13.12.160 Limitations on termination of residential services.
A. Notwithstanding any other provision of this article, water service for residential premises shall not be terminated for delinquent payment in the following situations:
1. During the pendency of an investigation by the city of a dispute or complaint concerning the delinquent water service charges or applicable water service;
2. During the pendency of an appeal filed in accordance with Section 13.12.150(C);
3. When an owner has entered into an amortization agreement for payment of an unpaid balance, so long as the owner remains in compliance with the amortization agreement, and also keeps the water service account current as charges accrue in each subsequent billing period; or
4. When an owner submits to the director the certification of a licensed physician that termination of water service will be life-threatening to a resident of the premises, the owner is financially unable to pay for service within the normal payment period, and the owner is willing to enter into an amortization agreement with respect to all charges that the owner is unable to pay prior to delinquency. If these requirements are met the owner shall, upon request, be permitted to amortize the unpaid balance of any bill asserted to be beyond the owner's means to pay within the normal period for payment over a period not to exceed twelve (12) months, unless the director finds that a longer amortization period is necessary to avoid undue hardship based on the circumstances of an individual case. Water service may be terminated if the owner fails to comply with the amortization agreement or fails to keep the water service account current as charges accrue in each subsequent billing period.
B. Notwithstanding any other provision of this article, no utility service to premises used for residential purposes shall be terminated if it is demonstrated prior to utility service termination that the household income of the owner or occupant of the premises is not more than one hundred (100) percent of the applicable federal poverty guideline established and updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. Section 9902(2); provided that this subsection B does not apply if the owner or occupant fails to provide notice to the department of their household income within twenty-five (25) days after the date of the initial notice of impending termination provided by the director under Section 13.12.130. The director may adopt requirements for the documentation of household income, including a periodic income recertification if the payment of utility service charges for the premises remains delinquent.
C. Where the city furnishes metered water service used by residential tenants in a detached single-family dwelling, or furnishes water service through separate individually metered water service connections to residential tenants in a multiunit residential structure or mobilehome park, and a notice of delinquency and impending termination for water service to the premises is mailed pursuant to Section 13.12.130, the following additional requirements apply:
1. The city shall provide notice to the residential tenants as specified in subdivision (b) of Section 10009 of the California Public Utilities Code; and
2. The residential tenants shall have the right to become water service customers without being required to pay the delinquency, to the extent authorized by and in accordance with the provisions of subdivision (c) of Section 10009 of the California Public Utilities Code, upon execution of a water service agreement as required by the department. A residential tenant who becomes a water service customer pursuant to this subsection does so solely for the purpose of continuing the water service already being used by the tenant when the water service otherwise would be terminated for delinquent payment. This subsection does not authorize a tenant to become a water service customer under any other circumstances. A residential tenant who becomes a water service customer pursuant to this subsection after termination of water service shall pay all applicable fees for service reconnection.
D. Where the city furnishes water service through a single metered water service connection that supplies water used by multiple residential occupants in a multiunit residential structure or mobilehome park, and a notice of delinquency and impending termination for water service to the premises is mailed pursuant to Section 13.12.130, the following additional requirements apply:
1. The city shall provide notice to the residential occupants as specified in subdivision (a) of Section 10009.1 of the California Public Utilities Code;
2. The residential occupants shall have the right to become water service customers without being required to pay the delinquency, to the extent authorized by and in accordance with the provisions of subdivision (b) of Section 10009.1 of the California Public Utilities Code, upon execution of a water service agreement as required by the department. A residential occupant who becomes a water service customer pursuant to this subsection does so solely for the purpose of continuing the water service already being used by the occupant when the water service otherwise would be terminated for delinquent payment. This subsection does not authorize a residential occupant to become a water service customer under any other circumstances. A residential tenant who becomes a water service customer pursuant to this subsection after termination of water service shall pay all applicable fees for service reconnection; and
3. The city shall not discontinue water service if the delinquencies were incurred for services provided by another public agency, or if a public health or building officer certifies that termination of water service would result in a significant threat to the health or safety of the residential occupants or the public.
The director shall adopt rules and regulations necessary to implement this subsection D and ensure that the department has made reasonable efforts to continue water service to residential occupants in a multiunit residential structure or mobilehome park prior to any termination of the water service due to nonpayment by the owner, manager, or operator of the multiunit residential structure or mobilehome park. The rules and regulations shall include guidelines for assistance in the enforcement of Section 10009.1 of the California Public Utilities Code and requirements for the notice prescribed by subdivision (a) of Section 10009.1 of the California Public Utilities Code, including clear wording, large and boldface type, and instructions to ensure full notice to the residential occupants.
E. A residential tenant in a detached single-family dwelling, or a residential tenant or occupant in a multiunit residential structure or mobilehome park, may not become a water service customer except as authorized by subsection (C)(2) or subsection (D)(2) of this section. If a residential tenant or occupant becomes a water service customer in accordance with subsection (C)(2) or subsection (D)(2) of this section:
1. The residential tenant or occupant is liable for the rates, fees, and charges applicable to water service rendered while the tenant or occupant is the water service customer, including any penalties imposed if payment of these rates, fees, and charges is delinquent;
2. Penalties imposed under Section 13.04.890 for any violation of the city's outdoor water conservation requirements that occurs on the parcel inhabited by the tenant or occupant while the tenant or occupant is the water service customer shall be imposed on the tenant or occupant as the water service customer;
3. The owner of the parcel to which the water service is rendered remains liable for the utility service charges for all other utility services rendered to the parcel, and for all delinquent utility service charges, to the fullest extent allowed under this code and state law; and
4. The director may require the residential tenant or occupant to provide a security deposit equal to three times the estimated monthly water service bill, in accordance with Section 10009.6 of the California Public Utilities Code. The director may establish procedures and requirements governing the collection, maintenance, use, and return of security deposits.
F. If a residential tenant or occupant who becomes a water service customer in accordance with subsection (C)(2) or subsection (D)(2) of this section fails to pay any portion of the water service charges or penalties applicable to the premises inhabited by the tenant or occupant, the water service to the premises may be terminated as provided in this article, state law, or the tenant's or occupant's water service agreement. For purposes of the termination process described in Sections 13.12.130, 13.12.140, 13.12.150, and 13.12.180, the tenant or occupant shall be considered to be the "owner" of the premises.
G. When a residential tenant or occupant who becomes a water service customer in accordance with subsection (C)(2) or subsection (D)(2) of this section ceases to be a water service customer because the tenant's or occupant's water service agreement is terminated or the tenant or occupant moves from the premises to which the water service is rendered, the owner of the premises shall be liable for all utility service charges for water service rendered to the premises after the tenant or occupant ceases to be a water service customer. A tenant or occupant moving from the premises to which the water service is rendered shall not cease to be the water service customer for the premises until the tenant or occupant actually moves, or two weeks after the tenant or occupant provides notice to the department that the tenant or occupant is moving or has moved, whichever occurs last. (Ord. 2015-0011 § 19; Ord. 2011-051 § 2)
