CHAPTER 6
UTILITY RATES
ARTICLE 2. WATER AND SEWER BILLING PASS-THROUGHS
SECTION:
§3961 Billing Tenants For Water Or Sewer Service
§3962 Computing The Pro Rata Share
§3963 Penalties And Remedies For Violation
§3960 DEFINITIONS
As used in this article, the following terms shall have the following meanings:
CITY CHARGES: The actual amount billed by the City each month to the customer for water and sewer service to the master meter serving the multi-unit property.
CONSUMPTION RATE: The rate based on consumption of water during the service period per hundred cubic feet (hcf).
CUSTOMER: The person or entity which has assumed the legal obligation to pay for water or sewer service when that service is provided to a multi-unit property.
MONTHLY SERVICE CHARGE: The water or sewer monthly service charge per dwelling unit (one sewer or water service unit as applicable) for each dwelling unit at the rate established by resolution of the City Council.
MONTHLY UTILITY BILL: The bill from the customer to a tenant for the pro rata share of City charges.
MULTI-UNIT PROPERTY: A mobile home park as defined in California Civil Code section 798.4 or an apartment building or complex, consisting of more than three (3) apartments.
PRO RATA SHARE: The amount of City charges which the customer may bill to a tenant each month. City charges may only be recovered in monthly billings to the tenants.
REQUIRED RECORDS: The monthly bill to the customer from the City of Ukiah for water and sewer service to the master meter and the computation of the pro rata share.
SEWER SERVICE PERIOD: The water meter readings for the month or months used by the City to determine sewer monthly service charges, currently the average of the readings for the months of January, February and March.
SUBMETER: A meter installed on a multi-unit property for measuring water use in an individual apartment or mobile home occupying a rented mobile home space. Submeters may be used at a multi-unit property only if they are installed in each apartment or space and all common areas, such as laundry facilities, receiving water or sewer service.
TENANT: The person or persons who rent a space in a mobile home park or an apartment in an apartment building or complex.
WATER SERVICE PERIOD: The water meter readings in units of water for the month for which a bill is sent to the customer.
UNIT OF WATER: One hundred (100) cubic feet ("hcf") or 748.1 gallons of water. (Ord. 1117, §1, adopted 2009; Ord. 1214, §1, adopted 2021)
§3961 BILLING TENANTS FOR WATER OR SEWER SERVICE
A customer may submit a monthly utility bill to a tenant for his or her pro rata share of city charges in accordance with this article.
Monthly utility bills must be delivered to and payable by a tenant each month. The bill must contain the required records for the month for which the tenant is being billed. The bill must describe the location within the multi-unit property where required records for other months are located and shall state that any tenant and the city shall have access to these records during regular business hours and the right to examine, audit or copy them. In addition, a customer may provide tenants and the city internet access to required records. (Ord. 1117, §1, adopted 2009)
§3962 COMPUTING THE PRO RATA SHARE
A. No Submeters: For a multi-unit property that does not use submeters, the pro rata share shall be determined by dividing the City charges by the number of mobile home spaces or apartments within the multi-unit property which receive water or sewer service. The result of that computation shall be the pro rata share for that month.
B. Submeters: For a multi-unit property that uses submeters, the pro rata share for water and sewer service shall be determined as follows:
1. Water Service:
a. Each rented space or apartment pays the City’s then-current monthly service charge.
b. The remaining portion of the City water bill (which will be the consumption rate portion of the bill and any portion of the monthly service charge that was not included under subsection B1a of this section due to vacancies) is prorated among the tenants by creating a fraction for each tenant with the numerator being that tenant’s submeter reading during the water service period and the denominator being the total submeter readings for the same period. The tenant’s pro rata share of these remaining City charges for water is computed by multiplying the remaining portion of the water bill to the customer by this fraction.
2. Sewer Service:
a. Each rented space or apartment pays the City’s then-current monthly service charge.
b. The remaining portion of the monthly utility bill (which will be the consumption rate portion of the bill and any portion of the monthly service charge that was not included in subsection B2a of this section due to vacancies) is prorated among the tenants by creating a fraction for each tenant with the numerator being that tenant’s submeter reading during the sewer service period and the denominator being the total submeter readings for the same period. The tenant’s pro rata share of these remaining City charges is computed by multiplying the remaining portion of the City charges for sewer by this fraction. (Ord. 1117, §1, adopted 2009; Ord. 1119, §1, adopted 2009; Ord. 1214, §1, adopted 2021)
§3963 PENALTIES AND REMEDIES FOR VIOLATION
A. Any person, firm or corporation violating any of the provisions of this article shall be guilty of an infraction. Every such violation is punishable by: 1) a fine not exceeding one hundred dollars ($100.00) for a first violation; 2) a fine not exceeding two hundred dollars ($200.00) for a second violation within one year; 3) a fine not exceeding five hundred dollars ($500.00) for each additional violation within one year.
B. A violation of any provision of this article by any person, firm or corporation shall be subject to a civil action in any court of competent jurisdiction, including the small claims court, by a tenant, tenants’ association or the city of Ukiah, by its city attorney, to recover any damages caused by the violation, including a refund of excess city charges or allowed charges and a civil penalty of one thousand dollars ($1,000.00) or ten percent (10%) of actual damages, whichever is higher. For any wilful violation, the tenant, tenants’ association or city may recover treble damages. Nothing in this subsection shall prohibit the filing of an action as authorized herein as a class action. The prevailing party in any action filed pursuant to this subsection shall be entitled to recover its reasonable attorney fees to be determined by the court. (Ord. 1117, §1, adopted 2009)