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HomeMy WebLinkAbout1203 - Amending Sewer Rates ORDINANCE NO. 1203 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 4, CHAPTER 2, ARTICLE 8 OF THE UKIAH CITY CODE, ENTILED: SEWER CHARGES The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Article 8, Chapter 2, of Division 4 of the Ukiah City Code is hereby amended to read as follows: §3707.1 RATES Rates for all premises connected to public sewers within or under the jurisdiction and control of the City shall be set forth in resolutions adopted from time to time by the Ukiah City Council. Such resolutions may prescribe user classifications, including the monthly sewer charge and consumption rate assigned to each class of user. These rates, although stated on a monthly basis, may be billed monthly, bimonthly, or quarterly as determined from time to time by the City Council. The customer who applied for and assumed the obligation to pay for water service to the property is the person liable for sewer charges to the property served by that water service. In the case of multiple units served by a master water meter, one person or entity, such as the property owner, shall pay for and assume liability for sewer service to that property. Notwithstanding any other provision of this code, the customer may bill its tenants for their proportional share of the City's charges for that service in accordance with chapter 6, article 2 of this division, commencing with section 3960. This requirement shall not prevent tenants in a multi-unit residential property from exercising their rights under Public Utilities Code section 10009.1, including their option to become utility customers in accordance with the requirements of that section, to whom the service will then be billed, without being required to pay the amount due on the delinquent account. Each premises or user connected to the public sewage system shall be classified under one of the user categories set forth by resolution and shall be subject to the rates specified for such category. Premises or users which are susceptible to classification under two (2) or more of such user categories shall be specially classified by City and shall be subject to rates established by City which shall allow for a reasonable usage allocation. §§ 3707.2 —3707.5 and 3707.7 are hereby repealed. §3707.6 is hereby renumbered as §3707.2. §3707.10 is hereby renumbered 3707.3 §3707.11 is hereby renumbered 3707.4 and amended to read as follows: 1 §3707.4 COLLECTION WITH OTHER UTILITY CHARGES A. With Utility Charges: Where the person charged is a user of another utility owned and operated by the City, including, but not limited to, the electric utility and water utility or of another utility service furnished by a publicly or privately owned public utility which has agreed to collect on behalf of the City, the charges may be collected together with and not separately from the charges for the other utility service rendered by it. They may be billed upon the same bill and collected as one item. B. Discontinuance of Service Upon Delinquency: Upon delinquency, the other utility or utility services include on the bill shall be discontinued until full payment of the delinquent charges and penalties thereon and the charges for restoration of service. C. Time: Said discontinuance shall continue until such time as all delinquent charges are paid in full; resumption of service to occur as otherwise provided by ordinances and regulations of the City. D. Advance Payment Without Discount: Any payment made in advance of due date or delinquency date shall be without discount. E. Unpaid Charges A Lien Where Premises Not Connected To City Water and/or Electric Utility: Where premises are not connected to the City water or electric system, it is hereby declared that when a statement of delinquent charges and all penalties and other charges which have accrued thereon has been recorded, the same shall constitute a lien upon the real property receiving or to receive the services, excepting publicly owned property. F. Duration of Lien: Such lien shall continue until the charges and all penalties thereon have been fully paid or the property subject thereto has been sold to satisfy the lien. G. Continuance of Penalties: Penalties shall continue to accrue during the period of nonpayment. H. Contents of Statement: The statement shall contain a description of the property served or to be served, the period of the service or proposed service, the amount of the charges, and a reference to this Chapter by number and date of adoption. I. Execution, Acknowledgement and Filing: The statement shall be executed by the person having charge of the billing and collection of such charges or his deputy. His signature shall be acknowledged. It shall be filed with the County Recorder of the County in which the City is located, at least once each year. J. Effect and Enforcement Of Lien: Such lien shall have the force, effect, priority and duration of an abstract of a judgment against the owner of real property and may be enforced in like manner. K. Frequency of Declaration: A list of all such delinquent charges as to property not connected to the City water or electric system, shall be recorded at least every six (6) months. L. Law Applicable: The provisions of the Revenue Bond Law of 1941 as to the filing and enforcement of liens shall apply. 2 §3712 is renumbered 3705. SECTION TWO. 1. Severability: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Ukiah hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. 2. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 3. Effective Date: The ordinance shall become effective October 1, 2020. Introduced by title only on June 17, 2020, by the following roll call vote: AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None ABSENT: None ABSTAIN: None Adopted on July 1, 2020 by the following roll call vote: AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None ABSENT: None ABSTAIN: None Douglas F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk 3