HomeMy WebLinkAbout1214 - Amending Water & Sewer Fees for Mobilehome Parks and Apartment Complexes ORDINANCE NO. 1214
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 3960 and 3962
IN ARTICLE 2, CHAPTER 6, DIVISON 4 OF THE UKIAH CITY CODE, GOVERNING APPORTIONMENT
OF WATER AND SEWER FEES TO TENANTS IN MOBILEHOME PARKS AND APARTMENT
COMPLEXES
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Sections 3960 and 3962 in Article 2, Chapter 6, Division 4 are amended to read as follows:
§3960 DEFINITIONS.
As used in this article, the following terms shall have the following meanings:
CITY CHARGES: The actual amount billed by the City each month to the Customer for water and sewer
service to the master meter serving the Multi-Unit Property.
CONSUMPTION RATE. The rate based on consumption of water during the Service Period per hundred
cubic feet (HCF).
CUSTOMER:The person or entity which has assumed the legal obligation to pay forwater or sewer service
when that service is provided to a Multi-Unit Property.
MONTHLY SERVICE CHARGE: The water or sewer monthly Service Charge per dwelling unit(1 sewer or
water service unit as applicable) for each dwelling unit at the rate established by resolution of the City
Council.
MONTHLY UTILITY BILL: The bill from the Customer to a Tenant for the pro rata share of City Charges.
MULTI-UNIT PROPERTY: A mobile home park as defined in California Civil Code section 798.4 or an
apartment building or complex, consisting of more than three (3) apartments.
PRO RATA SHARE: The amount of City charges which the Customer may bill to a Tenant each month.
City Charges may only be recovered in monthly billings to the Tenants.
REQUIRED RECORDS:The monthly bill to the customer from the City of Ukiah forwater and sewer service
to the master meter and the computation of the pro rata share.
SEWER SERVICE PERIOD: The water meter readings for the month or months used by the City to
determine sewer Monthly Service Charges, currently the average of the readings forthe months of January,
February and March.
SUBMETER:A meter installed on a Multi-Unit Property for measuring water use in an individual apartment
or mobile home occupying a rented mobile home space. Submeters may be used at a Multi-Unit Property
only if they are installed in each apartment or space and all common areas, such as laundry facilities,
receiving water or sewer service.
1
TENANT: The person or persons who rent a space in a mobile home park or an apartment in an apartment
building or complex.
WATER SERVICE PERIOD: The water meter readings in Units of Water for the month for which a bill is
sent to the Customer.
UNIT OF WATER: One hundred (100) cubic feet ("hcf') or 748.1 gallons of water.
§3962 COMPUTING THE PRO RATA SHARE
A. No Submeters: For a Multi-Unit Property that does not use submeters, the pro rata share shall be
determined by dividing the City Charges by the number of mobile home spaces or apartments within
the Multi-Unit Property which receive water or sewer service. The result of that computation shall be
the pro rata share for that month.
B. Submeters: For a Multi-Unit Property that uses submeters, the pro rata share for water and sewer
service shall be determined as follows:
1. Water Service:
a. Each rented space or apartment pays the City's then-current Monthly Service Charge.
b. The remaining portion of the City water bill (which will be the Consumption Rate portion of the
bill and any portion of the Monthly Service Charge that was not included under subsection 1.a,
above due to vacancies) is prorated among the Tenants by creating a fraction for each Tenant
with the numerator being that Tenant's submeter reading during the Water Service Period and
the denominator being the total submeter readings for the same period. The Tenant's pro rata
share of these remaining City Charges for water is computed by multiplying the remaining
portion of the water bill to the Customer by this fraction.
2. Sewer Service:
a. Each rented space or apartment pays the City's then-current Monthly Service Charge.
b. The remaining portion of the Monthly Utility Bill (which will be the Consumption Rate portion of
the bill and any portion of the Monthly Service Charge that was not included in subsection 2.a
above due to vacancies)is prorated among the Tenants by creating a fraction for each Tenant
with the numerator being that Tenant's submeter reading during the Sewer Service Period and
the denominator being the total submeter readings for the same period. The Tenant's pro rata
share of these remaining City Charges is computed by multiplying the remaining portion of the
City Charges for sewer by this fraction.
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
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 thirty (30) days after its adoption.
Introduced by title only on June 2, 2021, by the following roll call vote:
AYES: Councilmembers Crane, Rodin, Duenas, Brown, and Mayor Orozco
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on July 7, 2021, by the following roll call vote:
AYES: Councilmembers Crane, Rodin, Duenas, Brown, and Mayor Orozco
NOES: None
ABSENT: None
ABSTAIN: None
Juan V. Orozco, Mayor
ATTEST:
r l
Kristine Lawler, City Clerk
3
