HomeMy WebLinkAbout5857RESOLUTION NO 5857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ESTABLISHING RULES AND REGULATIONS RELATING TO TERMINATION
OF MASTER METERED UTILITY SERVICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS
FOLLOWS
Section 1. Pursuant to Public Utilities Code section 10009 1, the City Council hereby
adopts rules and regulations, which are attached hereto as Exhibit A, governing the termination
of utility service of municipal utilities to master metered residential properties.
ADOPTED SIGNED AND APPROVED THIS 3rd day of April, 2001
ATTEST
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City Clerk
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Mayor of the City of Redlands
I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing
Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 3rd day
of April, 2001 by the following vote:
AYES. Councilmembers George Freedman Peppler Haws Mayor Gilbreath
NOES None
ABSTAIN: None
ABSENT None
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Resolution No 5857
Exhibit "A"
CITY OF REDLANDS MUNICIPAL UTILITIES DEPARTMENT
Utility Billing
35 Cajon Street, Suite 15A
Redlands, CA 92373
RULES AND REGULATIONS REGARDING
MASTER METER RESIDENTIAL WATER SERVICE
The following rules and regulations are established by Resolution of the City Council
pursuant to California Public Utilities Code section 10009 1 These rules and regulations govern the
City's termination of water service to residential properties served by a master meter
In the event a master metered residential utility service account, which is in the account
holder s name, is proposed to be discontinued due to non-payment, tenants receiving water service
at that property shall be notified of their right to become customers of the City upon making an
application for service pursuant to California Public Utilities Code section 10009 1 The following
steps shall be taken:
1 The City will post a written notice on the door of each residential unit, at least fifteen
days prior to termination, before water service may be terminated on the date specified in the notice.
2. If it is not practicable to post the notice on the door of each residential unit, the City will
post two copies of the notice in each accessible common area of the property and at each point of
access to the building.
3. The notice will inform the tenants that they have the right to become water service
customers of the City and will be required to pay all future bills, but are not required to pay the amount
due on the account holder's delinquent account.
4 The notice will also specify what steps the tenants must take in order to prevent
termination of service by informing them of:
a. The estimated monthly cost of service;
b. The title, address and telephone number of a representative of the City who can assist
the residents in continuing service; and
c. The address and telephone number of a legal service provider, such as the San
Bernardino County Legal Aid Society as identified and recommended by the local
County Bar Association pursuant to Business and Professions Code section 6213
5 The notice will be in English and, to the extent practical, in any other language that the
City determines is the primary language spoken by a significant number of the tenants.
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6. The City is not required to make service available to the tenants of the master metered
residential service account unless each tenant agrees to the terms and conditions of service, and meets
the requirements of law and the City's rules. However, if one or more of the tenants is willing and able
to assume responsibility for subsequent charges to the account to the satisfaction of the City or if there
is a physical means, legally available to the City of selectively terminating service to those tenants who
have not met the requirements of the City's rules, the City shall make service available to those persons
who have met those requirements.
7 Any tenant who becomes a customer of the City and whose rental payments include
charges for water service, where these charges are not separately stated, may deduct from the rent
payment all reasonable charges paid to the City for those services.
8. Specific terms of the agreement to make service available to individual tenants are as
follows:
a. All current adult tenants must be listed at the time of the application by
1 Full name
2. Residential unit number
3. Acceptable identification, such as driver's license, state identification cards
or social security number.
b. The persons who apply for service shall be liable for all water service charges for the
duration of the account for each person's particular unit.
c. A demonstration of credit worthiness, as required by the City shall be made by each
applicant for service including the requirement, if necessary of a deposit.
d. The City shall comply with California Public Utilities Code section 10009 1 and shall
not terminate water service to tenants of a master metered residential property unless
every reasonable effort to continue such service to the tenants pursuant to California
Public Utilities Code section 10009 1 has been made.
9 Prior to exercising its right to terminate water service, the City at its option, may elect
to reduce the flow of water to the master meter residential utility service account, until all non-
payment arrearages are paid by the account holder. The City at any time thereafter may exercise its
rights to terminate services pursuant to these rules.
10. The City will not terminate water service to a residential master metered tenant in any
of the following situations:
a. During the pendency of an investigation by the City of a customer dispute or complaint;
b. When the customer has been granted an extension of the period for payment of a bill,
c. For an indebtedness owed by the customer to any other public agency or when the
obligation represented by the delinquent account or other indebtedness was incurred
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with any other public agency other than the City
d. When a delinquent account relates to another property owned, managed or operated by
the customer or
e. When a public health or building officer certifies that termination would result in a
significant threat to the health or safety of the residential occupants or the public.
11 Notwithstanding any other provisional law and in addition to any other remedy
provided by law if the owner, manager or operator by any act or omission, directs, permits or fails
to prevent a termination of service while any residential unit is occupied, the tenants may commence
an action for the recovery of all the following:
a. Reasonable costs and expenses incurred by the tenants or the representative of the
tenants related to restoration of service.
b. Actual damages related to the termination of service.
c. Reasonable attorney's fees of the tenants incurred in the enforcement of the California
Public Utilities Code section 10009 1 including, not limited to enforcement of a lien.
12. Notwithstanding any provision of the law and in addition to any other remedy
provided by law if the owner manager or operator of the master metered residential property by any
act or omission, directs, permits or fails to prevent a termination of service while any residential unit
receiving that service is occupied, the corporation may commence an action for the recovery of all
the following:
a. Delinquent charges accruing prior to the expiration of the notice serviced by the City
regarding termination of service.
b. The reasonable costs incurred by the corporation related to the restoration of service.
c. Reasonable attorney's fees the corporation incurred in the enforcement of the
California Public Utilities Code section 10009 1 or in the collection of delinquent charges, including,
but not limited to, enforcement of a lien.
13 The City has adopted these rules and regulations to implement California Public
Utility Code section 10009 1 and shall liberally construe California Public Utility Code section
10009 1 to accomplish the purpose of ensuring that service to tenants is not terminated due to
nonpayment by the customer unless the City has made every reasonable effort to continue service
to the residential occupants.
14 A copy of these rules and regulations shall be kept on file in the City's Utility Billing
Division of the City's Municipal Utilities Department, and the office of the City Clerk of the City
Customers or others contemplating any expenditure or activities governed by these rules and
regulations should assure themselves that they have the latest and correct information by contacting
the City's Municipal Utilities Department.
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