AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE LOLETA COMMUNITY SERVICES DISTRICT AMENDING ORDINANCE NO. 19-01 RELATING TO THE COLLECTION OF WATER RATES AND CHARGES

WHEREAS, the Loleta Community Services District (“District”) provides water and sewer services to properties within the District pursuant to the Community Services District Law (Government Code § 61000 et seq.);

WHEREAS, the District has adopted by ordinance certain laws and processes for the collection of water rates from property owners and customers;

WHEREAS, the prompt, timely, and full collection of water and sewer rates from all property owners is essential to the continued operation of the District, including, but not limited to, the District’s continued ability provide safe, affordable water to residents and businesses and to properly and safely treat waste;

WHEREAS, pursuant to Ordinances No. 2019-01, procedure for discontinuation of service for nonpayment are required;

WHEREAS, the State of California requires additional procedures and protections as described in the “Water Shutoff Protection Act”;

WHEREAS, the Board of Directors desires to amend Ordinance No. 2019-01 to provide for a discontinuation of water service policy conforming to State of California Requirements in the event of non-payment and to provide a process by which affected users will be notified of a planned discontinuation and their associated rights.

NOW, THEREFORE the Board of Directors of the Loleta Community Services District does ordain as follows:

Section 12:130 of the Districts Policies shall be known as the Loleta CSD Water Shutoff Protection Policy.

Section 12:130 shall be deleted and replaced in its entirety with the following:

12:130 Section 1: Nonpayment of bill – discontinuation of service

In the event a customer fails to timely pay all charges for services rendered by the District reflected on the bill, the District reserves the right to discontinue water service to the customer after providing seven (7) days prior written notice via doorhanger and mailing and a meaningful opportunity to be heard. The District's notice shall contain:

• District contact phone number
• customer name and address
• amount of delinquency
• date by which arrangement for payment is required to avoid discontinuation
• description of the procedure to petition for bill review and appeal
• description of the procedure by which the customer may request an alternative payment plan

Alternative payment plan is an agreement for deferral, amortization, or other payment schedule of less than 12 months between the customer and the District. The District accepting partial payment does create a plan.

Delinquent shall mean any account with an outstanding balance more than 60 days past due.

Alternative Payment Plan: Customer must call the office to make payment arrangements. If partial payments are accepted, the account will remain delinquent. If a written plan is agreed upon, the account is no longer considered delinquent except and until the plan is not complied with for 60 days.

If no payment arrangement is reached by the shutoff date, water may be shut off.

Bill Review and Appeal: During a bill review only questions of proper and correct billing will be considered, requests for delays or waiver of payment will not be entertained.  In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the delinquency date in the notice. Residential service shall not be discontinued during the pendency of any investigation or appeal by the District of a disputed customer bill.

Account Reinstatement: When it becomes necessary for the District to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in an amount as adopted by resolution from time to time by the Board.

Health Exception to Shutoff:

Residential service shall not be discontinued for non-payment:

a. upon the certification of a primary care primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the Welfare and Institutions Code that to do so will be life threatening or pose a serious threat of the health and safety to, a resident of the premises where residential service is provided;

b. the customer demonstrates an inability to pay according to requirements set forth in the following paragraph, and

c. the customer is willing to enter into an alternative payment schedule not to exceed twelve (12) months.

A community water system shall deem a residential customer to have a household income below 200 percent of the federal poverty line if any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household’s annual income is less than 200 percent of the federal poverty level.

District may discontinue water service to connections served by alternative payment plans upon five (5) day posted notice if either:

(a) The customer fails to comply with an alternative payment schedule for 60 days or more; OR

(b) While under an alternative payment schedule, the customer does not pay his or her current residential service charges for 60 days or more.

Landlord-Tenant:

If an owner, manager, or operator of the dwelling, structure, or park is the customer of record, the urban and community water system shall make every good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears that service will be terminated at least 10 days prior to the termination. The written notice shall further inform the residential occupants that they may have the right to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account. A tenant resident may become the direct customer of the District for the account under the following conditions:

1) They meet the other requirements of setting up a District water account.

2) All renters served by a single meter agree to become account holders or one/some of them assume liability for the entire account.

New tenant account holders can assume an account without responsibility for past fees due providing they verify that the previous account holder is or was the owner, manager, or agent for the property.

Effective Date. This Ordinance will go into effect and be in full force and operation on April 1, 2020.