Chapter 6.20
MUNICIPAL SERVICE
Sections:
6.20.010 Municipal services – Payment of charges.
6.20.030 Failure or refusal to pay charges.
6.20.040 New customers – Notice to be furnished.
6.20.060 Hearing may be requested – Time limit.
6.20.070 Scheduling of hearing – Conduct.
6.20.080 Payment deadline – Failure to comply resulting in discontinuance of water service.
6.20.090 Payment deadline – After hearing.
6.20.010 Municipal services – Payment of charges.
The furnishing of water and sewer service and the collection and disposal of garbage and rubbish, as provided for in the Millbrae Municipal Code, shall constitute municipal services, and shall be charged for as such. (Ord. 479, § 2; 1976 Code § 6-4.01).
6.20.020 Service deposit.
Every person, on making application for municipal services, shall make a service deposit as required by a resolution or ordinance of the city setting forth municipal service charges. (Ord. 479, § 2; 1976 Code § 6-4.02).
6.20.030 Failure or refusal to pay charges.
No person shall fail or refuse to pay the municipal service charges provided for in the Millbrae Municipal Code, except where prohibited by statute. If any person shall fail or refuse to pay the lawful charges, including both delinquent and current charges, for any municipal services, the water service to the premises, regardless of tenancy, shall be shut off, in accordance with the procedures set forth in this chapter. (Ord. 479, § 2; 1976 Code § 6-4.03).
6.20.040 New customers – Notice to be furnished.
Every person, on making application for municipal services, shall be handed a notice reading substantially as follows:
NOTICE TO CUSTOMERS
If you believe you have been overcharged for the water, sewer service or garbage collection service rendered or that you were charged for service not rendered, you have the right to have the matter heard by an employee of the City of Millbrae who has the power to resolve the dispute. To arrange for an informal hearing, please telephone Area Code 415, 692-2512 not later than fifteen (15) days after the date mentioned on your statement, or submit your request in writing to the Director of Finance, City Hall, 621 Magnolia Avenue, Millbrae, California, 94030, postmarked or received not more than fifteen (15) days after that date.
Failure to request a hearing before this deadline will result in the loss of the right to a hearing on this matter. Failure to pay the amount of your bill in full not later than (a) 15 days from the date of the hearing, or (b) 30 days from the date of your statement, whichever occurs later, may result in the discontinuance of your water service.
CITY OF MILLBRAE
BY________________________
Every person receiving the notice to customers shall be required to sign a statement which shall remain on file with the city and reading substantially as follows:
I have received a copy of the Notice to Customers and understand my right if I believe I have been overcharged or charged for water, sewer service or garbage collection service not rendered to me in the future, to request a hearing before an employee of the City of Millbrae who will have authority to resolved such a dispute.
DATED:________________________
_______________________________
CUSTOMER
(Ord. 479, § 2; 1976 Code § 6-4.04).
6.20.050 Notice to customers.
With each statement or billing for municipal services, mailed or otherwise transmitted, there shall be attached, enclosed or included a notice reading substantially as follows:
Telephone Area Code 415/692-2512 to request a hearing if you believe you were overcharged or charged for water, sewer or garbage service not rendered.
(Ord. 479, § 2; 1976 Code § 6-4.05).
6.20.060 Hearing may be requested – Time limit.
If a customer who has received a statement for water, sewer or garbage collection services wishes to dispute the amount due as an overcharge for services rendered, or a charge for services not rendered, he shall have the right to request an informal hearing of a dispute by:
A. Telephoning the designated employee for such purpose in the notice transmitted with the statement not later than fifteen days from the date of mailing of the billing, or
B. By making a written request for such hearing received by the city or postmarked not later than fifteen days from the date of mailing of the billing. (Ord. 479, § 2; 1976 Code § 6-4.06).
6.20.070 Scheduling of hearing – Conduct.
Upon receipt of a request for hearing, a hearing shall be scheduled not later than ten days from the date of the request. The hearing shall be conducted in an informal manner by an employee of the city who shall have been designated by resolution of the city council to conduct such a hearing. At the hearing, evidence may be presented and shall be considered bearing on whether the correct amount has been charged for the service which has been rendered. At the conclusion of the hearing, the person conducting the hearing shall make a decision based upon the evidence and shall have the authority to adjust the amount due in a fair and equitable manner. (Ord. 479, § 2; 1976 Code § 6-4.07).
6.20.080 Payment deadline – Failure to comply resulting in discontinuance of water service.
If a hearing is not timely requested, or if a hearing has been requested and the customer fails to appear for it or have it continued, and the amount stated to be due is not paid in full within thirty days of the date of mailing of the statement, the city shall have the right to discontinue water service, except where prohibited by statute. (Ord. 479, § 2; 1976 Code § 6-4.08).
6.20.090 Payment deadline – After hearing.
If a hearing shall have been requested and conducted and the person in charge of conducting the hearing shall have determined the amount to be due thereafter, the amount determined to be due is not paid in full within fifteen days of the date of such decision, the city shall have the right to discontinue water service, except where prohibited by statute. (Ord. 479, § 2; 1976 Code § 6-4.09).
6.20.100 Payment deadline – Attachment of liens on property for which water or sewer charges remain unpaid.
Pursuant to the provisions of Section 54354 of the Government Code of the state of California:
A. Delinquent water or sewer charges of sixty days or more past due and all penalties thereon shall constitute a lien upon the real property served; provided, that the director of finance or designee records a list of delinquent unpaid charges and penalties thereon with the county recorder, stating the amount of each charge and the penalty thereon, a description of the real property upon which the charges and penalties are a lien, and the name of the city to which the delinquent charges and penalties are payable;
B. The lien shall continue in full force and effect until all of the charges and penalties are fully paid or the property sold;
C. A list of all such delinquent charges shall be recorded at least every six months, but no delay or informality in recording the same shall invalidate the lien or any unpaid water or sewer charge or any subsequent act or proceeding;
D. If through error or otherwise, the amount of unpaid charges plus penalties thereon as stated in said list shall be incorrect, said error shall be disregarded and shall not affect or invalidate the filing if said error is one dollar or less;
E. The lien will have the same force, effect, priority and duration as a judgment lien;
F. As a remedy for the collection of said charges and penalties, an action may be brought in the name of the city in any court of competent jurisdiction, and reasonable attorney’s fees shall be awarded to the city as plaintiff. (Ord. 601, § 1; 1976 Code § 6-4.10).