Chapter 13.18
RATES, BILLING, PAYMENT AND CHARGES

Sections:

13.18.010    Repealed.

13.18.020    Water rates and charges.

13.18.025    Application and adjustment of water charges, rates, and connection fees.

13.18.030    Wastewater rates and charges.

13.18.040    Application of rate and fee changes.

13.18.050    Industrial waste charges.

13.18.060    Right of City to contract for water or sewer service.

13.18.070    Billing procedure.

13.18.080    Delinquency – Defined – Notice and penalty fee.

13.18.090    Delinquency – Service discontinuance.

13.18.100    Delinquency – Collection of charges.

13.18.110    Discontinuance – Terms.

13.18.120    Delinquency – Reestablishment of service following disconnection.

13.18.130    Appeals.

13.18.140    Drought surcharge rates.

13.18.010 Definitions.

Repealed by Ord. 604. (Ord. 435 §§ 7, 8, 10, 11, 12, 1988; Ord. 322 § 1, 1976).

13.18.020 Water rates and charges.

The charges, fees, and rates for the connection to and use of water services from the City are as established in this section.

A. Definitions. For the purposes of this section, the following words and phrases have the following definitions:

1. “Monthly service charge” means a fixed charge calculated by meter size. The charge is applied to each metered account regardless of the volume of water used.

2. “Billing cycles” means either monthly, approximately every 30 days, or bi-monthly, approximately every 60 days, reading of meters for water consumption and billing of accounts as set by resolution of the City Council for each type of water account.

3. “Volume charges” means a charge per service unit of metered water used.

4. “Service unit” means 100 cubic feet (hcf), or approximately 748 gallons, of water. Can also be referenced as “unit,” “hcf” or “ccf.”

5. “Water service connection fee” means a fee charged for each new connection or expanded use of an existing connection to the water system based on the annual acre foot water requirements for each type of use as prescribed in Chapter 13.16 CMC (Resource Management System) and the adopted Standardized Use Table in Chapter 13.16 CMC.

B. Monthly Service Charge and Volume Charge. The rate structure for water service consists of (1) a monthly service charge, as described below, plus (2) a volume charge, as described below.

1. Monthly Service Charge. The monthly service charge consists of a fixed charge by meter size. For water accounts with a bi-monthly billing cycle, the monthly service charge is charged for each month or approximate 30-day period.

a. The monthly service charges are hereby established for the following meter sizes:

Meter Size

March 1, 2024

January 1, 2025

January 1, 2026

January 1, 2027

January 1, 2028

5/8"

$62.82

$70.36

$77.40

$82.05

$86.98

1"

$151.07

$169.20

$186.12

$197.29

$209.13

1-1/2"

$298.16

$333.94

$367.34

$389.39

$412.76

2"

$474.66

$531.62

$584.79

$619.88

$657.08

3"

$886.50

$992.88

$1,092.17

$1,157.71

$1,227.18

4"

$1,474.84

$1,651.83

$1,817.02

$1,926.05

$2,041.62

6"

$2,945.69

$3,299.18

$3,629.10

$3,846.85

$4,077.67

8"

$4,710.71

$5,276.00

$5,803.60

$6,151.82

$6,520.93

2. Volume Charge. The following volume charges per service unit of 100 cubic feet (hcf) of metered water used are hereby established and applied to each service unit for all water accounts:

a. For single-family accounts water use will be billed every two months. Tier 1 water will be up to 12 HCF per two months. Any use greater than 12 HCF in a two-month period will be billed at the Tier 2 rate.

b. For non-single-family accounts water use will be billed every month. All non-single family accounts will be billed at the uniform rate for all water use in the monthly billing period.

Customer Class

March 1, 2024

January 1, 2025

January 1, 2026

January 1, 2027

January 1, 2028

Single-Family Residential

 

 

 

 

 

Tier 1 (0 – 12 HCF)

$13.46

$15.08

$16.59

$17.59

$18.65

Tier 2 (>12 HCF)

$16.85

$18.88

$20.77

$22.02

$23.35

All Other Classes

 

 

 

 

 

Uniform

$14.52

$16.27

$17.90

$18.98

$20.12

C. Refund of Charges.

1. Whenever the amount of any water service charge has been overpaid, or paid more than once, or has been erroneously or illegally collected or received by the city, it may be refunded as provided in this section.

2. The claimant or his or her guardian, conservator, executor or administrator must submit a written application to the city’s Finance/Administrative Services Director within six months of the alleged overpayment or erroneous or illegal collection. The application must clearly establish claimant’s right to the refund by written records.

3. Upon receipt of the claim, the city’s Finance/Administrative Services Director will evaluate the request and provide a written evaluation of his or her analysis, including any refund due, within 60 days.

4. Any customer aggrieved by the Finance/Administrative Services Director’s decision with respect to its refund request may appeal to the City Manager by filing a notice of appeal with the City Clerk within 15 days of the decision. The City Manager will render a written decision within 60 days of the filing of the appeal. The findings of the City Manager shall be final. Any amount found to be due shall be immediately due and payable upon the service of notice.

D. Mixed Use.

1. Properties served by water meters that provide water to different types of water accounts will be billed at the highest rate of water account type unless a determination on the predominant type of water use is made by the Public Works Director.

2. An applicant for a water account with mixed use may request a determination on the type of water account from the Public Works Director by submitting a water study.

3. In making a determination on the predominant type of water account for water billing purposes, the Public Works Director will take into consideration, but is not limited to, a water use study, wastewater discharge classification, land use classification or other information regarding the use of the property.

4. Policies and regulations to implement the processing of an application for determination on the predominant type of water use may be established by City Council resolution.

E. Reduced Volume Charge Rates for Low- and Very Low-Income Residents. Single-family residential, multifamily residential and mobile home park accounts with residents who qualify for a low- or very low-income status in accordance with requirements of this section are entitled to a reduction in volume charges as set forth below. These reductions are funded by general fund revenues.

1. Single-family residential, multifamily residential and mobile home park accounts with qualified residents are eligible for 20 percent reductions in water volume charges up to the equivalent of 35 service units of water per single dwelling unit in a bi-monthly billing cycle, and for 20 percent reductions in water service charges.

2. The income limitation is based on family size and household income as set by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State Department of Housing and Community Development (HCD) for Napa County.

3. For qualifying residents that reside in multifamily or mobile home park accounts that have a common meter or that reside in residential units that are submetered, the applicable reduction in rates must be passed through to the resident.

4. Policies and regulations to implement an application for reduced volume charge rates will be established by City Council resolution.

F. Water Service Connection Fee. A water service connection fee for each new connection or expanded use of an existing connection to the water system will be subject to the provisions of and charged as prescribed in Chapter 13.16 CMC (Resource Management System).

1. The following fee per acre foot of water allocation per year is hereby established and applied to each new connection or expanded use of an existing connection to the water system:

Water service connection fee per acre foot of water use per year:

$31,643

2. The water service connection fee will be applied by the annual acre-foot water requirements for each type of use in a Standardized Use Table as adopted by City Council resolution under Chapter 13.16 CMC.

3. The water service connection fee will be adjusted annually on January 1st of each year by the percent change over the latest available prior 12-month period in the McGraw-Hill Engineering New Record 20-City annual construction cost index, or equivalent index as determined by the City Council.

G. Other Fees or Charges for Services. Other fees and charges including without limitation fire service lines, meter setting fees, office and field services, fines and penalties for water services will be set by City Council resolution.

H. Adjustment of Volume Charges to Pass Through Increases in Wholesale Water Costs. The volume charges in subsections (B)(2) and (3) of this section may be adjusted on an annual basis in accordance with Government Code Section 53756 to provide for a pass through of any increase in the cost of wholesale water purchased from another agency.

I. Adjustment to Monthly Service Charge. Beginning on January 1, 2016, the monthly service charge in subsection (B)(1) of this section may be adjusted to provide for the increase, if any, in the San Francisco-Oakland-San Jose Consumer Price Index over the latest available prior 12-month period following notice and a public hearing in accordance with applicable law. (Ord. 762 §§ 4 – 7, 2023; Ord. 734 § 2, 2018; Ord. 696 § 2, 2013; Ord. 670 § 2, 2010; Ord. 604 § 3, 2004; Ord. 586 §§ 2, 3, 2002; Ord. 581 § 2, 2002).

13.18.025 Application and adjustment of water charges, rates, and connection fees.

The adjusted rates and connection fee imposed in amended CMC 13.18.020(A) and (B) as provided in this chapter will be implemented as follows:

A. The water service rates in amended CMC 13.18.020(B) for 2024 will apply to water service provided following the meter readings made after the effective date of the ordinance codified in this section.

B. The water service rates in amended CMC 13.18.020(B) for 2025 through 2028 will apply to water service provided after January 1st of each applicable year.

C. The water connection fee established in amended CMC 13.18.020(F) will be applied to new development or expanded use connections to the water system when a building permit is issued, development agreement executed or tentative map approved by the City after the effective date of the ordinance codified in this section. (Ord. 762 § 8, 2023).

13.18.030 Wastewater rates and charges.

The rates and charges for all wastewater services provided by the City are as established in this section.

A. Definitions. For the purposes of this section, the following words and phrases have the following definitions:

1. “Wastewater” means water-carried wastes from all discharge user categories discharged into the City wastewater collection system and treated at the wastewater treatment plant, whether the source of the discharge was from groundwater, City water or other sources.

2. “Groundwater” means water discharged into the wastewater system from a cold water well, geothermal well, geyser, spring or other similar source, and not from City water or stormwater.

3. “Wastewater discharger” means any person, business or entity that directly or indirectly causes wastewater to be discharged into the City’s wastewater system.

4. “Wastewater system” means facilities through which the City collects, treats and disposes of wastewater.

5. Categories of Wastewater Dischargers.

a. “Single-family residential dischargers” means those discharging wastewater in connection with the use of real property improvements of attached or detached residential dwelling units serviced by an individual water meter for each dwelling unit. When there are two separate meters, one for a SFR and another for a detached unit on the same property, they will be billed as two separate SFRs for billing purposes. A fixed single-family residential rate is applied to each dwelling unit.

b. “Multifamily residential dischargers” means those discharging wastewater in connection with the use of real property improvements of multiple attached or detached residential dwelling structures, which are served by the same water meter. A fixed multifamily rate is applied to each dwelling unit.

c. “Mobile home park dischargers” means those discharging wastewater from individual mobile home dwelling units within mobile home parks, as such terms are defined in Chapter 17.04 CMC. A fixed mobile home rate is applied to each such dwelling unit.

d. “Residential dischargers” means single-family residential dischargers, multifamily residential dischargers and mobile home park dischargers.

e. “Restaurant/bakery dischargers” means those discharging wastewater from businesses that are engaged in food preparation for commercial purposes, sell or serve food products and beverages for consumption on or off site and with or without on-site seating.

f. “Transient general dischargers” means those discharging wastewater from businesses defined as transient commercial occupancies under Chapter 17.04 CMC, including hotel, motel, inn, bed and breakfast, spa (domestic wastewater), campground, and resort, but not including spa geothermal and/or groundwater discharge.

g. “Commercial general dischargers” means all nonresidential wastewater dischargers not otherwise defined in this subsection (A).

h. “Industrial and bottling works dischargers” means those discharging wastewater from businesses that are subject to the provisions of CMC 5.04.260.

i. “Groundwater dischargers” means those discharging wastewater that originated from a geothermal or other groundwater source.

j. “Spa geothermal dischargers” or “spa groundwater dischargers” means those discharging wastewater from businesses who use geothermal or other groundwater resources in connection with the provision of facials, body wraps, pools, bath houses, steam baths, mud baths, mineral baths or the like, and who are defined as bed and breakfast, hotel, motel, inn, or resort under Chapter 17.04 CMC.

6. “Mixed use dischargers” means those users who have multiple types of discharge user categories served by the same water meter, wastewater lateral and/or billing account. Such accounts will be billed at the highest rate of discharge user category type unless a determination on the predominant type of wastewater discharge is made by the Public Works Director as set forth in subsection (F) of this section.

7. “Mixed use discharge allocation” means a determination of the volume of wastewater discharge attributable to each category of wastewater discharger which comprises the mixed use discharger, to determine the predominant type of wastewater discharge to the wastewater system.

8. “Billing cycles” means either monthly, approximately every 30 days, or bi-monthly, approximately every 60 days, reading of meters for water consumption and billing of accounts as set by City Council resolution for each type of water account.

9. “Service unit” means 100 cubic feet (hcf), or approximately 748 gallons, of water, and is also referenced as “unit,” “hcf,” or “ccf.”

10. “Per hcf of water use” shall mean the measured City water use from City water meters in 100 cubic feet (hcf).

11. “Measured flow” means wastewater discharge flows measured by a meter, sampling or other methods in gallons, 100 cubic feet (hcf) or any other appropriate measurement unit.

12. “Wastewater capacity allocation charge” means that rate applied to those who have been allocated a wastewater allocation under Chapter 13.16 CMC. At the time of the imposition of the wastewater connection fee, the appropriate wastewater discharger category will be established for discharge of wastewater to the wastewater system.

13. “Groundwater discharge rate – spa” means that rate applied to the estimated groundwater use from groundwater dischargers. This rate is in addition to the transient rate that is also applied to City water use for City water discharge into the wastewater system.

14. “Wastewater connection fee” means a fee that is required by Chapter 13.16 CMC for a person, business or entity to connect to or expand an existing connection to discharge wastewater to the wastewater system. This fee is also referred to as the “sewer development fee” or “resource management system fee” in other chapters of this code.

B. Wastewater Service Charges.

1. Service charges for all wastewater dischargers are established in the following amounts:

User Category

Basis

March 1, 2024

January 1, 2025

January 1, 2026

January 1, 2027

January 1, 2028

Residential Rates ($/Month/Dwelling Unit)

Single-Family Residential

Flat monthly per meter

$106.24

$132.80

$136.79

$140.90

$145.13

Multifamily Residential

Flat monthly per unit

$79.98

$99.98

$102.98

$106.07

$109.26

Mobile Home

Flat monthly per unit

$79.98

$99.98

$102.98

$106.07

$109.26

Transient Rates ($/HCF)

Transient General

Per hcf water use

$20.64

$25.80

$26.58

$27.38

$28.21

Spa (Domestic Wastewater)

Per hcf water use

$20.64

$25.80

$26.58

$27.38

$28.21

Campground

Per hcf water use

$20.64

$25.80

$26.58

$27.38

$28.21

Bed and Breakfast

Per hcf water use

$20.64

$25.80

$26.58

$27.38

$28.21

Other Nonresidential Rates ($/HCF)

Commercial General

Per hcf water use

$19.48

$24.35

$25.09

$25.85

$26.63

Restaurant/Bakery

Per hcf water use

$26.21

$32.77

$33.76

$34.78

$35.83

Laundry

Per hcf water use

$16.57

$20.72

$21.35

$22.00

$22.66

Public Building

Per hcf water use

$7.93

$9.92

$10.22

$10.53

$10.85

Commercial Social (Schools and Churches)

Per hcf water use

$19.48

$24.35

$25.09

$25.85

$26.63

Medical Care

Per hcf water use

$19.48

$24.35

$25.09

$25.85

$26.63

Industrial and Bottling Works (per Million Gallons, mg)

Measured Flow Rate

Per mg of measured flow

$27,270.49

$34,088.12

$35,110.77

$36,164.10

$37,249.03

Calculated BOD Rate

Per pound

$1.47

$1.84

$1.90

$1.96

$2.02

Calculated SS Rate

Per pound

$1.37

$1.72

$1.78

$1.84

$1.90

Groundwater Discharge Rates ($/HCF)

Spa – Geothermal Discharge

Per hcf of groundwater

$20.40

$25.50

$26.27

$27.06

$27.88

Other Rates

Minimum Rate for All Nonresidential User Categories

Flat monthly

$79.98

$99.98

$102.98

$106.07

$109.26

C. Wastewater Connection Fee.

1. A wastewater connection fee for each new connection or expanded use of an existing connection to the wastewater system is established as follows and is subject to the provisions of Chapter 13.16 CMC, Resource Management System, and any other applicable provisions of this code:

Wastewater Connection Fee Per Annual Acre Foot of Wastewater Allocation – $92,384

2. The wastewater connection fee will be adjusted annually on January 1st of each year by the percent change over the latest available previous 12-month period in the McGraw-Hill Engineering News Record 20-City annual construction cost index, or equivalent index as determined by City Council resolution.

D. Billing of Wastewater Rates. The billing for wastewater rates will be consolidated with the water billing system as provided for in this chapter.

E. Repealed by Ord. 763.

F. Mixed Use Dischargers.

1. Mixed use dischargers will be billed at the highest rate of wastewater discharger classification applicable to the subject wastewater discharger unless a mixed use discharge allocation determination is made by the Director of Public Works.

2. A mixed use discharger may request the Director of Public Works to make a determination of the predominant type of wastewater discharged by the wastewater discharger. If a mixed use discharger requests such a determination, the mixed use discharger must pay for and provide a wastewater study to the Director of Public Works.

3. In making a determination on the predominant type of wastewater discharge for billing purposes, the Public Works Director may take into consideration, but is not limited to, a wastewater study, a water use study, land use classification, or other information regarding the nature of the wastewater discharge. The Director of Public Works will notify the mixed use discharger in writing of his or her determination. The mixed use discharger may appeal the determination pursuant to Chapter 13.10 CMC.

4. Additional policies and regulations to implement the processing of an application for a mixed use volume discharge allocation may be established by City Council resolution.

G. Other Fees or Charges for Services. Other fees and charges for services which are necessary for the operation of the wastewater system will be set by City Council resolution. (Ord. 763 §§ 4 – 6, 2023; Ord. 735 § 2, 2018; Ord. 697 § 2, 2013; Ord. 671 § 2, 2010; Ord. 604 § 4, 2004).

13.18.040 Application of rate and fee changes.

The adjusted rates and connection fee imposed in amended CMC 13.18.030(B) and (C) as provided in this chapter will be implemented as follows:

A. The wastewater service rates in amended CMC 13.18.030(B) for 2024 will be applicable to all accounts on or after the first billing after the effective date of the ordinance codified in this section.

B. The wastewater service rates in amended CMC 13.18.030(B) for 2025 through 2028 will apply to wastewater service provided after January 1st of each applicable year.

C. The wastewater connection fee established in amended CMC 13.18.030(C) will be applied to new development or expanded use connections to the wastewater system when a building permit is issued, development agreement executed, or tentative map approved by the City after the effective date of the ordinance codified in this section. (Ord. 763 § 7, 2023).

13.18.050 Industrial waste charges.

Industrial waste charges shall be determined by the following formula:

A. Annual Operating Charges.

Total charge/period = A(V) + B(BOD) + C(SS)

A, B, C

=

Unit charge rates as established in CMC 13.18.030(B)(1)

V

=

Volume of water in million gallons per period

BOD

=

Biochemical oxygen demand in pounds per period

SS

=

Total suspended solids in pounds per period

A

=

Allocated cost for each million gallons of flow

B

=

Allocated cost per pound of biochemical oxygen demand

C

=

Allocated costs per pound of total suspended solids

B. The parameters of V, BOD and SS are to be measured at entry point to the wastewater system or at such point as determined by the Director of Public Works. The Director of Public Works shall set the method and minimum requirements for sampling, analysis and flow measurement for discharge necessary to establish quantities to be used in the above formula for the period.

C. In addition to the industrial waste rates in CMC 13.18.030(B)(1), the fees for inspection, monitoring and processing for the sampling services required in this section shall be set by resolution of the City Council. (Ord. 604 § 6, 2004; Ord. 435 §§ 14, 15, 1988; Ord. 322 § 1, 1976).

13.18.060 Right of City to contract for water or sewer service.

Under special circumstances, the Council reserves the right and power to contract separately with any person for the sale and delivery of water or sewer service within or outside the corporate limits of the City at wholesale rates to be fixed and agreed upon by resolution of the Council.

13.18.070 Billing procedure.

A. All charges for water and wastewater services shall be billed monthly, bi-monthly or in such other manner as shall be determined by resolution of the Council.

B. All bills for such service shall be due upon presentation and shall be payable at the office of the Director of Finance. (Ord. 604 § 7, 2004; Ord. 437 § 1, 1988; Ord. 281 § 1, 1971).

13.18.080 Delinquency – Defined – Notice and penalty fee.

A. All charges that are not paid on or before the close of business on the twenty-fifth day of each month, for the preceding month’s charges, shall become delinquent on that date. Any balance on a bill of $10.00 or less shall be carried over and added to the next billing period without being assessed any late fees.

B. Thereupon, for accounts with a balance due exceeding $10.00, the Director of Finance shall mail a notice of delinquency to the consumer, noticing the fact that the account is delinquent and that an interest charge in the amount of five percent of the amount thereof is due and payable. The due date and the amount of the late fee will be displayed prominently on the bill.

C. Any payments made shall be first applied to any outstanding penalties, then wastewater charges and last to water charges.

D. All written notices required under this chapter shall be provided in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by 10 percent or more of the customers in the water service area.

E. Payment Deadline. In order to avoid disconnection, all delinquent water service charges and associated fees must be received by the Finance Department by 4:30 p.m. on the day specified in the written disconnection notice, or the customer must have contacted the Finance Department and entered into a deferred or alternative payment arrangement. (Ord. 762 § 9, 2023).

13.18.090 Delinquency – Service discontinuance.

A. Disconnection Notices.

1. First Written Disconnection Notice. In the event that the charges and penalties provided for in CMC 13.18.020 and 13.18.030 are not paid in full within 10 days after the mailing of the notice of delinquency provided for in CMC 13.18.080, the Director of Finance or designee shall mail to the consumer a first notice of disconnection, notifying the consumer that the water service shall be discontinued.

a. The Finance Department shall give the customer a first notice of disconnection approximately 30 days in advance, but in no event less than seven business days before termination of service for nonpayment.

b. The first disconnection notice will be provided in writing and mailed to the mailing address designated on the account.

c. The first written disconnection notice will include:

i. Customer’s name and address;

ii. Amount that is past due;

iii. Date by which payment or payment arrangements are required to avoid termination of service;

iv. Description of the process to apply for an amortization plan;

v. Description of the process to dispute or appeal a bill; and

vi. Finance Department phone number and a web link to the Finance Department’s written collection policy.

d. If the mailing address and the address of the property to which water service is provided are different, a second notice will be mailed to the service address and addressed to “Occupant.”

2. Final Disconnection Notice. Twenty-four hours prior to disconnection, a final disconnection notice may be provided in the form of a door hanger delivered to the premises. The final disconnection notice is meant entirely as a courtesy and the failure of the Finance Department to deliver the notice or failure by the customer to receive the notice shall not constitute an acceptable reason for nonpayment or delay of disconnection.

3. Notice to Residential Tenants/Occupants in an Individually Metered Detached Single-Family Residence.

a. The Finance Department in conjunction with Public Works will make a reasonable, good faith effort to inform the occupants, by means of written notice, when the water service account is in arrears and subject to disconnection at least 10 days before water service is shut off. The written notice will advise the tenant/occupant that they have the right to become a customer of the City without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charges for water service at that address.

b. For the amount due on the delinquent account to be waived, the tenant/occupant must provide verification of tenancy in the form of a rental agreement or proof of rent payments.

4. Notice to Tenants/Occupants in a Multi-Unit Complex Served Through a Master Meter.

a. The Finance Department in conjunction with Public Works will make a reasonable, good faith effort to inform the occupants, by means of written notice hung on the door of each residence, when the water service account is in arrears and subject to disconnection at least 10 days before water service is shut off. The written notice will advise the tenant/occupant that they have the right to become a customer of the City without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charge for water service at the addresses served by the master meter. If one or more of the occupants are willing and able to assume responsibility for the subsequent charges for water service to the satisfaction of the Finance Department, or if there is a physical means, legally available to the Finance Department, of selectively terminating service to those occupants who have not met the requirements for service, the Finance Department will make service available to the occupants who have met those requirements.

b. If the written first disconnection notice is returned through the mail as undeliverable, the Finance Department will make a reasonable, good faith effort to visit the residence and leave a notice of discontinuance for nonpayment.

c. If a customer enters into a deferred payment or alternative payment arrangement, the Finance Department or Public Works Department shall not disconnect service until the person fails to comply with the terms of the payment arrangement.

d. In addition to the notice set forth above, the Finance Department will make a reasonable, good faith final effort to notify the customer 48 hours in advance of disconnection of water service for nonpayment. The means of notification will be by phone or in written notification. The 48-hour courtesy call/written notice is meant entirely as a courtesy and the failure of the Finance Department to send the notice or failure by the customer to receive the notice shall not constitute an acceptable reason for nonpayment or delay of disconnection.

B. Water service shall not be discontinued unless the required notices provided for in subsection (A) of this section are mailed by the Director of Finance, or designee.

C. A fee for such notices provided for in subsection (A) of this section may be assessed by City Council resolution.

D. The Finance Department shall not discontinue water service for nonpayment until payment by the customer has been delinquent for at least 60 days.

E. In the event that a consumer receives water service at more than one location or which is provided through more than one water meter, then the City shall be entitled to discontinue all water service to such consumer in the event that any water or wastewater account becomes delinquent as provided in CMC 13.18.080; provided, however, that domestic water service to the household of a consumer shall not be discontinued by reason of a delinquency in any other class of water service.

F. In the event that water service is discontinued in accordance with the provisions of this section, the water consumer shall be required to make application to the Director of Finance or designee for the reconnection of said water service. Said application shall be accompanied by the payment of an amount equal to all sums which are due and delinquent from the consumer to the City, the penalty thereon, and reconnection fees set by City Council resolution as may be applicable.

G. In the event that water service is discontinued, the water service shall not be restored until all charges and penalties, which are due and/or delinquent, are paid, together with the charges for reconnection provided for in subsection (F) of this section.

H. Disconnection for Failure to Comply With Payment Plan.

1. Failure to comply with the terms of any payment plan for delinquencies offered by the Finance Department for 60 days or more or failure to pay current residential service charges for 60 days or more will result in the issuance of a final disconnection notice. The Finance Department will provide a notice of delinquency under CMC 13.18.080 if delinquencies occur for any customers under a payment plan. Additionally, a final disconnection notice will be provided in the form of a door hanger delivered to the premises no less than five business days in advance of discontinuance of service.

2. The Finance Department will also make a reasonable, good faith final effort to notify the customer 48 hours in advance of disconnection of water service for nonpayment. The means of notification will be by phone or in written notification. The 48-hour courtesy call/written notice is meant entirely as a courtesy and the failure of the Finance Department to send the notice or failure by the customer to receive the notice shall not constitute an acceptable reason for nonpayment or delay of disconnection. (Ord. 762 § 10, 2023).

13.18.100 Delinquency – Collection of charges.

A. Waiver of Late Fees.

1. Upon a customer’s request, the City has the discretion to waive an assessed late fee if the customer demonstrates an unusual circumstance or hardship to the City Manager and Administrative Services Director. The City Manager and Administrative Services Director may consider additional forgiveness of late payment penalties under the following circumstances:

a. Reliance on Erroneous Written Document or Advice. The City will forgive penalties and interest charges due on a transaction if an erroneous document or written advice from the City caused confusion regarding the transaction, resulting in a late payment penalty.

b. Reasonable Cause. The City may forgive late payment penalties if it is found that one’s failure to pay was due to reasonable cause and circumstances beyond their control and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect.

c. Demonstrated Extraordinary Circumstance. It is common for extraordinary circumstances to occur which reduce one’s ability to pay on time. For example, loss of internet connection disallows an electronic funds transfer (EFT) to make a scheduled payment, or an unexpected personal emergency occurs and the person normally responsible for finance/accounting is unable to process payment to the City.

2. Additionally, the Finance Department shall waive all accrued late fees once every 12 months upon request for any residential customer who demonstrates that they have a household income below 200 percent of the federal poverty line. A customer shall be entitled to this waiver if they can show that any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer provides a declaration that the household’s annual income is less than 200 percent of the federal poverty level.

3. The waiver may be obtained by getting in contact with the City via email at utilitybilling@ci.calistoga.ca.us, or via phone at (707) 942-2754, or by coming in person to the Finance Department at 1232 Washington Street in Calistoga.

B. Deferred Payments, Reduced Payments, and Alternative Payment Plans.

1. Any customer who either (a) anticipates that they may be unable to pay for water service within the normal payment period, or (b) has already received a delinquency notice, may request a deferred or alternative payment arrangement to avoid getting late fees or disruption of service. An alternative payment arrangement may be obtained by getting in contact with the City via email at utilitybilling@ci.calistoga.ca.us, or via phone at (707) 942-2754, or by coming in person to the Finance Department at 1232 Washington Street in Calistoga.

2. The City shall not discontinue water service for nonpayment if a customer has requested and entered a deferred payment or alternative payment plan. A minimum payment of 20 percent of the customer’s outstanding balance will be due at the time of signing a payment plan, unless the customer demonstrates that such amount will result in an unusual hardship. A payment plan will amortize the remaining unpaid balance over a period not to exceed 12 months from the original date of the bill, although the Finance Department may grant a longer period in order to avoid unusual hardship on a case-by-case basis.

3. Any payments due under a payment plan will be combined with, and subject to, the due date of the customer’s regular bill. The customer must comply with the terms of the payment plan and remain current as charges accrue in each subsequent billing period. The customer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to an amortization plan.

4. Any customer who either (a) anticipates that they may be unable to pay for water service within the normal payment period, or (b) has already received a delinquency notice, may request a deferred payment schedule by getting in contact with the City via email at utilitybilling@ci.calistoga.ca.us, or via phone at (707) 942-2754, or by coming in person to the Finance Department at 1232 Washington Street in Calistoga.

C. In addition to any other remedy provided in this chapter for the enforcement and collection of any water and sewer rates, charges, penalties, service or accounts in connection with such water system, all such rates, charges, penalties, service and accounts shall become a lien upon the property and land to which water is furnished or supplied, and shall have the force and effect of a tax lien and shall be enforced as follows: the Director of Finance shall note and place upon the tax rolls of the City the amount of any rates, charges, service or accounts with all penalties attached or accrued to date for service rendered on any particular piece of property and against such property and it shall be the duty of the tax collector thereafter to collect the same in the same manner and at the same time as City taxes are collected, and if not so paid, the same penalties shall be added as are now or may hereafter be added to delinquent taxes; if the amount due for such rates, charges, service, accounts and penalties are not paid, the property upon which it is a lien shall be sold and be subject to redemption in the same manner as property is now or may hereafter be sold for delinquent taxes. (Ord. 762 § 11, 2023).

13.18.110 Discontinuance – Terms.

A. The owner or occupant of premises to which water or sewer service is furnished may order the discontinuance of such service by notice in writing, delivered to the Director of Finance or designee which notice shall specify the date on which such service shall be discontinued. Any reconnection shall be subject to all fees and conditions as would be applicable to a new connection.

B. The owner or occupant of any premises to which water service is furnished may request a temporary discontinuance of service upon such terms and conditions as may be specified by resolution of the Council. (Ord. 305 § 1, 1973; Ord. 281 § 1, 1971).

13.18.120 Delinquency – Reestablishment of service following disconnection.

A. Information. After residential service has been discontinued for nonpayment, the Finance Department will provide the customer with information on how to restore residential service via a phone call. The meter will be locked in the off position if payment is not received within seven days of initial disconnection.

B. Reestablishment of Service. A customer seeking to restore residential service will be charged a fee as set forth below to reestablish service in the billing system regardless of whether the meter has been physically turned off or locked off.

1. Reestablishment of Service During Regular Business Hours.

a. In order to resume or continue service that has been disconnected for nonpayment during regular business hours from 8:00 a.m. to 4:30 p.m., a fee of $50.00 applies. The Finance Department will adjust this fee annually for changes in the Consumer Price Index beginning January 1, 2021.

b. The Finance Department will endeavor to have Public Works reconnect the service as soon as possible, but at a minimum, will restore service before the end of the next regular working day following payment of any past due amount and delinquent fees attributable to the termination of service.

2. Reestablishment of Service After Business Hours.

a. Service restored after 4:30 p.m. Monday through Friday, weekends, or holidays will be charged an after-hours reestablishment fee of $150.00. The Finance Department shall adjust this fee annually for changes in the Consumer Price Index beginning January 1, 2021. Service will not be restored after regular business hours unless the customer has been informed of the after-hours reestablishment fee and has signed an agreement or verbally acknowledges the fee and agrees to contact the City’s billing department no later than noon the following business day to pay the subject fee.

b. Public Works Department staff responding to service calls are not permitted to collect payment but will instruct the customer to contact the Finance Department before noon the following business day. Customers can call the Police Department after 4:30 p.m. Monday through Friday, weekends, or holidays at (707) 942-2810 to reestablish service. Procedures and fees remain the same as noted above.

C. Meter Tampering – Fees, Shutoff, and Damage. When directed by the Finance Department, the Public Works Department will disconnect water service by turning off, and in some cases locking off, the meter. Water service that is turned on by any person other than Public Works Department personnel or without Public Works Department authorization may be subject to fines of $150.00 per incident for meter tampering and shall be subject to having their water service immediately shut off without further compliance with any notice requirements under this policy. Additionally, if any damage to water meters, water lines, or other utility property occurs, the customer causing such meter damage shall be liable for all costs of repair, which may include any costs billed to the City by a contractor and the City’s actual costs related to overseeing the contractor, or the current hourly billing rate for staff and equipment if work is performed by City staff.

D. Notification of Disposition of Returned Checks.

1. Upon receipt of a returned check taken as payment of water service or other charges, including for costs of reconnection, the Finance Department will consider the account unpaid and it shall remain subject to immediate disconnection. The Finance Department will make a reasonable, good faith effort to provide a last 48-hour courtesy notice of termination of service due to any returned check. Water service will be disconnected if the amount of the returned check and the returned check charge are not paid on or before the date specified in such notice. The means of notification will be by phone.

2. All amounts paid to redeem a returned check and to pay the returned check charge must be in cash, credit card or certified funds.

3. Any customer issuing a nonnegotiable check as payment to restore service turned off for nonpayment will be required to pay cash, credit card or certified funds to restore future service disconnections for a period of 12 months from the date of the returned payment. (Ord. 762 § 12, 2023).

13.18.130 Appeals.

A customer disputing a bill must follow the procedure set forth in Chapter 13.10 CMC pertaining to appeals. If a customer disputes the water bill and exercises their right to appeal, the Finance Department will not disconnect water service for non-payment while the appeal is pending. (Ord. 762 § 13, 2023).

13.18.140 Drought surcharge rates.

The drought surcharge rates structure consists of a monthly service charge, as described below:

A. Monthly Drought Surcharge. The monthly drought surcharge consists of a fixed charge by meter size for all accounts. For water accounts with a bi-monthly billing cycle, the monthly service charge is charged for each month or approximate 30-day period.

1. Monthly drought surcharges vary by declared shortage stage as defined in Article VII of Chapter 13.04 CMC. The monthly drought surcharges are hereby established for the following meter sizes:

 

Meter Size

Year and Stage

5/8"

1"

1-1/2"

2"

3"

4"

6"

8"

2024

 

 

 

 

 

 

 

 

Stage 1

$6.13

$15.31

$30.61

$48.97

$91.82

$153.03

$306.05

$489.68

Stage 2

$18.17

$45.41

$90.82

$145.31

$272.46

$454.09

$908.18

$1,453.08

Stage 3

$29.48

$73.70

$147.40

$235.84

$442.20

$737.00

$1,473.99

$2,358.38

2025

 

 

 

 

 

 

 

 

Stage 1

$6.87

$17.15

$34.28

$54.85

$102.84

$171.39

$342.78

$548.44

Stage 2

$20.35

$50.86

$101.72

$162.75

$305.16

$508.58

$1,017.16

$1,627.45

Stage 3

$33.02

$82.54

$165.09

$264.14

$495.26

$825.44

$1,650.87

$2,641.39

2026

 

 

 

 

 

 

 

 

Stage 1

$7.55

$18.86

$37.71

$60.33

$113.12

$188.53

$377.05

$603.29

Stage 2

$22.39

$55.95

$111.89

$179.02

$335.67

$559.44

$1,118.88

$1,790.19

Stage 3

$36.32

$90.80

$181.60

$290.55

$544.79

$907.88

$1,815.96

$2,905.52

2027

 

 

 

 

 

 

 

 

Stage 1

$8.01

$19.99

$39.97

$63.95

$119.91

$199.84

$399.68

$639.48

Stage 2

$23.73

$59.30

$118.60

$189.76

$355.81

$593.01

$1,186.01

$1,897.61

Stage 3

$38.50

$96.25

$192.49

$307.99

$577.48

$962.46

$1,924.91

$3,079.86

2028

 

 

 

 

 

 

 

 

Stage 1

$8.49

$21.19

$42.37

$67.79

$127.10

$211.84

$423.66

$677.85

Stage 2

$25.15

$62.86

$125.72

$201.15

$377.16

$628.59

$1,257.17

$2,011.46

Stage 3

$40.81

$102.02

$204.04

$326.47

$612.13

$1,020.21

$2,040.41

$3,264.65

2. Drought surcharge rates will only be effective:

a. During a declared water shortage or water emergency as defined in Article VII of Chapter 13.04 CMC; and

b. If a motion is adopted by City Council to implement the drought surcharge rates while in a declared water shortage or water emergency. (Ord. 762 § 14, 2023).