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RES-2010-037RESOLUTION NO. 2010- 037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72 -600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2010- 013. WHEREAS, the City of Anaheim (Anaheim) maintains a water transmission and distribution system for the distribution of water to residents and inhabitants of Anaheim and has adopted Water Rates, Rules, and Regulations for the sale and distribution of water; and WHEREAS, the Anaheim Municipal Code authorizes the City Council to approve reasonable Rates, Rules and Regulations governing water services and fees for providing water services; and WHEREAS, Anaheim established various rules of the Water Rates, Rules, and Regulations for that purpose; and WHEREAS, Senate Bill 120 (Lowenthal) enacted by the California Legislature amends various sections of the Public Utilities Code relating to utility service; and WHEREAS, the Public Utilities Code, as amended by Senate Bill 120, requires that utilities adopt rules and regulations necessary to implement the sections so amended; and WHEREAS, the proposed modifications to Rules No. 5, 8, and 11 of the Water Rates, Rules, and Regulations are intended to accomplish the same; and WHEREAS, the proposed modifications to Rule No. 1 are intended to update the rule by adding and modifying definitions; and WHEREAS, the Public Utilities Board considered the requirements of the California Environmental Quality Act and found that matters covered above come within Section 21080 (b)(8) of the Public Resources Code of the State of California. Thus, the modifications to Rule Nos. 1, 5, 8, and 1 l of the Water Rates, Rules and Regulations are statutorily exempt from the California Environmental Quality Act; and WHEREAS, the Public Utilities Board considered the proposals of the Public Utilities Department and made the following findings with respect to the need for the proposed modifications to the Water Rates Rules and Regulations: it is reasonable and appropriate to modify Rule Nos. 5, 8, and 11 as set forth in Attachment A in order to accomplish the requirements of Senate Bill 120 and to modify Rule No. 1 to update definitions; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board of the City of Anaheim recommends to the City Council that the City Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and adopt the modifications to Rule Nos. 1, 5, 8, and 11 of the Water Rates, Rules, and Regulations as shown in Attachment A; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board of the City of Anaheim recommends to the City Council that the City Council, by Motion, certify that the adoption of the modified Rule Nos. 1, 5, 8, and 11 of the Water Rates, Rules, and Regulations is statutorily exempt under the California Environmental Quality Act, Public Resource Code, Section 21080(b) (8), in accordance with Title 14 of the California Administrative Code, Section 15273(a); and WHEREAS, the City Council has considered the evidence and concurs with the findings of the Public Utilities Board as set forth herein above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The findings set forth herein are hereby adopted by the City Council of the City of Anaheim. 2. The modifications to Rule Nos. 1, 5, 8, and I 1 of the Water Rates, Rules and Regulations as set forth in Attachment A shall be, and are hereby adopted by the City Council of the City of Anaheim effective May 1, 2010. 3. The Public Utilities General Manager is authorized and directed to prepare, promulgate, publish, and take any and all actions necessary to implement the changes to the Water Rates, Rules, and Regulations as set forth herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th day of April , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY ANAHEIM MAYOR OF THE C;W NANAHEIM ATTEST CITY CLERK OF THE CIT OF ANAHEIM 76401.2 Attachment A Rule Nos. 1, 5, 8, and 11 of the Water Rates, Rules and Regulations CITY OF ANAHEIM Utilities I immcial Services 201 S. Anaheim Blvd, Anaheim, CA 92805 WATER RA'Z'ES, RULES AN],) REGULATIONS RULE NO. I DEFINITIONS Page No. 3. 1.1 Additional Responsible Party: Any person inhabiting a domestic service location and benefiting from utility service shall be equally responsible for the payment of bills rendered for utility services at that location. APU: Anaheim Public Utilities, Applicant: The person, association, corporation or governmental agency applying for water service. Application: A request to the Utility for service as distinguished from an inquiry as to the availability of or charges for such service. Balancing Account: An account designated to account for the Water System Reliability Adjustment rate collections and payment of water system capital expenditures and capital - related Debt Service. Billing Period: The time interval between gathering the data used for billing purposes. Capital Expenditures: Funds used to acquire or upgrade physical assets such as water system property or equipment. This type of outlay is made to maintain or increase the scope of water system operations. City: The City of Anaheim, a municipal corporation. City Clerk: The City Clerk of the City of Anaheim, California City Council: The City Council of the City of Anaheim, California Class of Water Service: The categories of water service established by the various Rate Schedules. The classes of service are Residential Service, General Water Service, Private Fireline Service, Temporary Service and Municipal Water Service. Customer: The person in whose name service is rendered as evidenced by the contract or agreement for that service, or, in the absence of a signed instrument, by the receipt of bills or summary bills regularly issued in his name regardless of the identity of the actual user of the service. A customer may also be a party with whom the City of Anaheim is doing business, with or without a billing relationship, or who is receiving benefit of utility service under another party's name. Customer Information System (CIS): The computer database and information system that contains all billing and personal data pertaining to utility customers of the City of Anaheim including billing rates, historical utility consumption, associated charges and meter information. The focus of the system is at the customer level supported by premise and service levels. Customer's Mailing Address: The address specified in a Customer's application or contract, or any other address subsequently given to the Utility by the customer, to which any notice or other communication is to be mailed. Date of Presentation: The date upon which a bill or notice is mailed or delivered by the Utility to the customer. Debt Service: Cash required over a given period of time for the repayment of interest and principal on borrowed funds. Distribution Mains: Pipelines located in streets, highways, public ways or private rights -of -way, exclusive of service connections, which are used to serve the general public with water. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 20 -024 Dated: 03 -18 -0 8 General Manager CITY OF ANAIIELNt Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 %'PATER RATES, RULES AND REGULATIONS RULE NO. 1 DEFINITIONS Page No. 3.1.2 East Santa Ana Canyon Area: That portion of land which is subject to terminal reservoir storage fees and transmission main fees as provided for in Rule 15 -C of the Water Rates, Rules and Regulations. Fire Service: The piping, fittings, and valving necessary to conduct water for fire protection purposes from the distribution main to and through the fireline assembly detector check valve. General Manager General Manager of the City of Anaheim, Public Utilities Department or a designee. General Water Service: The class of water service to commercial and industrial consumers, and all other consumers not covered under the other classes of service. Gross Area of Applicant's Property: The contiguous land area owned or controlled by an applicant, including streets, but excluding open areas for which water service will not be required within a Special Facilities District, plus one -half of the land area of the abutting streets to which legal, recorded access exists at the time of application for water service. High Elevation System: The portion of the Utility's service area which cannot be served by gravity from the August F. Lenain Filtration Plant. Intermittent Service: Service which, in the opinion of the Utility, is subject to discontinuance for a time or at intervals. Jurisdiction: A specified area within which a rate schedule or schedules apply. Low Elevation System: The portion of the Utility's service area which can be served by gravity from the August F. Lenain Filtration Plant. Mailed: Any notice or other communication will be considered "mailed" when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office Box, postage prepaid. Main Extension: The extension of water distribution mains beyond existing facilities in accordance with the provisions of the rule applicable to main extensions filed as part of these tariff schedules. Meter: The instrument used for measuring the water delivered to the Customer. Month: A thirty -day period. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: -I40 Dated: 07 -25 -95 General Manager CITY OF ANAIIF,IM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. I DEFINITIONS Page No, 31 1,3 Multi- family Accommodation: An apartment building, duplex, mobilehome park, court group, or any other group of residential units located upon a single premises, providing the residential units therein meet the requirements for a single - family accommodation. Hotels, guest or resort ranches, tourist camps, motels, auto courts, and trailer courts, consisting primarily of guest rooms and/or transient accommodations, are not classed as multi - family accommodations. Multiple Occupancy Building: A building of multiple occupancy provided with continuous out wall construction including, but not limited to, apartments, condominiums, townhouses, and commercial buildings. Municipal Service: Utility Services supplied to City of Anaheim departments. Permanent Service: Service which, in the opinion of the Utility, is of a permanent and established character. This service may be continuous, intermittent, or seasonal in nature. Person: Any individual, partnership, corporation, public agency, or other organization operating as a single entity. Planning Department: The Planning Department, Building Division, of the City of Anaheim, California. Point of Delivery: The point where the piping of the Utility is connected to the piping of the customer, regardless of the location of the Utility's meter. Premises: All of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or quasi - public institutions, by a dedicated street, highway, or other public thoroughfare, or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served. Primary Distribution Mains: The system of distribution mains which forms a grid to supply water to all portions of the Water System. These mains generally are located within secondary and higher classification streets, but may be in other rights -of way. Public Utilities Board: The Public Utilities Board as appointed by the City of Anaheim City Council. Rate Area: A specified area within which a rate schedule or schedules apply. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.:9 -140 Dated: 07 -25 -95 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 NVATFR RATES, RULES r'tND REGULATIONS RULE NO. 1 Rate Charges: Charges in the rate schedules may include the following: rage No, 3.1.4 Commodity Charge: That portion of the charge for service which varies with the amount of water consumed in accordance with the rate schedule. Customer Charge: That portion of the charge for service which is a fixed amount without regard to water consumption in accordance with the rate schedule. Minimum Charge: The least amount for which service will be rendered in accordance with the rate schedule. Rate Schedule: May be one or more tariff pages setting forth the charges and conditions for a particular class or type of service at a given location. A Rate Schedule, as referred to herein, shall include all the wording on the applicable tariff page or pages, including but not limited to, the following: Schedule Number, Class of Service, Character or Applicability, Territory, Rates, Conditions, and reference to a Rule or Rules. Residential Service: The class of water service supplying water to single and multi - family accommodations for household purposes, including water used on the premises for sprinkling lawns, gardens and shrubbery; washing vehicles, and other similar and customary purposes pertaining to single or multifamily accommodations. Residential Unit: A residential dwelling unit consisting of a room or group of rooms which do not qualify as single- family dwellings. Residential UniLs may be used as permanent primary dwellings, as transient tenant accommodations, and by organizations or groups of persons. When a Residential Unit is used as a permanent primary residence, use shall be domestic service. When such units used by a transient tenant, an organization, or a group of persons, use shall be nondomesdc or general service. Revenue: Amount realized from the selling of goods or services before customer discounts or uncollectible write -offs are applied. This does not include amounts collected from sources that are to be deferred in accordance with Financial Accounting Standard number 71 . Rules: Tariff pages which set forth the application of all rates, charges and services when such applicability is not set forth in and as a part of the rate schedules. Seasonal Service: Service to establishments or domestic units which receive variations in Rate Schedules based on summer or winter seasonal periods. Secondary Distribution System: All water distribution facilities which supply water from the primary distribution system or primary distribution mains to the service connection. These facilities are generally located within collector and local streets, but may be on other rights -of -way. The secondary distribution system includes, but is not limited to: mains, pressure regulators, and fire hydrant installations. Service Connection: The pipe or tubing, fittings, and valves necessary to conduct water from the distribution main to and through the meter. Single - Family Dwelling or Accommodation: A house, apartment or other dwelling unit which is used as a residencee by a single family. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2008R -024 Dated; 03.1 8 -08 General Manager i -- CITY OF AI\AII[ IN4, Utilities Financial Services 701 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. I DEFINITIONS Page No. 3.1.5 Special Facilities: Pumping and storage facilities needed to serve the High Elevation System. Special Facilities Charge: The charge made to cover the cost of the Special Facilities in the High Elevation System. This charge shall be computed by multiplying the gross area of applicant's property times the Special Facilities Charge Rate. Special Facilities Charge Rate: The average rate to be charged per acre, or fraction of gross area of applicant's property. This rate is computed by dividing the gross area of the Special Facilities District into the cost of Special Facilities required to supply the District. Special Facilities District: An area within the High Elevation System where a Special Facilities Charge is calculated by the Utility to pay for the Special Facilities within that area. Summary Bill: A customer account billing statement that includes charges for multiple service locations. Any customer with a minimum of two service locations with single or multiple utility services can choose to receive a summary bill. Tariff Page: An individual page of the tariff schedules. Tariff Schedules: The entire body of effective rates, rentals, charges, and rules collectively of the Utility, as set forth herein, and including title page, preliminary statement, rate schedules, and rules. Temporary Service: Service for enterprises or activities which are temporary in character or where it is known in advance that service will be of limited duration. Service, which in the opinion of the Utility, is for operations of a speculative character or the permanency of which has not been established, also is considered temporary service. Tract or Subdivision: An area which may be identified by filed subdivision plans or as an area in which a group of dwellings may be constructed about the same time, either by a large scale builder or by several builders working on a coordinated basis. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 95R -140 Dated: 07 -25 -95 General Manager (TI - Y OF ANAHEIM C tilities Financial Services 2o}l S. Anaheim Blvd, Anaheim, CA 92805 WATER RATIOS, RULES AND REGULATIONS RULE NO. I DEFINITIONS Utility: The City of Anaheim - Public Utilities Department. Page No. 3.1 ,6 Utility's Operating Convenience: The term refers to the utilization, under certain circumstances, of facilities or practices not ordinarily employed which contribute to the overall efficiency of the Utility's operations; it does not refer to customer convenience or to the use of facilities or adoption of practices required to comply with applicable laws, ordinances, rules or regulations, or similar requirements of public authorities. Water Service Area: The geographic area wherein the City of Anaheim is the designated public water service provider. Water System: The infrastructure needed to provide and deliver water to customers within its water service area, including all water mains, service connections, meters, fire hydrants, pressure reducing stations, groundwater wells, pumping stations, reservoirs, and other related facilities. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 99R -142 Dated: 06 -22 -99 General Manager CITY OF ANABEIM WATER RATES, RULES Utilities Financial Services AND REGULATION'S 201 S. Anaheim Blvd. Page No. 3.5.1 Anaheim, CA 92805 RULE NO. 5 SPECIAL INFORMATION REQUIRED ON FORMS A. CONTRACTS Each contract for water service shall contain the following provision: "This contract shall at all times be subject to such changes or modifications by the City Council of the City of Anaheim as said City Council may, from time to time, direct in the exercise of its jurisdiction," B, UTILPI Y BILL The following statements will be printed on each utility bill: I. `Bill or summary hill is due and payable upon receipt." Payment should be trade to the City of Anaheim or an authorized agent - 2. "PROCEDURES FOR PROCESSING PAYMENT OF DISPUTED UTILITY BILL Should you have a question regarding this bill or summary bill, please request an explanation from the Customer Services Division of the City of Anaheim, within 10 days after receiving the bill. Your request may be made by telephone (714 254 -0125) or in writing (Customer Service Manager, Public Utilities Department, P.O. Box 3222, Anaheim, California 92803). If, after you receive the explanation from Customer Service, you still believe you have been billed incorrectly, you have ten days to send your entire remittance (payable to the City of Anaheim) with the bill or summary bill and a written statement setting forth the reasons why you believe the bill or summary bill is not correct to the General Manager, Public Utilities Department, P.O. Box 3222 Anaheim, California 92803, to avoid discontinuance of service. Upon timely receipt of the written statement, the General Manager will review the basis of the billed amount and communicate the results of the review and decision to the customer. If the matter is not satisfactorily resolved with the General Manager, you may petition the Public Utilities Hearing Board for final determination. In the absence of a timely filed appeal, the decision of the Public Utilities General Manager will be final." C. DISCONTINUANCE OF SERVICE NOTICE (48 hr. final notice) The following statement will be printed on each discontinuance of service notice: "If payment is not. received by 5:00 p.m. on the date shown above your service will be disconnected without further notice. Full payment of the bill or summary bill plus any reconnection charges will be required prior to any restoration of services. A deposit may be required to reestablish your credit, whether or not service is disconnected for nonpayment." "Tampering with meter or unauthorized breaking of seal constitutes a misdemeanor. Charges for equipment replacement must be paid in advance of restoring the service." (Continued) ISSUED BY: Effective: 09 -01 -95 by Resolution No.: 95R -140 Dated: 07 -25 -95 Edward K. Aghjayan Superseding Resolution No.: 93R -195 Dated: 10 -05 -93 General Manager C ITY 0 F ANAHEIM W'ATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.5.2 Anaheim, CA 92805 RULE NO. 5 SPECIAL INFORMATION REQUIRED ON FORMS C. DISCONTINUANCE OF SERVICE NOTICE (Continued) The following statement will be printed on each discontinuance of service notice: "If service, disconnection becomes necessary, a reconnection charge must be paid for the service(s) disconnected, in addition to the amount of your bill, before service can be restored. A collection fee is also required if you wish our field representative to accept your payment. A deposit or additional deposit may also be required." D. REQUEST FROM RESIDENTIAL OCCUPANT (TENANT) TO BECOME CUSTOMER If a landlord in a land I ord/resi denti al tenant relationship is responsible for the payment of the water utility bill and the account is in arrears, the residential occupant (tenant) shall have the right to become the Customer without being required to pay the amount due on the landlord's delinquent account. In order for the Utility to make service available, the residential occupant (tenant) must agree to the terms and conditions of service. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 89R-361 Dated: 08-22--89 General Manager CH Y OF ANAIII I`rt tljtilitics Financial Services 201 S. Anaheim Blvd, Anaheim, CA 92805 IN`ATER RATES, RULES AND REGULATIONS RULE NO. S NOTICES A. NOTICES TO CUSTOMER Page No 3,8.1 I. When notices from the Utility to a customer are required, they will normally be given in writing, either mailed I st class to the customers mailing address specified in the customer's application for service or to any address subsequently specified by the customer or delivered or posted in the local newspaper of record, except that in emergencies the Utility may personally give notices in the manner most suitable under the existing conditions (radio, T.V., telephone, etc.). 2. Where utility service is provided to residential, commercial, or industrial users through a master meter, the City shall make every good faith effort to inform the actual users of the utility service when the account is in arrears that service will be discontinued in 15 days. For residential units, written notice shall be posted on the door of each residential unit at least 15 days prior to termination. If it is not reasonable or practicable to post the notice on the door of each residential unit, the Utility shall post two copies of the notice in each accessible common area and at each point of access to the structure or structures. The notice shall further inform the residential occupants that they have the right to become utility customers, to whom the service will then be billed, without being required to pay the amount due on the delinquent account. The notice shall specify: what the residential occupants are required to do in order to prevent the termination or reestablish services; the estimated monthly cost of service; the title, address, and telephone number of a representative of the utility who can assist the residential occupants in continuing service; and the address and telephone number of a legal services group. This notification will be presented in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. 3. If water service is provided using an individual meter and the landlord is responsible for payment of the utility hill, the City shall make every good faith effort to inform the actual users of the utility service when the account is in arrears that service will be discontinued in 10 days. For residential units, notice shall be in writing and further inform the residential occupants that they have the right to become utility customers without being required to pay the amount due on the delinquent account and to whom the service will then be billed. This notification will be presented in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. B. NOTICES FROM CUSTOME Notices from a customer to the Utility may he given by written communication mailed to the Utility's office or may be given orally by him or his authorized agent at the Utility's office except when written notice is specifically required in tariff schedules or in any written agreement. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 8911-361 Dated: 08 -22 -89 General Manager CITY GT' A.NAI FT,?A WATER RATES, RULES Utilities Financial Scrvices AND REGULATIONS 201 S. Anaheim Blvd. Page No, 3.11.I Anaheim CA 92805 RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE A. PAST DUE BILLS Bills or summary bills rendered will be considered past due if not paid within fifteen (15) days after date of presentation. NO NPAYMENT OF BILLS When a bill or summary bill for utility service has become past due and an overdue notice and final notice have been issued, service may be discontinued if the bill or summary bill is not paid within the time required by such notice. A charge will be assessed if personal notification is delivered. Any customer who contests a bill or summary bill and has initiated a complaint or requested an investigation within 5 days of receiving said bill shall not have service discontinued for nonpayment during the pendency of an investigation by the City of such customer's dispute or complaint. Services shall not be discontinued for nonpayment for any customer complying with an amortization agreement entered into with the City, provided the customer also keeps current the account for utility services as charges accrue in each subsequent billing period. If a customer fails to comply with an amortization agreement, the City will give a 7 -day discontinuance of service notice before discontinuing services, but such notice shall not entitle the customer to further investigation by the City. If in a landlord /residential tenant relationship a landlord is responsible for payment of the water utility bill and the service is through a master meter, Utility shall not terminate residential occupant (tenant) service during the pendency of an investigation by the Utility of a customer dispute or complaint, even if the customer does not keep current the account for utility services or if the customer has been granted an extension of the period for payment of a bill, 2. Utility services to a domestic customer will not be discontinued for non - payment when the customer has established to the satisfaction of the City that such termination would be especially dangerous to the health of the customer or a full time resident of the customer's household. Certification from a licensed physician, public health nurse, or a social worker may be required by the City. The City shall make available to customers, upon request, information regarding agencies and/or organizations that may provide financial assistance.. If in a landlord/residential tenant relationship a landlord is responsible for payment of the water utility bill and the service is through a master meter, Utility shall not terminate residential occupant (tenant.) service if a public health or building officer certifies that termination would result in a significant. threat to the health or safety of the residential occupants or the public. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 95R -140 Dated: 07 -25 -95 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. f I DISCONTINUANCE AND RESTORATION OF SERVICE B. NONPAYMENT OF BILLS (Continued) Page No. 3.11.2 3. A customer's service may he discontinued for nonpayment of a bill or summary bill for service previously rendered him at any location served by the Utility provided such bill is not paid within 15 days after presentation of a notice that present service will be discontinued for nonpayment of such bill or summary bill for prior service. However, residential service will not be discontinued because of nonpayment of bills for other classes of service. An exception exists in a landlord /residential tenant relationship where a landlord is responsible for payment of the water utility bill and the service is through a master meter: Utility shall not terminate residential occupant (tenant) service if a delinquent account relates to another property owned, managed, or operated by the customer. 4. If a customer is receiving more than one service, any or all services may be discontinued when any service, regardless of location, is discontinued for nonpayment. However, residential service will not be discontinued because of nonpayment of bills or summary bills for other classes of service. An exception exists in a landlord/residential tenant relationship where a landlord is responsible for payment of the water utility bill and the service is through a master meter; Utility shall not terminate residential occupant (tenant) service if a delinquent account relates to another property owned, managed, or operated by the customer. Under no circumstances may service be discontinued for nonpayment of a bill or summary bill to correct previously billed incorrect charges for a period in excess of the preceding three months, unless such incorrect charges have resulted from the customer not abiding by the tariff' schedules. Bills or summary bills collected on the premises by a field utility representative shall include a collection fee. This charge is contained in Rule 21. On any Saturday, Sunday, legal holiday recognized by the City of Anaheim, or at any time during which the business office of the City is not open to the public, service will not be discontinued by reason of delinquency in payment for utility services. C. UNSAFE EQUIPMENT The Utility may refuse or discontinue service to a customer if any part of his plumbing or other equipment, or the use thereof, shall be determined by the Utility to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or if any (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 95R-140 Dated: 07 -95 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd, Page No. 3.11.3 Anaheim, CA 92805 RULE NO. II DISCONTINUANCE AND RESTORATION OF SERVICE C. UNSAFE EQUIPMENT (Continued) condition existing upon the customer's premises shall be thus determined to endanger the Utility's service facilities, until it shall have been put in a safe condition or the violation remedied. The Utility does not assume any responsibility of inspecting or repairing the customer's plumbing or other equipment or any part thereof and assumes no liability therefor. D. SERVICE DF,TRIMENTAL TO OTHER CU The Utility will not provide service to any equipment, the operation of which will be detrimental to the service of the Utility or its other customers, and will discontinue water service to any customer who shall continue to operate such equipment after having been given notice by the Utility to cease so doing. E. FRAU The Utility may refuse or discontinue service if the acts of the customer or the condition upon his premises are such as to indicate to it an intent to defraud the Utility. A fee will be collected for the investigation of acts of fraud and/or diversion as referenced in Rule 21. F. FAILURE TO ESTABLISH OR REESTABLI CREDIT If, for an applicant's convenience, the Utility should provide service before credit is established or should continue service to a customer when credit has not been reestablished in accordance with Rule No. 6, and the customer fails to establish or reestablish his credit, the Utility may discontinue service. G. NONCOM Except as otherwise specifically provided in this Rule No. 11, the Utility may discontinue service to a customer for noncompliance with tariff schedules if, after written notice of at least five (5) days, he has not complied with the notice. The Utility may dispense with the giving of such notice in the event there exists in the Utility's opinion a dangerous condition, thus rendering the immediate discontinuance of service to the premises imperative. (Continued) ISSUED BY: Effective: 03_24 -93 by Resolution No.: 9311-45 Dated: 03 - -93 Edward K. Aghjayan Superseding Resolution No.: 72 -600 Dated: 12 -19 -72 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 NVATI R RATES, RULES AND REGULATIONS RULE NO. It DISCONTINUANCE AND RESTORATION OF SERVICE H, CUSTOMER'S REQUEST FOR PERMANENT SERVICE DISCONTINUANCE Page No. 3.1 1.4 When a customer desires to terminate his responsibility for service, he shall give the Utility not less than two days' notice of his intention, state the date on which he wishes the termination to become effective, and provide the Utility with the address to which the closing bill should be mailed. A customer may be held responsible for all service furnished at the premises until two days after receipt of such notice by the Utility or until the date of termination specified in the notice, whichever date is later. CUSTOMER'S REQUEST FOR TEMPORARY DISCONTINUANCE OF SERVICE Where the use of water is seasonal or intermittent, no adjustment will be made for a temporary reduction of usage. Any customer who resumes service within twelve months must pay all charges that would have been billed had service been continuous. RESTORATION -- RECONNECTION CHARGE Customer shall pay a reconnection charge for each incident in which the service(s) were disconnected before restoring service that has been discontinued for nonpayment of bills or for failure otherwise to comply with tariff schedules. If services) have been restored illegally or damaged due to tampering, the customer must pay all damage charges prior to reconnection. The customer and/or beneficiary of service is responsible for all damage charges whether or not service is reconnected. If customer requests restoration/reconnection on a day when maximum workload has been scheduled, customer shall pay an additional charge. These charges are contained in Rule 21. K. CUSTOMER'S REQUEST FOR TEMPORARY SHUT -OFF AND RESTORATION SERVICES When, at the request of the customer, the Utility is requested to shut off service temporarily, a shut -off charge will be required. Also, when service is then restored, a reconnection charge will be required. The Shut -off Charge and Reconnection Charge are contained in Rule 21. L. REQUEST FROM RESIDENTIAL OCCUPANT (TENANT) TO BECOME CUSTOMER If a landlord in a landlord/residential tenant relationship is responsible for the payment of the water utility and the account is in arrears, the residential occupant (tenant) shall have the right to become the Customer without being required to pay the amount due on the landlord's delinquent account. In order for the Utility to make service available, the residential occupant (tenant) must agree to the terms and conditions of service. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 99R -142 Dated: 05 -22 -99 General Manager