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HomeMy WebLinkAboutOrdinances_1948_CCv0001.pdf ORDINANCE NO. 1948 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING SECTIONS 59104, 59108, AND 59119 OF THE REDLANDS ORDINANCE CODE CLARIFYING RESTORATION OF SERVICE PROCEDURES FOR DELINQUENT ACCOUNTS AND ESTABLISHING POLICIES FOR UNDERCHARGES AND OVERCHARGES ON WATER AND SEWER BILLING THE CITY COUNCIL AND THE CITY OF REDLANDS does hereby ordain as follows: SECTION ONE: Sections 59104, 59108, and 59119 are hereby amended to read as follows: Sec. 59104 SERVICE CHARGES DUE Charges for water service are due and payable to the City of Redlands on the date the bill is mailed to the property owner or his agent as designated in the application and shall be delinquent 15 days thereafter. Service may be discontinued upon written notice required by law if payment of the service charge is not made prior to the date such service charge becomes delinquent. If said owner or agent pays for water service on more than one piece of property or unit, service may be discontinued on all properties for failure to pay on any one property . Procedures and charges for restoration of service are set forth in Section 59108 of Municipal Code. Failure to receive a bill does not relieve the consumer of liability. Any amount due shall be deemed a debt to the City of Redlands , and any person , firm or corporation failing , neglecting, or refusing to pay said indebtedness shall be liable in a civil action brought by the City in any court of competent jurisdiction for the amount thereof. Sec. 59108 TURNING ON AND OFF WATER SUPPLY No charge will be made for turning on and shutting off the water supply when requested by the consumer for the closing of an old account or the beginning of a new one . Upon request the City will also shut off the water supply without charge for emergency purposes, and it is understood that the City will turn on the water supply after repairs have been made. If the service must be discontinued for non-payment of bill (s) a charge will be made by the City for each restoration of service. The amount shall be established pursuant to Article 144 of the Municipal Code. If a City representative is prevented from discontinuing service, or if service is turned back on by other than an authorized representative, the City may take any further steps it deems necessary to effect the disconnection and the full cost of all such efforts plus the estimated cost of reconnection must be paid in full before service will be restored . This amount plus outstanding bills and a minimum amount of prepayment or three times the average estimated monthly consumption, whichever is greater, will be required to be paid by the consumer before service will be renewed . The charges for restoring service, additional trips to the premises to effect the discontinuance of service, and the minimum amount of prepayment shall be set by City Council Resolution or Article 144 of the Municipal Code. Ordinance No. 1948 Page 2 Sec. 59119 REFUNDS AND ADJUSTMENTS This section shall apply to sewer and water billings. If a consumer is entitled to a refund for any reason , such as overpayment of a closing bill or other just cause, a demand shall be made by the consumer for a refund of such overpayment, and subject to approval of the Board, a City warrant shall be issued to the consumer in the amount of said overcharge. In the event the overpayment was made on a bill which is not a closing bill, the amount overpaid shall be credited to the consumer ' s account. 1. UNDERCHARGE . In the case of a discovered sewer or water undercharge, when the undercharge is the result of a City error or omission , there shall be no backcharge adjustment for services with meters smaller than or equal to one (1) inch in size. Proper billing shall begin with the first cycle billing after the discovered error and the customer shall be notified in writing of the change and the reason for the change. For services with meters which are greater than one (1) inch in size, discovered sewer or water undercharges shall be referred to the Director of Public Works for determination of backcharges due. 2. OVERCHARGE. In the case of a detected overcharge, the overcharge shall be adjusted back for a period of up to four years . The customer shall be notified in writing of the charge and the reason for the charge . No interest will be paid on the adjustment. Ordinance No. 1948 Page 3 SECTIO X52: SEVERABILITY If any portion of this Ordinance is found to be unconstitutional or invalid , the City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part, SECTION THREE: REPEALER All Ordinances , Redlands Ordinance Code Sections , all resolutions, all City Council motions, and all actions of City boards and commissions in conflict herewith are hereby repealed. SECTION FOUR: EFFECTIVE DATE This Ordinance shall be in force and take effect as provided by law. SECTION FIVE: CERTIFICATION The City Clerk shall certify to the adoption of this Ordinance and cause it to be published once in the Redlands Daily Facts , a newspaper of general circulation and published in this City. Mayor of the City of Redlands ATTEST: City ,'Clerk T I, Lorrie Poyzer, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof held on the 6 th day of May , 1986, by the following vote: Ayes: YES: Councilmembers Larsen, DeMirlyn, Wormser; Mayor Beswick NOES: None ABSENT: Courcilmember Johnson City Clerk Ordinance No. 1948 Page 4