Chapter 13.43
BILLING AND PAYMENT OF SEWER SERVICE CHARGES
Sections:
13.43.010 Billing and payment – Owners’ liability for collection.
13.43.020 Billing and payment – Charging occupant.
13.43.030 Charge levied – Collection.
13.43.060 Charges considered a lien.
13.43.080 Recordation of lien.
13.43.110 Violation of title other than nonpayment – Enforcement measures.
13.43.120 Nonpayment of fees – Enforcement measures.
13.43.130 Discontinuance and restoration.
13.43.140 Service charges for resumption of service.
13.43.010 Billing and payment – Owners’ liability for collection.
The council finds that the public health and welfare of the people of the city is benefitted by a sanitary sewerage system. All owners are liable for the fees prescribed by this chapter regardless of whether the owners use the service herein provided. (Ord. 462 § 2(part), 1988).
13.43.020 Billing and payment – Charging occupant.
In the case of premises that are occupied by someone other than the owner, such fees may be charged to the occupant of such premises. If the occupant fails to pay such fees, the owner shall be liable to the city for such fee. (Ord. 462 § 2(part), 1988).
13.43.030 Charge levied – Collection.
A sewer service charge payable in the amount imposed within Chapters 13.34 through 13.45 is hereby levied and assessed upon each lot, parcel of land, building or premises connected to the city sewerage system.
The charges so levied shall be collected by and under the direction of the city manager or his designee and shall be collected with the charges for water services rendered by or for the city and all charges shall be separately stated and billed upon the same bill and collected as one item. (Ord. 462 § 2(part), 1988).
13.43.040 Vacant premises.
Upon affidavit by the owner of a premises that is vacant, service may be stopped and sewer service charges may be suspended. (Ord. 462 § 2(part), 1988).
13.43.050 Delinquencies.
A. Bills are due and payable upon presentation. Payment for bills or any special fees may be made by mail, online, at City Hall or over the phone.
B. Bills that remain unpaid after thirty days are assessed a late fee, as adopted by council, if the customer has not requested and been granted an extension plan or payment arrangement.
C. The city will attempt to contact the occupant of the service location and provide notice of delinquency as outlined within the city adopted discontinuation of residential water service for nonpayment policy. (Ord. 891 § 2(part), 2020: Ord. 462 § 2(part), 1988).
13.43.060 Charges considered a lien.
Charges for sewer service and all penalties thereon when confirmed by the city council as provided in this chapter shall constitute a lien upon the real property served and such lien shall continue until the charge and all penalties are fully paid or the property is sold therefor. The lien shall be prior to all other liens recorded after the lien for sewer service charges is recorded as provided herein.
In addition, the city council may authorize the city clerk to place the lien on the tax roll of the property served. (Ord. 462 § 2(part), 1988).
13.43.070 Notice and hearing.
By the adoption of a resolution, the city council may declare that delinquent charges and penalties (as provided in Chapters 13.34 through 13.45) when recorded shall constitute a lien upon the real property served after notice and hearing as provided herein:
A. On or before the fifteenth day of July of each year, the city council shall hold a hearing to determine the amount of the delinquent charges and penalties for sewer service. Notice of hearing shall be given by the city clerk and shall contain a copy of the proposed resolution. Said notice shall state the time and place for a hearing on said proposed resolution and that at said time and place any person interested may appear and be heard as to the charges and penalties.
B. The notice shall be published at least once each week for two weeks prior to the hearing in a newspaper published in the city. The first publication shall be at least fifteen days prior to the date of the hearing.
C. At the time and place fixed in said notice of hearing, the city council shall hold said hearing. At the hearing, any person interested may appeal and be heard on the matters set forth in the notice. At the hearing, the city council may change or modify the charges and penalties; provided, however, that no charge or penalty shall be increased from that set forth in the proposed resolution unless notice of intention to make said increase shall be published at least once or posted at least ten days prior to the hearing on the proposed charge.
D. At the conclusion of the hearing, the city council may determine that the charges and penalties are not discriminatory or excessive, comply with the law, and adopt said resolution as proposed or modified.
E. One of the modifications of the resolution may be the finding and determination by the city council that the amount of the charge and penalty shall be placed on the tax roll. If such finding and determination is made by the city council, the city clerk shall forward the amount fixed by the city council to the Sonoma County tax collector for placement on the tax roll next succeeding the hearing. (Ord. 462 § 2(part), 1988).
13.43.080 Recordation of lien.
The lien provided for in this chapter shall attach and be entitled to priority as of the time the city clerk records the list of delinquent unpaid charges and penalties with the county recorder. Each recorded lien shall state the amount of each charge and the penalty, a description of the real property upon which the same is a lien, and the name of the city of Cotati to which the same is payable. A list of all such delinquent charges shall be recorded annually, but no delay or informality in recording the same shall invalidate the lien or any unpaid charge or any subsequent act or proceeding. (Ord. 462 § 2(part), 1988).
13.43.090 Separate remedy.
As a separate, distinct, and cumulative remedy established for the collection of said charges and penalties thereon, an action may be brought in the name of the city in any court of competent jurisdiction to enforce the lien of the charge and all penalties thereon against the user. In such action, a reasonable attorney’s fee may be awarded the plaintiff. (Ord. 462 § 2(part), 1988).
13.43.100 Additional remedy.
The city may terminate sewer and water services to the property for which charges for sewer services are delinquent in accordance with Sections 13.43.110 to 13.43.130, and may refuse to restore such services until all such charges, together with service charges for resumption of such services are fully paid. Water and sewer services may be terminated to the property regardless of the identity of the owner or occupant of the property, or user of the service. (Ord. 462 § 2(part), 1988).
13.43.110 Violation of title other than nonpayment – Enforcement measures.
A. The city manager is charged with enforcement of all provisions of this title, except that the collector is charged with the billing for and collection of sewer and water service fees and all basic and monthly penalties provided in this chapter.
B. In the event of a violation of any terms of this title or any rule or regulation established pursuant to this title other than a failure to pay a fee, toll, charge, rate or rental due and payable to the city for water and/or sewer services, the city manager shall notify in writing the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which, upon the failure of such person to prevent or rectify the violation, the city manager will exercise his/her authority to disconnect the premises from the city’s water and/or sewer system; provided, that such time shall not be less than seven calendar days after the deposit of the notice in the United States Post Office at Cotati, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the city manager may enter upon the premises without notice and do such thing and expend such sums as may be necessary to abate the hazard or menace, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation and upon the property upon which the violation occurred.
C. The seven-day notice required under subsection B of this section shall provide the following information:
1. The name of the violator;
2. The name of the property owner;
3. The date(s) of the violation;
4. A description of the violation;
5. The acts required to remedy the violation and the date by when such action must be completed;
6. A description of the consequences to occur in the event the violation is not timely remedied;
7. The name and telephone number of the city manager;
8. A statement that the violator has five days to request an investigation of the matter and a conference with the city manager, that failure to make such a request may lead to the termination of the violator’s utilities on or after the seven-day period passes, and that services will not be terminated during the investigation nor on any weekend day or holiday. (Ord. 462 § 2(part), 1988).
13.43.120 Nonpayment of fees – Enforcement measures.
If any person billed for any sewer service or water service fee or other fee imposed under this title fails to pay such bill by the delinquency date thereof, any one or more of the actions authorized by this subsection may, or where required must, be taken by the city or the city manager to enforce such payment:
A. In each case where all or part of any bill for water services and fees remains unpaid on the delinquent date thereof, a penalty fee shall be added per billing period in an amount fixed, from time to time, by resolution of the city council.
B. In each case where all or part of any utility bill remains unpaid upon the delinquency date thereof, the city manager is empowered to disconnect the premises from the city’s water and/or sewer system and all other utility services furnished by the city as long as the following steps are first taken:
1. A written notice is delivered or mailed, first class mail, to the person responsible for paying the unpaid bill seven business days before services are to be terminated. The notice must contain the following information:
a. The customer’s name and address.
b. The amount of the delinquency.
c. The date by which payment or arrangement for payment is required in order to avoid discontinuation of residential service.
d. A description of the process to apply for an extension of time to pay the delinquent charges.
e. A description of the procedure to petition for bill review and appeal.
f. A description of the procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent residential service charges.
C. When the city is unable to make contact with the customer or an adult occupying the residence by telephone, and written notice is returned through the mail as undeliverable, the city shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place, a notice of imminent discontinuation of residential service for nonpayment.
D. The powers authorized by this section shall be alternative to all other powers of the city and may be exercised separately from or in conjunction with those other powers. (Ord. 891 § 2(part), 2020: Ord. 462 § 2(part), 1988).
13.43.130 Discontinuance and restoration.
A. Except as provided in subsection B of Section 13.43.110, the city shall not terminate its utility services on account of nonpayment of a delinquent account or other violation of this title unless the city first gives notice of such delinquency and/or violation and impending termination, at least seven calendar days prior to the proposed termination, by first class mail addressed to the customer to whom the service is billed.
B. The city shall not effect termination of service for nonpayment or other violation of this title during the pendency of an investigation by the city of a customer dispute or complaint; provided, however, upon conclusion of the investigation, the city may terminate any or all of its services if no amortization agreement has been entered into by the customer or the violation has not been remedied and as long as notice of the termination is mailed to the customer seven calendar days before termination.
C. Any customer who has initiated a complaint or requested an investigation within five days of the date of the notice required under subsection A of this section, shall be given an opportunity for review of such complaint or investigation by the city manager. The review shall include consideration of whether the customer should be permitted to amortize the unpaid balance of his/her account over a reasonable period of time. No termination shall be effected for any customer complying with any such amortization agreement, provided the customer also keeps current his/her account for utility service as charges accrue in each subsequent billing period.
D. If a customer fails to comply with an amortization agreement, the city shall not terminate service without giving notice to the customer, in accordance with the provisions of subsection A of this section, of the conditions the customer must meet to avoid termination, but such notice shall not entitle the customer to further investigation by the city.
E. Termination of water, sewer or other utility service furnished by the city shall not be effected on the weekends or on a holiday.
F. A customer’s water and/or sewer service may be discontinued if charges for service furnished at a previous location to said customer are not paid within ten days after presentation of a bill for said charges and the procedures required under Section 13.43.120 and this section are completed.
G. If a customer receives water and/or sewer service at more than one location and the bill or charges for service at any one location become delinquent, water and/or sewer service at all locations may be turned off in accordance with the procedures set forth in Section 13.43.120 and this section.
H. A commercial customer’s water and/or sewer service may be shut off for failure to have a current business license and only after the procedures specified in Section 13.43.120 and this section have been followed.
I. In each case where a premises is disconnected from the city’s sewer and/or water system, the council shall cause the city to take or to request any authorized public officer to take such steps as may be legally taken to abate such premises and to prohibit occupancy of such premises until it shall be reconnected to the city sewer and/or water system.
J. Reconnection. Any premises so disconnected shall not be reconnected to the city’s water system and/or the city’s sewer system until the owner of such premises has paid or caused to be paid:
1. All delinquent fees and basic and monthly penalties; and
2. Such reasonable charge for reconnection which, as to the water system, may be fixed from time to time by the council by resolution duly adopted and, as to the sewer system, may be fixed from time to time by the council by ordinance; or until the owner of such premises has otherwise complied with this title. (Ord. 462 § 2(part), 1988).
13.43.140 Service charges for resumption of service.
The service charge for the resumption of sewer service shall be the same as provided for water service. (Ord. 462 § 2(part), 1988).