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HomeMy WebLinkAboutUVWA Reso 2025-04 - Amending Reso 2025-01 UKIAH VALLEY WATER AUTHORITY RESOLUTION NO. 2025-04 A RESOLUTION OF THE UKIAH VALLEY WATER AUTHORITY (UVWA) AMENDING UVWA RESOLUTION 2025-01 ESTABLISHING UTILITY PAYMENT DUE-DATES, FEES, DEPOSITS, AND DELINQUENCY DATES AND PENALTIES. WHEREAS Ukiah Valley Water Authority has the authority to establish regulations covering payment regulations governing utility billing procedures and fees; and WHEREAS it has been determined that certain deposits and rules are necessary and reasonable to ensure that customers of utility services provided by the Ukiah Valley Water Authority pay for the services they receive; and WHEREAS the UVWA intends to promulgate rules for water utility service payments that are largely consistent with those promulgated by the City of Ukiah's water utility; and WHEREAS the UVWA intends to ensure compliance with California Senate Bill 998 (Water Shutoff Protection Act), codified at Health and Safety Code §§ 116900-116926, which governs residential water service discontinuation due to nonpayment. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: Section 1. Billing and Payment Deadlines: Utility service billing, payment due dates and related notice procedures as required by the Water Shutoff Protection Act (Health and Safety Code sections 116900-116926) are outlined in a Shut Off Policy that will be established by the City of Ukiah's Finance Department. Section 2.Application Fees: • New Service Application Fee: $38.00. This fee is not refundable once the application has been submitted. Section 3. Rules Governing Utility Deposits: • Use of a Credit Reporting Agency: The UVWA uses a Credit Reporting Agency to provide Collection Risk Information. • Deposits Required: Prior to the UVWA connecting utilities to any property, the applicant for service must complete an application for service and deposit funds with the City of Ukiah's Finance Department in the amount specified unless a deposit is excused. Property Owner Exception: Deposits may be waived for any applicant who is the owner of record of the property to be served unless service has been disconnected previously for nonpayment. Satisfactory Credit Exception: Deposits may be waived for an applicant for utility service who has received utility service from UVWA for a period of one year without having service disconnected for nonpayment or having received no more than one Final Notices of Possible Disconnection. Domestic Water service: ■ New service applicants who pose no credit risk may have deposit requirements waived. Page 1 of 3 ■ New service applicants who pose minimal risk: The greater of the estimated average monthly consolidated bill averaged over a 12-month period or a minimum of a 50.00 deposit. ■ New service applicants who pose substantial credit risk: The greater of twice the average monthly consolidated bill for water averaged over a 12-month period or a minimum of a $100.00 deposit. o Commercial Water service ■ The greater of twice the estimated average monthly consolidated bill of a similar business averaged over a 12-month period or a minimum of a $100.00 deposit. To Restore Disconnected Service. Domestic and Commercial customers utility service that is disconnected due to non-payment will be required to provide an additional deposit equal to greater of twice the average monthly consolidated bill for water service averaged over a 12-month period or a minimum of$150.00. Section 4. Rules Governing Utility Deposits: Utility bills are due and payable upon presentation and considered late if not paid in full 26 days following the bill date. The following delinquency penalties and fees will apply to unpaid utility service accounts: • Return of Utility Deposits: o The customer's utility deposit will be returned after one year of service, if the customer has never had service disconnected for nonpayment of a bill for utility service and within the year has not received more than two Final Notices of Possible Disconnection. If, after the return of a deposit, service is disconnected because a customer has failed to pay a utility bill when due, service shall not be restored until the customer pays a new deposit equal to the greater of twice the average monthly consolidated bill for water service, averaged over a 12-month period, or a minimum of$150.00. • Use of Deposits. o Use upon termination of service.When utility service to a customer is discontinued for any reason, the deposit shall reduce or eliminate any balance owing for utility service. If the deposit exceeds the balance owing, any remaining amount shall be refunded to the person who furnished the deposit. o Use upon filing a petition in bankruptcy. If a customer files a petition with the United States Bankruptcy Court to discharge his or her debts, and the court properly assumes jurisdiction in the case, the deposit shall be considered part of the bankruptcy estate. The customer shall be notified that due to the Bankruptcy notice, a deposit of or payment of an amount to bring the deposit up to an amount equal to the greater of twice the average monthly consolidated bill for water service, averaged over a 12-month period, or $150.00. If the required amount is not paid within 20 day of Notice of Additional Deposit, utility service will be disconnected. Section 5. Delinquency Penalties and Fees: In addition to increased deposit requirement in Section 3. Payment Reminder Notice: $1.00 Page 2 of 3 • Final Notice: $2.00 • 48-Hour Notice: $6.00 • 48-Hour Notice Door Hanger: $47.00 • Service Disconnect Fee: $49.00 • Premium Disconnect Fee: $197.00 • Service Reconnection Fee: $58.00 • Premium Reconnect Fee: $174.00 Premium Fees are disconnections and reconnections requiring special handling, such as after-hours requests. • Other Fees: Tampered Meter/Vandalism Penalty: $100.00 o Cut Lock Fee: $100.00 o Returned Payment Fees: $25 for the first returned item and $35 per item if more than one item is returned within the 12-month period. The fee may adjust annually, depending on adjustments to bank fees not to exceed 20% at any given year. Section 6: Property Owner Responsibility for Service to Leased or Rented Properties: Property owners shall be obligated for all utility service accounts for rented or leased properties. • Obligation for Water Use: The property owner is ultimately responsible for all utilities used at their property, regardless of whether it is occupied by tenants. • Delinquent Water Bill Notifications: If a bill becomes delinquent (unpaid after its due date), the property owner will be provided with copies of the delinquent bill. This ensures they are informed of any issues with non-payment. • Liability for Unpaid Bills: Regardless of the arrangement between the property owner or the tenants regarding payment responsibility for utility services; the property owner will be held liable for any utility bills that are unpaid. Section 7. Effective date: This resolution shall become effective 60 days after adoption. Customers will be notified of the change through standard communications, which may include one or more of the following: bill inserts, email notifications, and outreach efforts targeting delinquent customers. PASSED AND ADOPTED this 241h day of August, 2025, by the following roll call vote: AYES: Members Orozco, Crane, Nevill, Shoeneman, Prince, Baarsch Bogart, Bogart, Cardoza, and Chair Gaska. NOES: None. ABSTAIN: None. ABSENT: Member Gordon. Adam 6aska, Chair ATTEST Sean White, Secretary Page 3 of 3