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HomeMy WebLinkAboutO-1677 amending Municipal Code Chapter 13.04 (Water Service) Discontinuation of Residential Water Service for Non-PaymentORDINANCE NO. 1677 (2020 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING SECTIONS 13.04.060 AND 13.04.110 OF THE SAN LUIS OBISPO MUNICIPAL CODE TITLE 13.04-WATER SERVICE WHEREAS, the City of San Luis Obispo (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 Chapter 13.04 of the Municipal Code to ensure consistency with the requirements of SB 998 and other laws. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1: Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Section 13.04.060 of the San Luis Obispo Municipal Code 1s hereby amended to read as follows: 13.04.060 Discontinuation of water service. Each customer discontinuing water service shall be required to provide information according to the procedures established by the director of utilities. A. Nonpayment of Bills. 1. A customer's water service may be discontinued if a bill is not paid on or before sixty days from the date the bill becomes delinquent. 2. A customer's unpaid balance for water service previously rendered by the city may be transferred to that same customer's current water service and water service may be discontinued if water service furnished at a previous location is not paid on or before sixty days from the date the bill becomes delinquent. 0 1677 Ordinance No. 1677 (2020 Series) Page 2 3. If a customer receives water service at more than one location, and the bill for service at any one location is not paid on or before sixty days from the date the bill becomes delinquent, water services at all locations may be discontinued. B. Unsafe Apparatus. The utilities department may discontinue service to any parcels where apparatus, appliances, or equipment using water is dangerous, unsafe, causing damage or not in conformity with any laws or ordinances. C. Service Detrimental to Others. The utilities department may discontinue service to any parcels where the demand may be detrimental or injurious to the service furnished to other customers. D. Fraud and Abuse. The utilities department shall have the right to refuse or to discontinue water service to any parcels to protect itself against fraud or abuse. E. Noncompliance. The utilities department may, unless otherwise provided, discontinue water services to a customer for noncompliance with any of these regulations if the customer fails to comply with them within five days after the date of presentation of written notice of the utilities department's intention to discontinue service. If such noncompliance affects matters of health and safety and/or is causing property damage, and conditions warrant, the utilities department may discontinue water service immediately. F. Customer's Request for Service Discontinuance. A customer may have his or her water service discontinued by notifying the utilities department reasonably well in advance of the desired <late of discontinuance. He or she will be required to pay all water charges until the date of such discontinuance. G. Restoration-Reconnection Charges. The utilities department may charge such amount as may be established from time to time by resolution of the city council for restoring water service which has been discontinued because of noncompliance with these rules. (Ord. 1597 § 6, 2014: prior code§ 7410.17. Formerly 13.04.180) SECTION 3. Section 13.04.110 of the San Luis Obispo Municipal Code 1s hereby amended to read as follows: 13.04.110 Delinquencies and penalties. For failure to pay for water service by the provisions of this chapter prior to the delinquency date, the director of utilities may add a penalty. The amount of the penalty shall be set by resolution of the City Council. (Ord. 1597 § 11, 2014) SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. 0 1677 Ordinance No. 1677 (2020 Series) Page 3 SECTION 5. Environmental Review. The proposed ordinance amendment is exempt from California Environmental Quality Act (CEQA) pursuant to statute (Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), including without limitation under sections 15307 and 15308 of the CEQA Guidelines (actions to protect natural resources and the environment) and because it can be seen with certainty that there is no possibility the adoption of this ordinance amendment may have a significant effect on the environment (CEQA Guidelines§ 15061(b)(3)). SECTION 6. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 4th day of February 2020, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 18 1h day of February 2020, on the following vote: AYES: NOES: ABSENT: ATTEST: Teresa Purrington City Clerk hristine Dietrick City Attorney Council Member Christianson, Pease, Stewart, Yice mayor Gomez and Mayor Harmon None None IN WITNESS WHEREOF, I have here~to set my hand and affixed the official seal of the City of San Luis Obispo, California, this 2) day of \.--lo,x ® , 2020. Teresa Purrington City Clerk 0 1677