recommended extension of more lenient repayment terms should lead to
increased collections while at the same time providing customers the ability to
maintain utility service.
FUNDING AVAILABLE: N/A
ax�jMr
Andrew Keys
Deputy City Manager/Internal Services Director
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL REPEALING
AND REENACTING LODI MUNICIPAL CODE CHAPTER 13.04 —
"SERVICE GENERALLY" —IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. The Lodi Municipal Code Chapter 13.04 entitled "SERVICE GENERALLY" is
hereby repealed and reenacted in its entirety to read as follows:
13.04.010 - 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 days after the issue date of the bill for the services provided for by this chapter.
B. "Director of finance" means the person named from time to time by the city manager to
be in charge of the financial records and accounts of the city.
C. "Electric connection" means all wires, insulators, conduits, fuse blocks, fuses, and
svMches up to and including the meter used to connect the consumer's electric wiring
to the city's electrical distribution system.
D. "Refuse collection service" means that service described in Chapter 13.16 relating to
garbage.
E. "Sanitary sewer tap" means all connections, valves, pipes, and fittings used to connect
the customer's sewer system to the city sewer mains.
F. "Service" means the supplying of water, electrical energy, the collection of solid waste
refuse, and the disposal of sewage.
G. "Sewage disposal service" means that service provided for in Chapter 13.12 relating to
sewers.
H. "Water tap" means the connection valves, pipes, and fittings used to connect the
customer's water system to the city water mains.
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.
A. 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.
B. 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.
C. Length of Deposit.
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.
2. 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. Payment. 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 days after the issue date of the bill.
B. Delinquency and Termination of Services. 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 forty-eight hours prior to discontinuance of services.
Termination of utility services shall be in accordance with Government Code Section
54346.
In no event will water service be terminated for non-payment sooner than one
hundred twenty days after the issue date of the bill or the accrual of delinquent
utility charges in excess of three thousand dollars, whichever occurs first. Forty-
eight hours prior to termination of water service, the account holder shall
receive personal notification of the city's intent to terminate service; in the event
the account holder cannot be located the property where service is provided will
be posted with a notice of termination.
C. Appeal. Prior to any discontinuance of service 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
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. A disconnection/reconnection charge as determined by city council resolution,
for each occasion that the city has to disconnect and/or reconnect service
discontinued for nonpayment of utility services; and
3. A deposit in an amount not exceeding the estimated amount of charges for two
months' service.
The director of finance or designee may waive delinquent amounts and negotiate a repayment
schedule for up to three months (within any twelve-month period) when in the opinion of the
director of finance or designee the customer can demonstrate financial hardship. No more
than two repayment schedules may be allowed in any twelve-month period.
D. Closing Bills. Closing bills are due on the date on which service is discontinued.
E. Penalties. Delinquent bills shall be assessed penalties which will be set from time to
time by city council resolution. The penalties 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.
€IF. Temporary Payment Plan Provisions. When in the opinion of the director of
finance the customer can demonstrate a financial hardshi as the result of the COVID-
19 jDandernic, or a financial hardship caused by a large delinquent utility balance with
the City of Lodi, the director of finance or designee may negotiate a repayment
schedule for delinquent amounts accrued by the customer using these special
provisions. The payment plan must be no longer than 6 months in duration, the
customer must remain current on both payment plan and current bill amounts, and the
customer must make a substantial down payment in good faith to initiate the payment
plan. No more than two repayment schedules may be allowed durin theep riod
August 3, 2022 through the close of business on June 29, 2023. The customer is
eligible for a second payment plan even if the customer is unable to pay the first plan
to zero during the original scheduled term provided the beginning balance of the new
plan is less than the original balance of the first plan. This subsection LFLshall
terminate at the close of business on June 29 2023 unless extended by action
of the city council.
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. Alternatively, an encroachment permit
may be issued for water and sewer connections to the city supply lines if the work is to be
performed by a state licensed contractor under contract with the property owner. 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 of this chapter.
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.
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.
13.04.110 - 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, refuse collection, 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. Decisions of the
city council are final.
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.
13.04.140 - Tampering with or destruction of utility systems or equipment.
Damage or destruction to city utility equipment or systems, including water meters, water
or sewer lines, electric meters, or electric lines or connections, in addition to the diversion of
water to bypass a meter or energy theft diversion, are each punishable as a misdemeanor, in
addition to any administrative fee or penalty which may be imposed under this code.
SECTION 3. No Conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
SECTION 4. No Mandatory 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 toward 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 5. 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.
SECTION 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days
after its passage, a summary of the Ordinance may be published at least five (5) days prior to
and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in
the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Approved this day of 2022
MARK CHANDLER, Mayor
Approved as to Form:
JANICE D. MAGDICH
City Attorney jdm
Attest:
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
was introduced at a regular meeting of the City Council od the City of Lodi held August 17,
2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held , 2022, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
*2
Signature:
Janis dick (Aug 9,202213:51 PDT)
Email: jmagdich@lodi.gov
OLIVIA NASHED
City Clerk
RESOLUTION NO. 2022-207
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING PAYMENT
PLANS USING THE RECOMMENDED CRITERIA OUTLINED IN THE
PROPOSED AMENDMENT ADDING SECTION 13.04.030(F), "TEMPORARY
PAYMENT PLAN PROVISIONS," TO LODI MUNICIPAL CODE CHAPTER 13.04
INTRODUCED AUGUST 17, 2022, GRANTED BY THE DIRECTOR OF
FINANCE FOR THE PERIOD AUGUST 3, 2022, THROUGH AND UNTIL THE
EFFECTIVE DATE OF THE PROPOSED ORDINANCE
WHEREAS, on August 3, 2022, the Lodi City Council, by unanimous motion, directed
staff to continue with Suspension for Nonpayment (SNP) of utility accounts; and
WHEREAS, due to a variety of factors, including 29 -months of penalty -free billing, rising
electric costs, COVID-19 pandemic, economic challenges and expectation of government
bailout, customers of Lodi utilities have accrued delinquent balances on average that are higher
than historical norms; and
WHEREAS, the City Council desires to provide additional and temporary flexibility to
customers to address these elevated account balances and introduced an amendment to Lodi
Municipal Code Section 13.04.030 adding subsection (F) entitled, "Temporary Payment Plan
Provisions," on August 17, 2022; and
WHEREAS, the first accounts eligible for SNP will be shut off beginning on August 22,
2022; and
WHEREAS, adding Section 13.040.030(F) is not eligible for emergency adoption; and
WHEREAS, to implement the direction of City Council, the Director of Finance has
begun to enter into payment arrangements with customers meeting the criteria outlined in the
proposed ordinance adding Section 13.04.030(F); and
WHEREAS, the City Council directs staff to continue offering these payment plans
between August 3, 2022 and the effective date of the proposed ordinance adding
Section 13.04.030(F) to the Lodi Municipal Code Chapter 13.04.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
repayment arrangements meeting the criteria outlined in proposed Lodi Municipal Code Section
13.04.030(F), introduced at the August 17, 2022 Council meeting, and granted to customers by
the Director of Finance between August 3, 2022 and the effective date of proposed ordinance
adding Section 13.04.030(F) to the Lodi Municipal Code Chapter 13.04.
Date: August 17, 2022
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2022-207 was passed and adopted by the Lodi City
Council in a regular meeting held August 17, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Kuehne, Nakanishi, and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Khan
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-207
4F 4
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U
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CI IR IGCT-
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUMMARY OF ORDINANCE NO. 2004
PUBLISH DATE: SATURDAY, AUGUST 20, 2022
Ig =1CT11
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: OLIVIA NASHED, CITY CLERK
LNS ACCT. #5100152 City of Lodi
P,O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, AUGUST 18, 2022
ORDERED BY: OLIVIA NASHED
CITY CLERK
PAMELA M. FARRIS
ASSISTANT CITY CLERK
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
SEND PROOF OFADVERTIS'EMENT. THANK YOU!
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\\cvcfilv0l\administration$\Administration\CLERK\Agenda\City Council\OrdSummaries\Advins.doc
CITY OF LODI
CRDINANCE NO. 2004
AN ORDINANCE OF THE LODI CITY COUNCIL REPEALING AND REENACTING LODI
MUNICIPAL CODE CHAPTER 13.04, "SERVICE GENERALLY," IN ITS ENTIRETY. The
purpose of this ordinance change is to provide repayment options for high balance delinquent
utility accounts. Introduced August '7, 2022. Adoption to be considered September 21, 2022.
AYES: Hothi, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: Khan.
Olivia Nashed, City Clerk
City of Lodi
August 17, 2022
Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk.
DECLARATION OF POSTING
ORDINANCE NO. 2004
AN ORDINANCE OF THE LODI CITY COUNCIL REPEALING
AND REENACTING LODI MUNICIPAL CODE CHAPTER 13.04,
"SERVICE GENERALLY," IN ITS ENTIRETY
On Thursday, August 18, 2022, n the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 2004 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 18, 2022, at Lodi, California.
Pamela M. Farris
Assistant City Clerk
ordsummarieAnDeePost.doe
ORDERED BY:
OLIVIA NASHED
CITY CLERK
Kaylee Clayton
Administrative Clerk
ORDINANCE NO. 2004 �
1-1
Eu o
AN ORDINANCE OF THE LODI CITY COUNCIL REPEALING
AND REENACTING LODI MUNICIPAL CODE CHAPTER 13,04,
"SERVICE GENERALLY," IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. The Lodi Municipal Code Chapter 13.04 entitled "SERVICE GENERALLY" is
hereby repealed and reenacted in its entirety to read as follows:
13.04.010 - Definitions.
For the purposes of this chapter, tl-e 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 days after the issue date of the bill for the services provided for by this chapter.
B. "Director of finance" means the person named from time to time by the city manager to
be in charge of the financial records and accounts of 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. "Refuse collection service" means that service described in Chapter 13.16 relating to
garbage.
E. "Sanitary sewer tap" means all connections, valves, pipes, and fittings used to connect
the customer's sewer system to the city sewer mains.
F. "Service" means the supplying of water, electrical energy, the collection of solid waste
refuse, and the disposal of sewage,
G. "Sewage disposal service" means that service provided for in Chapter 13.12 relating
to sewers.
H. "Water tap" means the connection valves, pipes, and fittings used to connect the
customer's water system to the city water mains.
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.
A, Services. A deposit for the =urnishing 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.
B. 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 cistomer who is unable to provide a United States issued
identification.
C. Length of Deposit.
1. Deposits for services shall remain on the account until twelve consecutive
billing periods have gassed 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.
2. 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 che:,k. 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. Payment. 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 days after the issue date of the bill,
B. Delinquency and Termination of Services. 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 forty-eight hours prior to discontinuance of services.
Termination of utility services shall be in accordance with Government Code Section
54346.
In no event will water service be terminated for non-payment sooner than one
hundred twenty days after the issue date of the bill or the accrual of delinquent
utility charges in excess of three thousand dollars, whichever occurs first. Forty-
eight hours prior to termination of water service, the account holder shall
receive personal notif cation of the city's intent to terminate service; in the event
the account holder cannot be located the property where service is provided will
be posted with a notice of termination.
C. Appeal. Prior to any discontinuance of service 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
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. A disconnection/reconnection charge as determined by city council resolution,
for each occasion that the city has to disconnect and/or reconnect service
discontinued for nonpayment of utility services; and
K
3. A deposit in an amount not exceeding the estimated amount of charges for two
months' service.
The director of finance or designee may waive delinquent amounts and negotiate a repayment
schedule for up to three months (within any twelve-month period) when in the opinion of the
director of finance or designee the customer can demonstrate financial hardship. No more
than two repayment schedules may be allowed in any twelve-month period.
D. Closing Bills. Closing bills are due on the date on which service is discontinued
E. Penalties. Delinquent bills shall be assessed penalties which will be set from time to
time by city council'resoluticn. The penalties 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.
F. Temporary Payment Plan Provisions. When in the opinion of the director of finance,
the customer can demonstrate a financial hardship as the result of the COVID-19
pandemic, or a financial hardship caused by a large delinquent utility balance with the
City of Lodi, the director of finance or designee may negotiate a repayment schedule
for delinquent amounts accraed by the customer using these special provisions. The
payment plan must be no longer than 6 months in duration, the customer must remain
current on both payment plan and current bill amounts, and the customer must make a
substantial down payment in good faith to initiate the payment plan. No more than two
repayment schedules may be allowed during the period August 3, 2022 through the
close of business on June 29, 2023. The customer is eligible for a second payment
plan even if the customer is unable to pay the first plan to zero during the original
scheduled term provided tl a beginning balance of the new plan is less than the
original balance of the first plan. This subsection (F) shall terminate at the close of
business on June 29, 2023, unless extended by action of the city council.
13.04.040 - Connections generally
No person except a duly authorizec employee of the city shall make any water, electrical, or
sewer service connection to the city supply lines. Alternatively, an encroachment permit may
be issued for water and sewer connections to the city supply lines if the work is to be
performed by a state licensed contractor under contract with the property owner. 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 Sac:ion 13.04.060 of this chapter.
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
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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,
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 recessary 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.
13.04.110 - 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, refuse collection, 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. Decisions of the
city council are final.
13.04.130 - Low income adjustments.
The rates for residential refuse ccllection 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.
13.04.140 - Tampering with or destruction of utility systems or equipment.
Damage or destruction to city utility equipment or systems, including water meters, water or
sewer lines, electric meters, or elect-ic lines or connections, in addition to the diversion of water
to bypass a meter or energy theft diversion, are each punishable as a misdemeanor, in addition
to any administrative fee or penalty which may be imposed under this code.
SECTION 3. No Conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
CI
SECTION 4. No Mandatory Duty o�. This ordinance is not intended to and shall not be
canstrued or given effect in a Mannar which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care toward persons or property within the City or outside of the
City so as to provide a basis of civil I ability for damages, except as otherwise imposed by law.
SECTION 5, 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.
SECTION 0. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days
after its passage, a summary of the Ordinance may be published at [east five (5) days prior to
and fifteen (15) days after adoption oy the City Council, and a certified copy shall be posted in
the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Approved as to Form.
JANICE D. MAGDICH
City Attorney
Attest:
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin
Approved this day of , 2022
MARK CHANDLER, Mayor
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2004
was introduced at a regular meeting of the City Council of the City of Lodi held August 17, 2022,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held , 2022, by the following vote: -M
AYES:
COUNCIL MEMBERS —
NOES:
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
e foregoing document is certmed to be a correct
copy of the original on file In the City Clerk's Office.
Pamela M. Farris
Assistant City Clerk, City of Lodi
OLIVIA NASHED
City Clerk