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HomeMy WebLinkAbout2368 ORDINANCE NO. 2368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE VII, CHAPTER 5 OF THE ARCADIA MUNICIPAL CODE CONCERNING THE DISCONTINUATION OF RESIDENTIAL WATER SERVICE FOR NONPAYMENT WHEREAS, the City of Arcadia, California (the "City") is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City owns and operates a public water system that supplies water to residential, commercial, and industrial customers throughout the City's jurisdiction; and WHEREAS, in 2018, the California Legislature adopted Senate Bill 998 ("SB 998") which adopted new and expanded protections regarding discontinuation of water service for nonpayment and related matters; and WHEREAS, the City Council desires to amend the Chapter 5 of Article VII of the Arcadia Municipal Code to ensure consistency with the requirements of SB 998 and other laws. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Section 7532.1 of Article VII, Chapter 5, Part 3, Division 2 of the Arcadia Municipal Code is hereby amended to read as follows: "7532.1. WATER BILLS. COLLECTION. Each water bill shall be due and payable upon presentation, and shall become delinquent fifteen (15) days after date of mailing. If it is not paid within sixty (60) days of the delinquency date, service may be discontinued. Service discontinued because of non- 1 payment shall not be resumed until all bills, plus the fees hereinafter specified, have been paid. Any charge or expense required by any provision of this Chapter to be borne or paid by the consumer may be billed with any bill for service, and if not paid when due the entire bill shall be deemed delinquent for the purpose of this Division." SECTION 3. Section 7532.7.1 of Article VII, Chapter 5, Part 3, Division 2 of the Arcadia Municipal Code is hereby amended to read as follows: "7532.7.1. SAME. DELINQUENT TENANTS WITH SERVICE IN OWNER'S NAME. Should an owner of property occupied by a tenant fail or refuse to pay bills for service furnished in his or her name, service may be discontinued and thereafter may not again be resumed until all such bills plus the fees hereinafter specified have been paid, except as otherwise provided by law or City rules and regulations." SECTION 4. Section 7532.11 is hereby added to Article VII, Chapter 5, Part 3, Division 2 of the Arcadia Municipal Code to read as follows: "7532.11. POLICY ON DISCONTINUATION OF RESIDENTIAL WATER SERVICE. The City Council may, by resolution or motion, adopt a policy for discontinuation of residential water service. Such policy may include, but may not be limited to, additional procedures concerning billing, discontinuation of service, notifications, restoration of service, contesting or appealing a bill, extensions and alternative payment arrangements, protections available to qualified low-income customers, and related matters. To the 2 extent a policy adopted pursuant to this section conflicts with any provisions of this Chapter, the policy shall control." SECTION 5. CEQA. The City Council has determined that the proposed Ordinance is not a "project" as defined by the California Environmental Quality Act ("CEQA") Guidelines Section 15378. SECTION 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published at least once in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (31st) day after its adoption. [SIGNATURES ON THE NEXT PAGE] 3 Passed, approved, and adopted this 3rd day of December 2019. if.:"40; M.� .r of the City of Arcadia ATTEST: City lerk APPROVED AS TO FORM: P Za Stephen P. Deitsch City Attorney 4 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 Ordinance No. 2368 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 3rd day of December, 2019 and that said Ordinance was adopted by the following vote, to wit: AYES: Amundson, Beck, Tay, Chandler, and Verlato NOES: None ABSENT: None Ci lerk of the y of Arcadia 5