HomeMy WebLinkAbout7283 RESOLUTION NO. 7283
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, ADOPTING A POLICY ON RESIDENTIAL WATER
SERVICE SHUT-OFF FOR NONPAYMENT
WHEREAS, California Health and Safety Code Section 116906 requires each
urban and community water system, including the City of Arcadia ("City"), to have a
written policy on discontinuation of residential service for nonpayment, and such written
policy must address specified subjects required by law; and
WHEREAS, pursuant to Section 7532.11 of the Arcadia Municipal Code, the City
Council may, by resolution or motion, adopt a policy for discontinuation of residential
water service, and such policy may include, but may not be limited to, provisions
concerning billing procedures, discontinuation of service, notification procedures,
restoration of service, procedures to contest or appeal a water bill, extensions or other
alternative payment arrangements, protections available to qualified low-income
customers, procedures for becoming a customer of the City under specified
circumstances, and related matters; and
WHEREAS, the City Council desires to adopt the Policy for Discontinuation of
Residential Water Service attached to this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the attached Policy for
Discontinuation of Residential Water Service (the "Policy"). As provided in Section
7532.11 of the Arcadia Municipal Code, to the extent any provision of the Policy
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conflicts with any provisions of Article VII, Chapter 5 of the Municipal Code, the Policy
shall control.
SECTION 2. If any section, subsection, clause or phrase in the Policy or the
application thereof to any person or circumstances is for any reason held invalid, the
validity of the remainder of the Policy or the application of such provisions to other
persons or circumstances shall not be affected thereby. The City Council hereby
declares that it would have adopted the Policy and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases or the application thereof to any person or
circumstance be held invalid.
SECTION 3. This Resolution shall become effective February 1, 2020.
Passed, approved and adopted this 19th day of November , 2019.
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ATTEST:
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S. Clerk
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7283 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 19th day of November, 2019 and that said Resolution was adopted by
the following vote, to wit:
AYES: Amundson, Beck, Tay, Chandler, and Verlato
NOES: None
ABSENT: None
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Cler oft City of Arcadia
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POLICY ON RESIDENTIAL WATER SERVICE
SHUT-OFF FOR NONPAYMENT
1. Application of Policy. This Policy on Residential Water Service Shut-Off for
Nonpayment ("Policy") shall apply to all City accounts for residential water service, but
shall not apply to any accounts for non-residential service. To the extent this Policy
conflicts with any other rules, regulations, or policies of the City, this Policy shall control.
2. Contact Information. For questions or assistance regarding your water bill, the
City's Customer Service staff can be reached at (626) 254-2700. Customers may also
visit the Public Works Services Service Center in person Monday through Thursday from
6:45 a.m. to 5:00 p.m., and alternate Fridays from 6:45 a.m. to 4:00 p.m., except on City
holidays.
3. Billing Procedures. Water service charges are payable to the City once every
two months or at such other frequency as determined by the City Council from time to
time. All bills for water service are due and payable upon presentation and shall become
delinquent fifteen (15) calendar days after date of mailing.
4. Discontinuation of Water Service for Nonpayment. If a bill is delinquent for at
least sixty (60) calendar days, the City may discontinue water service to the service
address.
4.1 Written Notice to Customer. The City will provide a mailed notice to the
customer of record at least fifteen (15) calendar days before discontinuation of water
service. The notice will contain:
(a) the name and address of the customer;
(b) the amount of the delinquency;
(c) the date by which payment or payment arrangements must be made
to avoid discontinuation of service;
(d) the procedure by which the customer may initiate a complaint or
request an investigation or appeal concerning service or charges;
(e) a description of the procedure by which the customer may request
an alternative payment arrangement, which may include an
extension, amortization, alternative payment schedule, or payment
reduction;
(f) the procedure for the customer to obtain information on financial
assistance, if applicable; and
(g) the telephone number where the customer may request a payment
arrangement or receive additional information from the City.
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4.2 Written Notice to Occupants or Tenants.
(a) If the City furnishes individually metered service to a single-family
dwelling, multi-unit residential structure, mobile home park, or farm labor camp and the
owner, manager, or operator of the dwelling, structure, or park is the customer of record,
or if the customer of record's mailing address is not the same as the service address, the
City will also send a notice to the occupants living at the service address at least ten (10)
calendar days before discontinuation of water service. The notice will be addressed to
"Occupant," will contain the information required in Section 4.1 above, and will inform the
residential occupants that they have the right to become customers of the City without
being required to pay the amount due on the delinquent account. Terms and conditions
for occupants to become customers of the City are provided in Section 8 below.
(b) If the City furnishes water through a master meter in a multi-unit
residential structure, mobile home park, or permanent residential structures in a labor
camp and the owner, manager, or operator of the dwelling, structure, or park is the
customer of record, the City will make a good faith effort to inform the occupants, by
means of written notice posted on the door of each residential unit at least fifteen (15)
calendar days prior to termination, that the account is in arrears and the service will be
terminated on a date specified in the notice. If it is not reasonable or practicable to post
the notice on the door of each unit, the City will post two (2) copies of the notice in each
accessible common area and at each point of access to the structure or structures. The
notice will inform the residential occupants that they have the right to become customers
of the City without being required to pay the amount due on the delinquent account. The
notice will also specify what the occupants are required to do in order to prevent
termination of, or to reestablish service; the estimated monthly cost of service; the title,
address, and telephone number of a representative of the Public Works Services
Department who can assist the occupants in continuing service. Terms and conditions
for occupants to become customers of the City are provided in Section 8 below.
In-Person or Telephonic Notice. The City will also make a reasonable, good faith
effort to contact the customer of record or adult person living at the service address in
person or by telephone at least seven (7) calendar days before discontinuation of service.
4.3 Posting of Notice at Service Address. If the City is unable to make contact
with the customer or an adult person living at the service address in person or by
telephone, the City will make a good faith effort to leave a notice of imminent
discontinuation of residential service and a copy of this Policy in a conspicuous place at
the service address. The notice and copy of this Policy will be left at the residence at
least forty-eight (48) hours before discontinuation of service. The notice will include:
(a) the name and address of the customer;
(b) the amount of the delinquency;
(c) the date by which payment or payment arrangements must be made
to avoid discontinuation of service;
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(d) the procedure for the customer to obtain information on financial
assistance, if applicable; and
(e) the telephone number where the customer may request a payment
arrangement or receive additional information from the Public Works
Services Department.
4.4 Circumstances Under Which Service Will Not Be Discontinued. The City
will not discontinue residential water service for nonpayment under the following
circumstances:
(a) During an investigation by the Public Works Services Department of
a customer dispute or complaint under Section 5.1 below;
(b) During the pendency of an appeal to the City Council under Section
5.3 below; or
(c) During the period of time in which a customer's payment is subject
to a Public Works Services Department-approved extension,
amortization, alternative payment schedule, or reduction under
Section 6 below, and the customer remains in compliance with the
approved payment arrangement.
4.5 Circumstances Under Which Service Through a Master Meter Will Not Be
Discontinued. If the Public Works Services Department furnishes water through a master
meter in a multi-unit residential structure, mobile home park, or permanent residential
structures in a labor camp and the owner, manager, or operator of the dwelling, structure,
or park is the customer of record, the Public Works Services Department will not
discontinue residential water service for nonpayment under the following circumstances:
(a) If a delinquent account relates to another property owned, managed,
or operated by the customer;
(b) If 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.
4.6 Special Medical and Financial Circumstances Under Which Services Will
Not Be Discontinued.
(a) The Public Works Services Department will not discontinue water
service if all of the following conditions are met:
(i) The customer, or a tenant of the customer, submits to the City
the certification of a licensed primary care provider that
discontinuation of water service will be life threatening to, or
pose a serious threat to the health and safety of, a resident of
the premises where residential service is provided;
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(ii) The customer demonstrates that he or she is financially
unable to pay for residential service within the City's normal
billing cycle. The customer is deemed financially unable to
pay during the normal billing cycle if: (a) any member of the
customer's household is a current recipient of CaIWORKs,
CalFresh, general assistance, Medi-Cal, Supplemental
Security Income/State Supplementary Payment Program, or
California Special Supplemental Nutrition Program for
Women, Infants, and Children, or (b) the customer declares
under penalty of perjury that the household's annual income
is less than 200 percent of the federal poverty level; and
(iii) The customer is willing to enter into an alternative payment
arrangement, including an extension, amortization, alternative
payment schedule, or payment reduction with respect to the
delinquent charges.
(b) For any customers who meet all of the above conditions, the City
shall offer the customer one of the following options, to be selected
by the City in its discretion: (1) an extension of the payment period;
(2) amortization of the unpaid balance; (3) an alternative payment
schedule; or (4) a reduced payment. The Public Works Director or
Utilities Superintendent will select the most appropriate payment
arrangement, taking into consideration the information and
documentation provided by the customer, as well as the City's
payment needs. Any payment arrangement entered into pursuant to
this Section will be subject to the terms, conditions, and remedies, in
Section 6.
(c) The customer is responsible for demonstrating that the conditions in
subsection (a) have been met. Upon receipt of documentation from
the customer, the City will review the documentation within seven (7)
calendar days and: (1) notify the customer of the alternative payment
arrangement selected by the City and request the customer's signed
assent to participate in that alternative arrangement; (2) request
additional information from the customer; or (3) notify the customer
that he or she does not meet the conditions in subsection (a).
(d) The City may discontinue water service if a customer who has been
granted an alternative payment arrangement under this section fails
to do any of the following for sixty (60) days or more: (a) to pay his
or her unpaid charges by the extended payment date; (b) to pay any
amortized amount due under the amortization schedule; (c) to pay
any amount due under an alternative payment schedule; (d) to pay
the reduced payment amount by its due date; or (e) to pay his or her
current charges for water service. The City will post a final notice of
intent to disconnect service in a prominent and conspicuous location
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at the service address at least five (5) business days before
discontinuation of service. The final notice will not entitle the
customer to any investigation or review by the City.
4.7 Time of Discontinuation of Service. The City will not discontinue water
service due to nonpayment on a Saturday, Sunday, legal holiday, or at any time during
which the City's office is not open to the public.
4.8 Restoration of Service. Customers whose water service has been
discontinued may contact the City by telephone or in person regarding restoration of
service. Restoration shall be subject to payment of: (a) any past-due amounts, including
applicable interest or penalties; (b) any reconnection fees, subject to the limitations in
Section 7.1, if applicable; (c) and a security deposit, if required by the City.
5. Procedures to Contest or Appeal a Bill.
5.1 Time to Initiate Complaint or Request an Investigation. A customer may
initiate a complaint or request an investigation regarding the amount of a bill within ten
(10) calendar days of receiving a disputed bill. For purposes of this Section 5.1 only, a
bill shall be deemed received by a customer five (5) calendar days after mailing.
5.2 Review by City. A timely complaint or request for investigation shall be
reviewed by the Public Works Director or Utilities Superintendent, who shall provide a
written determination to the customer. The review will include consideration of whether
the customer may receive an extension, amortization, alternative payment schedule, or
payment reduction under Section 6.
5.3 Appeal to City Council. Any customer whose timely complaint or request
for an investigation pursuant to this Section 5 has resulted in an adverse determination
may appeal the determination to the City Council by filing a written notice of appeal with
the City Clerk within ten (10) business days of the City's mailing of its determination.
Upon receiving the notice of appeal, the City Clerk will set the matter to be heard at a
upcoming City Council meeting and mail the customer written notice of the time and place
of the hearing at least ten (10) calendar days before the meeting. The decision of the
City Council shall be final.
6. Extensions and Other Alternative Payment Arrangements.
6.1 Time to Request an Extension or Other Alternative Payment Arrangement.
If a customer is unable to pay a bill during the normal payment period, the customer may
request an extension or other alternative payment arrangement described in this Section
6. If a customer submits his or her request within thirteen (13) calendar days after mailing
a written notice of discontinuation of service by the City, the request will be reviewed by
the Public Works Director or Utilities Superintendent. City decisions regarding extensions
and other alternative payment arrangements are final and are not subject to appeal to the
City Council.
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6.2 Extension. If approved by the City, a customer's payment of his or her
unpaid balance may be temporarily extended for a period not to exceed six (6) months
after the balance was originally due. The Public Works Director or designee shall
determine, in his or her discretion, how long an extension shall be provided to the
customer. The customer shall pay the full unpaid balance by the date set by the City and
must remain current on all water service charges accruing during any subsequent billing
periods. The extended payment date will be set forth in writing and provided to the
customer.
6.3 Amortization. If approved by the City, a customer's payment of his or her
unpaid balance may be amortized over a period not to exceed twelve (12) months, as
determined by the Public Works Director or designee, in his or her discretion. If
amortization is approved, the unpaid balance will be divided by the number of months in
the amortization period, and that amount will be added to the customer's monthly bills for
water service until fully paid. During the amortization period, the customer must remain
current on all water service charges accruing during any subsequent billing periods. The
amortization schedule and amounts due will be set forth in writing and provided to the
customer.
6.4 Alternative Payment Schedule. If approved by the City, a customer may
pay his or her unpaid balance pursuant to an alternative payment schedule that will not
exceed twelve (12) months, as determined by the Public Works Director or Utilities
Superintendent in his or her discretion. If approved, the alternative payment schedule
may allow periodic lump-sum payments that do not coincide with the City's established
payment date or may provide for payments made more or less frequently than the City's
regular payment date. During the period of the alternative payment schedule, the
customer must remain current on all water service charges accruing during any
subsequent billing periods. The alternative payment schedule and amounts due will be
set forth in writing and provided to the customer.
6.5 Payment Reduction. At the discretion of the Public Works Services Director
or Utilities Superintendent, a customer may receive a reduction of the unpaid balance
owed by the customer for water service. The Public Works Director or Utilities
Superintendent shall determine, in his or her discretion, whether to grant a reduced
payment. The amount of the reduced payment and the due date will be set forth in writing
and provided to the customer.
6.6 Failure to Comply. If a customer fails to comply with a payment
arrangement approved by the City under this section, or fails to pay his or her current
charges for water service, and the original amount due is more than 60 days delinquent,
the District may discontinue water service. The City will post a final notice of intent to
disconnect service in a prominent and conspicuous location at the service address at
least five (5) business days before discontinuation of service. The final notice will not
entitle the customer to any investigation or review by the City.
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7. Specific Programs for Low-Income Customers.
7.1 Reconnection Fee Limits and Waiver of Interest. For residential customers
who demonstrate to the City a household income below 200 percent of the federal poverty
line, the City will:
(a) Limit any reconnection fees during normal operating hours to fifty
dollars ($50), and during non-operational hours to one hundred fifty
dollars ($150). The limits will only apply if the City's reconnection
fees actually exceed these amounts. These limits are subject to an
annual adjustment for changes in the Bureau of Labor Statistics'
Consumer Price Index for All Urban Consumers (CPI-U) beginning
January 1, 2021.
(b) Waive interest charges on delinquent bills once every 12 months.
The City will apply the waiver to any interest charges that are unpaid
at the time of the customer's request.
7.2 Qualifications. The City will deem a residential customer to have a
household income below 200 percent of the federal poverty line if: (a) any member of the
household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal,
Supplemental Security Income/State Supplementary Payment Program, or California
Special Supplemental Nutrition Program for Women, Infants, and Children, or (b) the
customer declares under penalty of perjury that the household's annual income is less
than 200 percent of the federal poverty level.
8. Procedures for Occupants or Tenants to Become Customers of the City.
8.1 Agreement to City Terms and Conditions of Service. The City will make
service available to the actual residential occupants if each occupant agrees to the terms
and conditions of service and meets the requirements of the City's rules and regulations.
Notwithstanding, if one or more of the occupants are willing and able to assume
responsibility for the 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 discontinuing
service to those occupants who have not met the requirements of the City's rules and
regulations, the City shall make service available to the occupants who have met those
requirements.
8.2 Verification of Tenancy. In the case of a detached single-family dwelling, in
order for the amount due on the delinquent account to be waived, an occupant who
becomes a customer shall verify that the delinquent account customer of record is or was
the landlord, manager, or agent of the dwelling. Verification may include, but is not limited
to, a lease or rental agreement, rent receipts, a government document indicating that the
occupant is renting the property, or information disclosed pursuant to Section 1962 of the
Civil Code, at the discretion of the City.
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8.3 Deductions from Rental Payment. Pursuant to Government Code Section
60371(d), any occupant who becomes a customer of the City pursuant to this Section 8
and whose periodic payments, such as rental payments, include charges for residential
water service, where those charges are not separately stated, may deduct from the
periodic payment each payment period all reasonable charges paid to the City for those
services during the preceding payment period.
9. Third Party Notification Service for Seniors and Dependent Adults. The City
will make available, to residential customers who are 65 years or older, or who are
dependent adults (as defined in Welfare and Institutions Code Section 15610(b)(1)), a
third-party notification service whereby the City will attempt to notify a person designated
by the customer to receive notification when the customer's account is past-due and
subject to termination. The notification will include information on what is required to
prevent termination of service. The City will mail the notification to the designated third
party at least ten (10) calendar days before termination of service. To participate, the
customer must submit a request for third-party notification on a form provided by the City,
and must include the written consent of the designated third party. The notification service
does not obligate the third party to pay any overdue charges, nor shall it prevent or delay
termination of service.
10. Language for Certain Written Notices. All written notices under Section 4 and
Section 6.6 of this Policy shall be provided in English, Spanish, Chinese, Tagalog,
Vietnamese, Korean, and any other language spoken by ten percent (10%) or more
people within the City's service area.
11. Other Remedies. In addition to discontinuation of water service, the City may
pursue any other remedies available in law or equity for nonpayment of water service
charges, including, but not limited to: securing delinquent amounts by filing liens on real
property, filing a claim or legal action, or referring the unpaid amount to collections. In
the event a legal action is decided in favor of the City, the City shall be entitled to the
payment of all costs and expenses, including attorneys' fees and accumulated interest.
12. Discontinuation of Water Service for Other Customer Violations. The City
reserves the right to discontinue water service for any violations of City ordinances, rules,
or regulations other than nonpayment.
13. Decisions by City Staff. Any decision which may be taken by the Public Works
Services Director under this Policy may be taken by the Utilities Superintendent or his or
her designee.
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