Chapter 13.12
WATER RATES
Sections:
13.12.010 Billing – Frequency.
13.12.035 Special exemption – Qualifying senior citizens.
13.12.040 Meter – Monthly charges.
13.12.050 Meter – Additional service charge.
13.12.060 Payment – Delinquencies – Shutoffs.
13.12.070 Payment – Under protest.
13.12.080 Previous bill – Dispute procedure.
13.12.090 Consumer responsibilities.
13.12.100 Bills – Owner and tenant responsibilities.
13.12.105 Unauthorized use of water – Tampering – Illegal water access.
13.12.110 Vacation of premises – Billing.
13.12.120 Installment purchase agreements and rate covenants.
13.12.010 Billing – Frequency.
Water accounts shall be billed monthly. [Ord. 04-1220 § 2, 2004; 1937 Code § 497.1.]
13.12.020 Meter – Reading.
Under ordinary conditions meters will be read monthly or bimonthly on approximately the same day of the month and a bill issued showing the period covered by the meter readings, the amount of water used and the total charges applicable for that bill period. [Ord. 1106 § 4, 1996; 1937 Code § 497.2.]
13.12.030 Designated.
A. The monthly rates to be charged by the city for water supplied from its waterworks to consumers shall be in the amount established by city council resolution.
B. Additional administrative charges may be assessed on the water bill and be collected in the same manner as charges for water. Such charges shall be designated by city council resolution, and may include, but not be limited to, charges for returned checks, collection agency fees, charges for obstructed meters and return visits, special installations and other such charges. Administrative fees shall be established by resolution by the city council and staff and shall only be in an amount necessary to recover actual costs.
C. Any water purveyor, whether public or private (if allowed by ordinance), who provides municipal water service shall pay to the city a franchise fee in the amount of seven percent of the entity’s gross water revenues collected in the city. Such franchise fee is justified on the basis that franchise fees generally compensate the city for a water purveyor’s utilization of city rights-of-way, including the burden on the city’s infrastructure. A public water system likewise benefits from use of the public rights-of-way for the pipelines, distribution systems and other aspects of the existing infrastructure. Therefore, it is reasonable to factor the franchise payment into the cost of the water purveyor’s provision of water service. Additionally, courts have recognized that where a municipality acts in its proprietary capacity, it has the same rights and liabilities of any private person or entity. [Ord. 08-1308 § 2, 2008; Ord. 05-1243 § 5, 2005; Ord. 04-1220 § 3, 2004; Ord. 1167 § 1, 2000; Ord. 1125 § 2, 1997; Ord. 1106 § 5, 1996; Ord. 870 § 1(A), 1985; 1937 Code § 497.3.]
13.12.035 Special exemption – Qualifying senior citizens.
A. Residential water customers of the city who qualify as set forth in this section shall be eligible for reduced water rates as set forth in subsection (E) of this section. In order to be eligible for the exemption, a claimant must meet the requirements of either subsection (A)(1) or (2) as follows:
1. A claimant under this subsection must have an annual household income as set by city council resolution and be at least 62 years of age, or disabled as established by the Social Security Administration Supplemental Income Program for the aged, blind and disabled; or
2. A claimant under this subsection shall be a qualified nonprofit entity that owns and operates a shared residential facility for senior citizens. For purposes of this section, a “qualified nonprofit entity” means an organization formed for other than profit-making purposes and exempt from the payment of federal income taxes, and which meets such other requirements as determined by the finance director. For purposes of this subsection, “shared facility” means a residential facility that has common or shared kitchen, laundry and similarly related facilities available for its residents. The exemption provided under this subsection shall be applicable only to qualified nonprofit entities and shall not apply to individual water customers. The portion of the claimant’s water bill which is subject to this exemption shall be that attributable to water use by its residents who have a household income as set by city council resolution and who are at least 62 years of age, or disabled as established by the Social Security Administration Supplemental Income Program for the aged, blind and disabled;
3. In subsections (A)(1) and (2) of this section where it refers to “household income” it means the adjusted gross income (not including Social Security income) of all members of the household as shown on the completed application form. In the case of a husband and wife, it is the amount indicated in their joint return or the sum of the amounts indicated on their individual returns.
B. A claim for an exemption under this section shall be submitted on a form provided by the city and shall be filed with the finance department. All statements shall be made under oath and subject to penalty of perjury. The finance department may require such additional evidence as it deems necessary or appropriate in processing such claim.
C. Any change in the qualifying status of the claimant during the fiscal year of the exemption shall be immediately reported to the finance director for review.
D. An exemption approved under subsection (A)(1) of this section shall be limited to water service charges paid for the residential dwelling occupied by the claimant and shall apply only when the claimant contributes no less than 50 percent to the financial support of the household. As to an exemption approved under subsection (A)(2) of this section, the finance director is authorized to adjust water charges in a proportionate manner based upon the number of residents at the nonprofit shared facility who meet the relevant qualifying income and other criteria contained in this section.
E. Effective June 2, 2004, the monthly rates for water delivered by the city to residents who qualify, as set forth in this section, shall be in the amount established by city council resolution. [Ord. 08-1308 § 2, 2008; Ord. 05-1243 § 6, 2005; Ord. 04-1220 § 4, 2004; Ord. 1167 § 3, 2000; Ord. 1142 § 1, 1998; Ord. 1125 § 3, 1997; Ord. 1106 § 6, 1966.]
13.12.040 Meter – Monthly charges.
There shall be a minimum monthly charge on each meter which shall include the water purchased on the rates designated by PMC 13.12.030. The minimum monthly charge shall be as established by city council resolution. [Ord. 10-1324 § 2, 2010; Ord. 05-1243 § 7, 2005; Ord. 1167 § 4, 2000; Ord. 1125 § 4, 1997; Ord. 870 § 1(B), 1985; 1937 Code § 497.4.]
13.12.050 Meter – Additional service charge.
In addition to the minimum charges set forth in PMC 13.12.040 and in addition to the rates for water supplied as set forth in PMC 13.12.030, there shall be a monthly service charge on each water meter as established by city council resolution. [Ord. 05-1243 § 8, 2005; Ord. 1167 § 5, 2000; Ord. 1125 § 5, 1997; Ord. 870 § 1(C), 1985; 1937 Code § 497.5.]
13.12.060 Payment – Delinquencies – Shutoffs.
A. Payment Delinquencies. A water bill shall be due and payable within 25 days after the city mails the bill to the property owner. In any case, for any bill that is not paid within 30 days after the city mails the bill to the property owner, the unpaid balance is subject to a 10 percent penalty.
If thereafter the bill is not paid by the forty-fifth day from the billing date, the finance director or designated representative may cause the water to be shut off at the meter pursuant to the procedure set forth in subsection (B) of this section. The water shall not thereafter be turned on except upon the payment of the delinquent bill in full and a reconnection fee as established by city council resolution.
If turn on is required any time after 3:00 p.m., an additional charge as established by city council resolution shall be made to cover the additional costs. In case the water is turned on at the premises of the property owner after it has been turned off by the finance director or designated representative and before the delinquent bill has been paid, the finance director or designated representative shall cause the water meter at such consumer’s premises to be removed without advance notice. Provisions under PMC 13.12.105 (Unauthorized use of water – Tampering – Illegal water access) shall apply.
The meter shall not be reinstalled except upon the payment of the delinquent bill and additional reinstallation charges for a pulled meter as established by city council resolution for removal and replacement of the meter.
B. Shutoffs. The finance director or designated representative is authorized to cause the shutoff of water to the premises, providing the following procedure is followed:
The director of finance or designated representative shall mail in the United States mail service a letter giving the consumer five days from the date of receipt of the letter to show cause why the water should not be turned off. The finance director or designated representative shall afford the consumer an opportunity to be heard, either in writing or orally, as to why the water should not be turned off. In the event that the consumer does not respond, or that the finance director or designated representative finds that the money is due and owing from the consumer, the water may be shut off after so finding.
C. Nothing in this section shall affect the city’s authority and ability to shut off the water at any time for purposes of making repairs, tests or extensions to the system, or for any other purpose as provided in PMC 13.04.050. [Ord. 11-1354 § 1, 2011; Ord. 10-1324 § 2, 2010; Ord. 08-1308 § 2, 2008; Ord. 1106 § 7, 1996; Ord. 738 § 1, 1978; Ord. 734 § 1, 1978; 1937 Code § 497.6.]
13.12.070 Payment – Under protest.
A. When a consumer complains that the amount of water consumed in any one billing period was less than the amount billed, then the bill may be paid under protest. After payment of the bill under protest and the filing by the consumer of a written complaint that the meter at their premises is out of order, which complaint must be accompanied by a deposit the amount of which is so designated by city council resolution, the city shall within 48 hours thereafter test the meter and then record the amount of error found, if any. If the meter is found to register less than two percent fast, the deposit shall be forfeited to the city. If the meter is found to register two percent fast or faster, the deposit shall be refunded to the customer, together with the amount overcharged on the protested bill, plus the estimated overcharge on two previous bills for the premises.
B. A dispute regarding a bill shall not justify nonpayment, underpayment or delay in payment. Disputed bills shall be paid when due. [Ord. 1106 § 8, 1996; 1937 Code § 497.7.]
13.12.080 Previous bill – Dispute procedure.
In case of dispute as to payment of a bill previously rendered, the consumer must present the receipted bill, canceled check or other evidence of payment before adjustment can be made. [1937 Code § 497.8.]
13.12.090 Consumer responsibilities.
The consumer has sole control of the amount of water drawn through the water meter and is responsible for maintenance and repairs of the pipes and fixtures beyond the water meter. The city, in order to encourage prompt repairs of leaking pipes and fixtures, will make allowances for excessive bills resulting from leakage beyond the water meter when, in its judgment, conditions warrant. In making allowances, the city will in general be governed by the following:
A. Adjustment will be allowed when claim has been made and evidence clearly shows that the excessive charge is due to leaking pipes or fixtures and not wasteful use, and then only when repairs have been promptly made and consumer has provided proof of repair to the city. No allowance will be made covering more than two consecutive billing periods, including the billing period in which the leak is discovered. Adjustments will be credited to water account.
B. At staff’s discretion, adjustment may be allowed, without showing evidence of repairs, but not more than once in any 24-month period to the same customer for the same premises. No allowance will be made covering more than two consecutive billing periods, including the billing period in which the leak is discovered.
C. Adjustments ordinarily will be made on the basis of one-half of the excess delivery due to leakage during two consecutive billing periods, but in the case of concealed leaks in underground or unexposed pipes, full excess may be allowed for such two billing periods.
D. Not more than one allowance shall be made to the same consumer for the same premises in any 12-month period when claim has been made and evidence clearly shows that the excessive charge is due to leaking pipes or fixtures and not wasteful use. The city shall be the sole judge in determining the excess delivery due to leakage.
E. For purposes of receiving an adjustment under this section, a repair is promptly made when completed within 15 days of knowledge of the leak. A repair is also promptly made if completed within 30 days of knowledge of the leak if the leaking piping/equipment is turned off within two days of knowledge of the leak. An adjustment will not be made until repairs are completed and proof of repair has been submitted to the city.
F. Upon approval, a credit adjustment shall be posted to the customer’s water account. A request for an adjustment shall not justify nonpayment, underpayment or delay in payment on account. [Ord. 15-1392 § 2, 2015; Ord. 08-1308 § 2, 2008; 1937 Code § 497.9.]
13.12.100 Bills – Owner and tenant responsibilities.
A. In residential uses, where a tenant establishes his or her own account for water service, the city shall not seek to recover any charges or penalties for nonpayment of charges from a subsequent tenant or the property owner as a result of a previous tenant’s nonpayment of water charges. For purposes of this section, the term “subsequent tenant” shall not include any adult person who lived at the residence during the period that the charges or penalties accrued. The city shall not require that water service to a subsequent tenant be furnished on the landlord’s or property owner’s water service account unless the property owner consents in writing to such requirement.
B. The city shall provide a property owner that establishes a water service billing account under their name with the option to have the bill directed to a third party. If the property owner elects to direct the bill to a third party, the property owner shall remain liable for all fees and charges to the water service account. The city shall accept payments for services provided on the water service billing account from third parties.
C. The city shall require proof of legal property ownership or tenancy along with a valid identification to establish a water service billing account. The finance director shall determine documentation required to establish proof of legal property ownership or tenancy.
D. The city may collect a security deposit in an amount not to exceed three times the estimated monthly bill prior to establishing a new residential water service account. The decision whether to require a deposit shall be based solely upon the creditworthiness of the applicant. In the event of nonpayment of all or a portion of the bill, the city shall apply the deposit to the final bill issued when service is terminated.
E. A residential tenant who applies to establish his or her own account for water service shall be deemed creditworthy, within the meaning of subsection (D) of this section, if the tenant:
1. Makes a deposit; or
2. If the applicant has a previous credit history with the city, and can demonstrate that that applicant has paid all utility bills to the city promptly during the 12 months prior to the date of the application.
F. Regardless of the provisions of subsection (E)(2) of this section, the city may always require a cash deposit if deemed appropriate.
G. Attachment of liens on property for which charges remain unpaid.
Pursuant to the provisions of Section 54354 of the Government Code of the state of California:
1. For water service accounts established by property owners, delinquent water charges of 90 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.
2. The lien shall continue in full force and effect until all of the charges and penalties are fully paid or the property sold.
3. The city shall endeavor to record a list of all such delinquent charges 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.
4. 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 $1.00 or less.
5. The lien will have the same force, effect, priority and duration as a judgment lien.
6. 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. 15-1392 § 2, 2015; Ord. 11-1354 § 2, 2011; Ord. 08-1308 § 2, 2008; Ord. 1112 § 1, 1996; Ord. 1106 § 9, 1996.]
13.12.105 Unauthorized use of water – Tampering – Illegal water access.
A. Anyone using water without having made application to the city for water service shall be held liable for the service from the date of any previous meter reading that most nearly coincides with the actual date the service was first authorized for use by the customer.
B. Meter tampering is not allowed. The city reserves the right to discontinue service without notice upon the occurrence and discovery of any tampering, alteration, modification or interference with any city water meter, register, measuring device or any component of the meter with or without the knowledge of the customer.
C. Unlawful taking of water by bypassing meters, installing a jumper or any other means of reconnecting to the water system and taking water without payment is prohibited. The person will be responsible for paying for all costs, penalties and all associated damage assessments including possible criminal charges.
D. Any person violating these provisions may be found guilty of a misdemeanor. [Ord. 10-1324 § 2, 2010.]
13.12.110 Vacation of premises – Billing.
The property owner is responsible for notifying the city for discontinuance of service. The full applicable water rates shall be charged in every instance for vacated premises until the city has been notified in writing and upon proof of identification by the property owner of the discontinuance of the use of the water and instructed by the owner to turn the water off and render a final bill. [Ord. 11-1354 § 3, 2011; Ord. 10-1324 § 2, 2010; Ord. 1106 § 10, 1996; 1937 Code § 495.3.]
13.12.120 Installment purchase agreements and rate covenants.
A. The city may, from time to time, enter into one or more installment purchase agreements with the city of Pittsburg public financing authority for the purpose of financing, acquiring and/or constructing any additions, betterments, extensions or improvements to the water system designated by the city council of the city as a designated water project, the design, acquisition or construction of which (together with the incidental costs and expenses related thereto) is to be financed by the proceeds of bonds, notes or other evidence of indebtedness issued by the city of Pittsburg public finance authority. All payments under any such installment purchase agreement shall be payable solely from the net revenues of the water system and shall not constitute an obligation of the city’s general fund.
B. Any installment purchase agreement entered into in accordance with subsection (A) of this section may contain a covenant on the part of the city to establish, fix and collect rates, fees and charges for the water service which are reasonably fair and nondiscriminatory at such minimum levels as provided in the covenant in order to provide a secure source of payment of amounts payable under the installment purchase agreement and in order to provide adequate security for such bonds, notes or other evidences of indebtedness, as deemed necessary by the city in connection with any such financing. Any such covenant entered into as provided in this subsection shall be deemed an obligation imposed by law, enforceable in mandamus pursuant to California Code of Civil Procedure Section 1085. [Ord. 1125 § 6, 1997.]