Chapter 13.12
WATER BILLS AND CHARGES
Sections:
13.12.020 Owner or agent liability.
13.12.060 Billing – Mailing address.
13.12.070 Billing – Districts – Mailing – Due dates.
13.12.080 Changes of ownership or occupancy.
13.12.090 Deposit for new accounts.
13.12.100 Estimating bills when meter malfunctions.
13.12.105 Adjustments to high water bills caused by customer leaks.
13.12.120 Nonpayment of bill – Address change.
13.12.130 Nonpayment of bill – Penalty.
13.12.140 Nonpayment of bill – Discontinuance of service.
13.12.150 Restoration of service following discontinuance for nonpayment.
13.12.160 Nonpayment of bill – Successive delinquencies.
13.12.170 Appeals of water bill and other water charges.
13.12.010 Customer liability.
Every applicant shall be liable for the water furnished and metered in accordance with the application therefor until the water department receives written notice to cancel same and shut off the water, at which time the applicant’s liability shall cease except as to water previous to such notice. (Ord. 2019-740 § 2 (Exh. 1); Code 1961 § 25-52).
13.12.020 Owner or agent liability.
No owner or agent or subsequent tenant will be held liable for water or penalties charged on account of nonpayment of charges by a previous owner or tenant. (Ord. 2019-740 § 2 (Exh. 1); Ord. 89-535 § 1. Code 1961 § 25-53).
13.12.040 Minimum charge.
In case no water is used through the meter or the property becomes vacant, the regular monthly minimum rate shall be charged to and paid by the owner of the property, or the applicant for service, whether water is used or not. (Ord. 2019-740 § 2 (Exh. 1); Code 1961 § 25-46).
13.12.050 Bill payment.
All water bills are due and payable at the office of the water department in the City Hall upon receipt and become delinquent 30 days following the billing date at which time a delinquent notice shall be sent and service subject to discontinuance in accordance with the city’s residential water disconnection policy and state law. (Ord. 2019-740 § 2 (Exh. 1); Ord. 88-524. Code 1961 § 25-48).
13.12.060 Billing – Mailing address.
Unless the applicant for water service directs otherwise, all bills and notices regarding bills will be mailed to the address where water service is furnished. (Ord. 2019-740 § 2 (Exh. 1); Code 1961 §§ 25-48, 25-50).
13.12.070 Billing – Districts – Mailing – Due dates.
A. For convenience in the reading of meters and preparation of water bills, the department is expressly authorized to divide the city into districts. These districts may, from time to time, be revised or changed as necessary or desirable, in order to equalize the work of reading meters and billing. The meters in each district so established shall be read on approximately the same day of each or every month, except when Saturdays, Sundays and legal holidays intervene.
B. Water bills based on such meter readings shall be prepared and mailed to the consumers in each district on approximately the same day of each or every other month, except when Saturdays, Sundays and legal holidays intervene.
C. If the meters are read every other month the department may at its option bill monthly. The billings for the month the meters are not read shall be based on one-half of the previous two months’ usage.
D. The billing date and service period shall be plainly printed on each water bill. (Ord. 2019-740 § 2 (Exh. 1); Ord. 88-524. Code 1961 § 25-49).
13.12.080 Changes of ownership or occupancy.
It shall be the duty of every person signing an application for water delivery and of every owner of property to which water is delivered to notify the water department of any change in the ownership or occupancy of the premises to which the water is to be furnished at least two days prior to such change. (Ord. 2019-740 § 2 (Exh. 1); Code 1961 § 25-51).
13.12.090 Deposit for new accounts.
A deposit in an amount to be established by the city council by fee resolution will be paid by the customer at the time a new account is established by the customer. This deposit may be returned to the customer at such time as the customer has satisfactorily established credit with the city for a continuous period of 12 months. (Ord. 2019-740 § 2 (Exh. 1); Ord. 2009-680 § 2; Ord. 88-524. Code 1961 § 25-55).
13.12.100 Estimating bills when meter malfunctions.
In the event a water meter fails to register during any month, a charge will be made based upon a three-month average amount of water used during the same period for the previous year as determined by the department. In the event there was no meter at this place during the previous year, a charge will be made upon an estimate fixed by the water department. Such charges, however determined, shall be paid by the consumer in the manner provided by this chapter for the payment of water bills generally. (Ord. 2019-740 § 2 (Exh. 1); Code 1961 § 25-56).
13.12.105 Adjustments to high water bills caused by customer leaks.
The city may consider adjustments to high water bills caused by customer leaks. In order to be considered for an adjustment, the disputed water charges must exceed the water charges from an average three-month period of usage in the prior year, calculated at the current rate, by at least 400 percent. The average three-month period of usage includes the month disputed, the month preceding, and the month following. The city manager or the city manager’s designee is authorized to adjust the bill for the customer. The adjustment shall be no greater than half the difference between the amount of the disputed charges and the average charge from a three-month period of water use from the prior year as defined above. A customer is only eligible for an adjustment of this type once in any 24-month period. (Ord. 2019-740 § 2 (Exh. 1); Ord. 2009-680 § 2; Ord. 93-587 § 2).
13.12.110 Summer rates.
During the summer months, the city council shall be allowed the discretion of reducing charges for water service. These summer rates shall be established by the city council by resolution. (Ord. 2019-740 § 2 (Exh. 1); Ord. 88-524. Code 1961 § 25-61).
13.12.120 Nonpayment of bill – Address change.
Water service shall not be given to any consumer upon change of service address until all delinquent charges owed by such consumer at a former service address are paid in full. (Ord. 2019-740 § 2 (Exh. 1); Code 1961 § 25-54).
13.12.130 Nonpayment of bill – Penalty.
If a water bill is not paid before the close of business of the final date for payment, a penalty of 10 percent of the account of the bill shall be added thereto; provided, however, that when the final day for payment falls on Saturday, Sunday or a legal holiday, payment may be made without penalty on the next regular business day. (Ord. 2019-740 § 2 (Exh. 1); Code 1961 § 25-57).
13.12.140 Nonpayment of bill – Discontinuance of service.
A. Nonresidential Service. In the event that any customer is delinquent in the payment of their water bill to a nonresidential service address, the department shall have the right to discontinue water service to the service address after providing written notice by first class mail to the customer’s address on file with the department of the delinquency and the intended disconnection of water service. Water service shall not be disconnected until the expiration of 10 calendar days after the date the notice was mailed by the city. A nonresidential customer who disputes the delinquency may appeal the delinquency by submitting written notice of the appeal to the finance director. The notice of appeal must be received by the city no later than the eighth day after the notice of the intended service disconnection was mailed by the city. All appeals shall be conducted and heard pursuant to FMC 13.12.170.
B. Residential Service. In the event any customer is delinquent in the payment of his or her water bill to a residential service address, the department shall have the right to discontinue water to the service address in accordance with the city’s residential water disconnection policy, as the same may be amended from time to time by resolution, and state law. (Ord. 2019-740 § 2 (Exh. 1); Ord. 2014-715 § 2; Ord. 88-524. Code 1961 § 25-58).
13.12.150 Restoration of service following discontinuance for nonpayment.
If water service is cut off or discontinued for failure to pay delinquent bills, the service will only be reestablished upon the payment of all delinquent bills, charges and penalties, plus a reconnection fee in an amount established by the city council by fee resolution, or upon the execution of an alternative payment arrangement that is offered and approved by the city in accordance with the city’s residential water disconnection policy and state law. A cash deposit in an amount established by the city council by fee resolution may also be required. (Ord. 2019-740 § 2 (Exh. 1); Ord. 2009-680 § 2; Ord. 88-524. Code 1961 § 25-59).
13.12.160 Nonpayment of bill – Successive delinquencies.
When a customer has been delinquent in water bills for two consecutive months, or three times in any one calendar year, the customer may be required to pay a deposit in an amount established by the city council by fee resolution. (Ord. 2019-740 § 2 (Exh. 1); Ord. 2009-680 § 2; Code 1961 § 25-60).
13.12.170 Appeals of water bill and other water charges.
Customers who dispute a water bill or the imposition of any penalty may appeal the disputed charges to the finance director of the city. For residential customers, appeals must be submitted in accordance with the city’s residential water disconnection policy. For nonresidential customers, the appeal must be submitted in accordance with FMC 13.12.140(A). In all cases, customers shall have the right to present documents and other evidence and be represented by counsel at the time of the hearing. For purposes of an appeal, the water bill or the imposition of penalties shall be presumed valid and the burden shall be on the customer to prove otherwise. The finance director shall render his or her decision at the conclusion of the hearing and that decision shall be final. (Ord. 2019-740 § 2 (Exh. 1)).