§ 4.04.020. Water service application and turn on procedure, deposit requirements, and miscellaneous charges.

1.

Establishing Service. Any person desiring water service shall apply for service in person at the District offices or by telephone, fax or website, and pay a nonrefundable turn-on processing charge as established in subsection 13 of this section. It is recommended that the customer be present when the water service is being turned on to insure that water is not running on the property. If water is running when the turn-on is being made, the service will be turned off to avoid potential property damage. A notice that the service is in the off position, due to flow will be left at the property. The subsequent return to the property to turn-on the service will be subject all turn-on, same day turn-on and after hour turn-on fees as established in subsection 13.

The District will ask all applicants to provide their Social Security Number, Driver's License number, and provide a telephone number at the time of application to properly identify all new service applicants, prior to the establishment of water service, to ensure credit worthiness, as well as to insure proper billing and collection of the account and its charges. New businesses requesting service shall provide a taxpayer ID number. If the information provided by the customer is deemed to be incorrect, if they are not willing to provide the information, or if they do not have the pertinent required information they will be required to come into the District offices in person to establish their identification and they will be required to provide the appropriate deposit as outlined in subsection (4) up front prior to the account being activated.

2.

Responsibility of Charges and Fees. A person, who applies for and establishes a specified water service, shall be responsible for all charges and fees, which accrue on the account until the account is closed. The customer is responsible for notifying the District of the date that water service should be discontinued in their name.

(a)

Landlord/Tenant Requirements: Any person desiring water service from the District shall identify themselves as an owner (landlord) or tenant (renter).

In cases where a service connection supplies multiple tenants, the property owner or manager cannot allocate a tenant to be responsible for the account. These types of accounts including domestic, landscape, or fire services must remain in the name of the property owner or manager.

Provided that there are no unpaid water charges and as long as the service supplies only the tenant's location, water service may be requested and established on the account of either the tenant or the property owner. Tenants may be required to file an affidavit with the District, signed by the owner of the premises.

(b)

Delinquent Accounts in the Name of the Property Owner: If the water service to a commercial or residential rental property becomes delinquent due to non-payment by a property owner, landlord or manager, the District shall make every good faith effort to inform the tenant(s), by means of written notice that service will be terminated in ten (10) days. The notice will further inform the tenants/actual users that they have the right to become customers of the District without being required to pay the amount due on the delinquent account. Said opportunity and requirements for becoming a customer will be in accordance with Government Code Section 60370 et seq. and other applicable requirements.

(c)

Delinquencies on Accounts in the Name of a Commercial or Residential Tenant: In the event that a tenant of a residential or commercial rental property, where water service is furnished in the tenant's name, leaves delinquent and unpaid water charges when the tenant vacates the premises, the District will require any future service to be only in the name of the property owner and not in the name of any subsequent tenant.

3.

Deposit Requirements: The District will require a deposit at the time of the application if an applicant's credit is considered unacceptable based on the following circumstances:

(a)

The credit check developed from the critical information used to establish service deems the customer an unacceptable credit risk.

(b)

The applicant is not willing to provide the District with the critical information required to start service or if the information provided is deemed incorrect by the credit check, the customer must come into the office in person to establish service and all deposits will need to be paid up-front before the service can be activated.

(c)

The applicant has had a prior water service discontinued due to non-payment of a bill or returned payments for nonsufficient funds.

(d)

The applicant has a history of submitting nonsufficient fund payments to the District.

(e)

The applicant has a previous outstanding delinquent balance owed to the District.

The District may apply all, or part, of said deposit to eliminate any unpaid delinquent charges as described in subsection 3(e).

4.

Calculation of Deposit: All District service accounts shall be subject to deposit requirements except governmental agencies (i.e., federal, state and local) and pre-sale developer services. The deposit requirements according to customer class are as follows:

(a)

Construction: As set forth in Exhibit "A" (Chapter 4.08.070 subsection G).

(b)

Agricultural: As set forth in Exhibit "A" (Chapter 4.08.070 subsection G).

(c)

Fire Service: Deposits for fire service shall be twice the monthly standby fee as set forth in Exhibit "A" (Chapter 4.08.050).

(d)

Sewer Only Class: As set forth in the Sewer Ordinance (Chapter 5.08).

(e)

All Other Classes:

(1)

Existing Accounts: The deposit requirement for existing accounts shall be dependent on the billing history of each account and shall be calculated each month. The deposit for each account shall be the second highest bill in the billing history file for the account rounded down to the nearest multiple of five dollars ($5.00). If there is insufficient billing history data available to meet this criterion, the deposit shall be one hundred dollars ($100.00).

(2)

New Accounts: The deposit requirement for new residential accounts (single family dwellings) shall be determined by the following calculation:

Deposit = 10 × Monthly Water Charge for service location meter size

(+)

2 × Monthly Sewer Charges (if any)

(+)

2 × Average monthly water usage for that service location

(See Exhibit "A" of this Water Ordinance for the water service charges set forth, and Exhibit "A" of the Sewer Ordinance for the sewer charge).

The deposit required for all other customer classes shall be determined by analyzing each account on an individual basis. From the analysis, the average monthly water usage and sewer charges will be estimated. The deposit required for each account shall be the sum of the monthly water service charge, the estimated water usage charge, and the estimated sewer charge, if any, with the total rounded down to the nearest multiple of five dollars ($5.00).

5.

Return of Deposit: A customer's deposit will be credited to the customer's account after two years of acceptable payment history. An acceptable payment history is defined as never having service disconnected for non-payment, never having a payment returned for nonsufficient funds, or never appearing on the list for service termination. Any customer meeting these criteria shall have the deposit immediately credited to his or her account, and the customer's next bill shall indicate this action. Any customer not qualifying for return of deposit in this manner after two years shall continue to be tested each month thereafter.

Any credit balance of ten dollars ($10.00) or more on the closing bill will be mailed to the customer within thirty (30) working days if a valid forwarding address is available. Any credit balance of less than ten dollars ($10.00) will have to be claimed by the customer at the District office. Any remaining credit balance under these conditions that is not claimed within twelve (12) months after the discontinuance of service will be forfeited by the customer.

6.

Customer Review of Deposit: Upon applying for water service, any customer may request a review by Customer Service of the calculated deposit amount. If an error has been made, or the customer has valid projection of lower water usage, the Customer Service staff may adjust the deposit amount with the approval of the General Manager or his designee.

7.

Transferring Accounts: Any deposit made for water service by a person remains the property of that person unless that person gives written authorization to the District to transfer the deposit to another person assuming responsibility for the account in question. When a person moves from one service location to another within the District and has had the original deposit returned in accordance with Subsection 5, a new deposit for the new premises shall not be required if the customer meets the criteria for "an acceptable payment history," as defined in Subsection 5, at the time of the move.

8.

Returned Payment and Bankruptcy Policy: When a customer has had two nonsufficient fund payments within the preceding 12-month period or files bankruptcy, the customer shall deposit with the District an amount equal to twice the deposit amount as described in Subsection 4.

9.

Illegally Obtaining Water Service: Any person who obtains water without establishing service as outlined in Subsection 1 will be liable for the required deposit and all charges for water services rendered. The amount of water delivered may be determined by the District from the meter, or on the basis of estimated consumption for the length of time service was rendered without proper application. Upon the discovery that a water service has not been properly established, the District will discontinue water service immediately. In such an event, the District will collect a reconnection charge as set forth in Exhibit "A" (Chapter 4.08) in addition to the deposit required and water charges, before water service is resumed. In addition, the District may pursue any and all legal and equitable remedies as may be applicable.

10.

Customer Letter of Agreement: Customers that have had their service turned off for non-payment and request that their water service is turned on after normal business hours must sign a "Letter of Agreement" with the District. The "Letter of Agreement" stipulates that the customer agrees to pay all charges for reinstating service. As part of this agreement the customer must come to the District the next business day before noon to pay by cash, money order or credit card for their charges the amount due and owing for delinquent charges and charges for reconnection.

11.

Delinquent Accounts: When the District sends a delinquent notice to a customer concerning a delinquent bill, a delinquent charge will be added to the amount of the delinquent bill, which shall be paid with the delinquent bill. If it is necessary for the District to mail a notice of service disconnection to a customer with a delinquent account, a Termination Notice Charge may be added to the amount of the delinquent account, which shall be paid with the delinquent account.

12.

Extensions: A customer may request an extension on the payment of an account only after they have received their reminder notice. The District may grant an extension, in its sole discretion, and any such extension may not exceed two weeks from the shut-off date. An extension less than or equal to seven days past the shut-off date will be subject to the extension fee as described in subsection 13. An extension of eight days up t or equal to fourteen (14) days will be subject to a second extension fee as described in subsection 14. Customers are not eligible to receive any extension greater than fourteen (14) days past the shut-off date. An extension is never to be granted when two or more bills are outstanding.

13.

Other Customer Service Charges: Under the conditions indicated, customers shall be subject to the following miscellaneous charges as set forth in Exhibit "A" (Chapter 4.08). None of these charges are refundable unless an error in applying the charges has been made by the District.

Turn-on Processing Charge	The charge required to initiate any water service.
Refund Charge	The charge required for refunding overpayments for water service when the overpayment is due to an error on the part of the customer. This charge is not applicable to closing bills or closed account overpayments.
Disconnect Processing Charge	The charge required once a customer has been processed for disconnect due to being delinquent on their account.
"After Hours" Reconnection Charge	The charge required to resume water service after being turned-off during the hours of 5:30 p.m. to 7:30 a.m., Monday through Thursday, after 4:30 on Fridays and on weekends and District-observed holidays.
Extension Charge	The charge required if a customer requests and is granted an extension of time beyond the final cutoff date. The extension must not exceed a period of more than fourteen (14) days beyond the final cutoff date. A payment must be received by the end of this extension period in order for water service to continue uninterrupted.
Returned Payment Charge	The charge required if a customer's payment for water and/or sewer service is returned by the bank.
Delinquent Charge	The charge added to a customer's unpaid bill if the bill becomes delinquent.
Termination Notice Charge	The charge may be required if a notice is mailed or delivered to the customer prior to service disconnection due to an unpaid bill.
Broken or Missing Lock Charge	The charge required if a meter lock is either broken or removed by other than District personnel.
Broken Angle Meter Stop Charge	The charge required if the angle stop of the meter is either broken or damaged by other than District personnel.
Broken or Missing Meter Register Charge	The charge required if the meter register is either broken or removed by other than District personnel.
Broken AMR Equipment	The charge required if the AMR equipment is broken or damaged by other than District personnel.

 

(Ord. No. 30-H, § 2, 8-27-2013; Ord. No. 2019-4-4 , § 2, 4-23-2019)