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HomeMy WebLinkAboutOrdinances - No. 2004ORDINANCE NO. 2004 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 The Lodi Municipal Code Chapter 13.04 entitled "SERVICE GENERALLY" is hereby repealed and reenacted in its entirety to read as follows: 13.04.010 - Definitions.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 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 Le 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. 1 B. No United States Issued Identification. In of finance may require a deposit not to two months' services of a customer who identification. C. Length of Deposit. addition to a deposit for services, the director exceed the estimated amount of charges for is unable to provide a United States issued 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 va id 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 2 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. F. Temporary Payment Plan Provisions. When in the opinior 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 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 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. 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 3 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. 4 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 21St day of September, 2022 MARK CHANDLER, Mayor Approved as to Form. JA ICE D. AGDICH City A hey 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. 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 September 21, 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 A