Chapter 2.05
DISCONTINUANCE OF SERVICE
Sections:
2.05.010 Disconnection for nonpayment.
2.05.020 Disconnection for nonpayment – Notice.
2.05.070 Noncompliance with regulations.
2.05.090 Upon vacating premises.
2.05.100 Payment arrangements.
2.05.010 Disconnection for nonpayment.
Service may be discontinued for nonpayment of bills on or before the twentieth day of the month following the month during which the bill was sent. A disconnection for nonpayment shall be subject to a connection or reconnection fee as set forth in the Master Schedule of Fees, Charges, Penalties and Recovered Costs.
2.05.020 Disconnection for nonpayment – Notice.
A. Notice of Discontinuance of Residential Service for Nonpayment.
1. At least 10 days before any proposed discontinuance of residential water and/or sewer service for nonpayment of a delinquent account of such service, the District shall mail a notice, postage prepaid, to the customer to whom the service is billed of the proposed discontinuance provided that such notice is not mailed until at least 25 days from the date of the mailing of the District’s bill for which no payment was received. If payment is not received, then the District shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of disconnection of service at least 48 hours prior to disconnection.
2. Contents of Notice. A notice of discontinuance permitted by this section shall include the following information:
a. The name and address of the customer whose account is delinquent; and
b. The amount of the delinquency; and
c. The date by which payment or arrangements for payment is required in order to avoid discontinuance of service; and
d. The name and telephone number of a representative of the District who can provide additional information or make payment arrangements.
B. Notice of Discontinuance of Service to Multi-Unit Residential Structures.
1. Where the District furnishes water to a multi-unit residential structure through a master meter or service connection or individually connected or metered service in a multi-unit residential structure, mobile home park, or other multi-unit residential structure, the District shall give the following notices prior to discontinuance of service:
a. Notice to the property owner pursuant to subsection (A) of this section. The District shall make every good faith effort to inform the residential occupants, by means of written notice posted on the door of each residential unit at least 15 days prior to termination, when the account is delinquent, that service will be terminated on a date specified in the notice or in a manner as permitted by Cal. Pub. Util. Code § 10009.1. Although reference is made to Cal. Pub. Util. Code § 10009.1, such reference is made only to provide a guideline for the service of notice to residents of multi-unit residential structures.
C. Discontinuance of Nonresidential Services for Nonpayment. The District shall provide notice to nonresidential water and/or sewer and/or sanitation service customers at least 10 days prior to the discontinuance of service for nonpayment. The notice shall specify the amount of the delinquency and the date by which payment is required to be made in order to avoid discontinuance of service.
2.05.030 Reconnection charge.
A reconnection charge plus penalties will be made and collected prior to renewing service following discontinuance, as set forth in the Master Schedule of Fees, Charges, Penalties and Recovered Costs.
2.05.040 Unsafe apparatus.
Water service may be refused or discontinued to any premises where apparatus or appliances are in use which might endanger or disturb the service to other customers.
2.05.050 Cross connections.
Water service may be refused or discontinued to any premises where there exists a cross connection in violation of the Malaga Code or state or federal laws.
2.05.060 Fraud or abuse.
Service may be discontinued if necessary to protect the District against fraud or abuse.
2.05.070 Noncompliance with regulations.
Service may be discontinued for noncompliance with this or any other ordinance or regulation related to the water service.
2.05.080 Disputes.
Any charges disputed by customers must be presented to the District, in writing, on or before the date of discontinuance of service for nonpayment. The General Manager, or his or her designee, in his or her discretion, may investigate the disputed charges and may, in his or her discretion, delay the discontinuance of service until such time as he or she completes investigation of the disputed charge.
2.05.090 Upon vacating premises.
Customers desiring to discontinue service should notify the District two days prior to vacating the premises. Unless discontinuance of service is ordered the customer shall be liable for charges whether or not any water is used.
2.05.100 Payment arrangements.
The General Manager, or his or her designee, at his or her discretion, may enter into a payment agreement with a customer to avoid the discontinuance of service. If the customer fails to comply with the agreement, the District may discontinue service after giving a residential customer at least 48 hours’ notice prior to the discontinuance of service. For nonresidential customers, the General Manager, or his or her designee, may, at his or her discretion, discontinue service immediately without giving any further notice if the nonresidential customer fails to comply with such payment agreement.
2.05.110 Collection.
The District may collect any and all unpaid rates and charges and penalties for and related to water, sewer, solid waste and/or fire line service in any of the following manners:
A. Collection of charges on the tax roll pursuant to any and all applicable statute(s); or
B. Suit. The District may bring any action to collect delinquent charges in any court of competent jurisdiction and have and recover costs of said suit including attorney’s fees, court costs, or other costs incurred by the District in the bringing of such action; or
C. By any other remedy available at law.