HomeMy WebLinkAboutCC Ord 1682 2020-01-27ORDINANCE 1682
AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL
AMENDING CHAPTER 9.35 OF THE SEAL BEACH MUNICIPAL
CODE TO AMEND THE PROCEDURE FOR ISSUING
DELINQUENCY NOTICES AND DISCONTINUING WATER
SERVICE FOR NONPAYMENT OF RESIDENTIAL WATER BILLS
WHEREAS, on September 28, 2018, Governor Brown signed into law Senate Bill
998, known as the Water Shutoff Protection Act (the "Act"); and,
WHEREAS, the Act sets forth new procedures and limitations applicable to public
water systems when discontinuing residential water service on account of a
customer's nonpayment of a water bill; and,
WHEREAS, the Act also requires public water systems, such as the City of Seal
Beach, to adopt and implement a written policy on discontinuation of residential
water service for nonpayment of a water bill; and,
WHEREAS, in accordance with the Act, the City Council has adopted an official
Policy on Discontinuation of Residential Water Service and desires to make
corresponding changes to Chapter 9.35 of the Seal Beach Municipal Code in
order to implement the policy and comply with the Act.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 9.35.025 of the Seal Beach Municipal Code is hereby
amended to read as follows:
A. Billing and meter reading shall be performed by the city every 2
months. Full payment of a bill is due within 20 days after the
invoice date. The charge shall become delinquent if the bill, or
that portion thereof not in bona fide dispute, remains unpaid on
the 36th day after the invoice date.
B. The director shall comply with the provisions of the city water
utility's official policy on discontinuation of residential water
service, as adopted by city council resolution and on file in the
office of the city water department, as well as provisions of
applicable law, when issuing delinquency notices or terminating
water service to a residential user.
C. The basic penalty for nonpayment of water service charges by
the due date shall be 10% of each month's charges for the first
month delinquent. In addition to the basic penalty, there shall be
a penalty of 0.5% per month for nonpayment of the charges and
basic penalty.
D. Once water service has been terminated, the service of a
delinquent user shall not be resumed until the user's account
has been made current and the applicable a reinstatement fee
has been paid. The reinstatement fee amount shall be set by
city council resolution, subject to limitations set forth in the
policy on discontinuation of residential water service. The
director may remove a meter, and take any other appropriate
action, upon determining that terminated water service has been
unlawfully restored. This paragraph shall not apply to the
furnishing of water to a subsequent tenant, or to the furnishing
of water to the property owner in the event the tenant vacates
the premises.
E. Tenant residential users shall submit a security deposit prior to
establishing an account. The security deposit shall be in an
amount determined by the director. The security deposit shall
not exceed 3 times the estimated average monthly bill if water is
billed separately to the user, or twice the average periodic
payment if the user pays for water as a part of his or her rent. In
the event of nonpayment of all or a portion of the bill, the
security deposit shall be applied to the final bill issued when
water service is terminated. No property owner or subsequent
tenant shall be liable for any charges or penalties for water
service furnished to a delinquent tenant residential user. This
subsection shall not apply to master -metered apartment
buildings.
F. In addition to any other remedy provided in this chapter for the
enforcement and collection of delinquent bills, all charges and
penalties shall be a lien against the property to which the water
service was furnished. Notwithstanding the foregoing, the city
shall not impose a lien on residential properties for the
delinquent rates or charges of a tenant, except for master -
metered apartment buildings.
Section 2. CEQA. The City Council finds and determines that there is no
possibility that the adoption of this Ordinance will have a significant effect on the
environment. Accordingly, this Ordinance is not subject to the requirements of
the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3)
of Division 6 of Title 14 of the California Code of Regulations.
Section 3. Severability. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional
by a decision of any court of any competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance, and each and every
section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
Section 4. The City Clerk shall certify to the adoption of this ordinance and
publish the same as required by law.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 27th day of January, 2020 by the following vote:
AYES: Council Members: Sustarsic, Kalmick, Varipapa, Moore, Massa-Lavitt
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
UUUN i Y ur UKANUt:
CITY OF SEAL BEACH
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Schelly Susta , Mayor
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance is the original copy of Ordinance 1682 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
me ng held on the 27th day of Jar2020.
loria D. Halt fer, City