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<br />Ordinance No. NS-XXXX <br />Page 7 of 15 <br /> <br />owner of the premises where the water service is being provided. Within the <br />meaning of this chapter, a transfer of responsibility for water service charges <br />occurs when any of the following conditions are met: <br />(1) The owner or other customer possessing the legal right to act as a lessor, <br />or his authorized agent, informs the department of finance that a tenant <br />has assumed lawful control of the property or premises or that there has <br />been a change of lawful tenants; alternatively, the initial tenant or a new <br />incoming tenant informs the department of finance that they have <br />assumed lawful control of the property or premises. The property owner, <br />authorized agent, or other customer possessing the legal right to act as <br />an owner or lessor, informs the department of finance that a tenant has <br />assumed lawful possession of the premises or that there has been a lawful <br />change in possession by a new tenant, and the department can confirm <br />with the tenant that such a change occurred , and the tenant agrees to <br />assume responsibility for water service charges moving forward. <br />Alternatively, a tenant independently informs the department of finance <br />that they have assumed lawful possession of the premises and desires to <br />assume responsibility for water service charges. <br />(2) A lease or other rental agreement (signed by the owner or his authorized <br />agent) is provided, clearly specifying that the named tenant shall be <br />responsible for municipal utility services in tenant's own name. A triple-net <br />lease or other written agreement obligating a tenant to pay charges for <br />water services and other municipal utility services provided to the property <br />or premises in the name of the owner or lessor shall not constitute a <br />transfer in responsibility, and liability for the payment of water charges <br />shall be deemed to remain with the owner or lessor . A written lease or <br />other rental agreement (signed by the owner, or their authorized agent, <br />and the tenant) is provided, clearly specifying that the named tenant shall <br />be responsible for municipal utility services directly with the utility provider, <br />and the tenant agrees to assume responsibility for water service charges. <br />(3) A recorded deed or other government-issued record is provided indicating <br />that a property was purchased by a new owner , and the new owner <br />contacts the City to assume responsibility for water service charges. <br />Property owners, whether in the sale or acquisition of real property, are <br />responsible for the transfer of responsibility and determining who is the <br />appropriate customer of record with the City. The customer of record will <br />be held liable for the payment of water service charges and other <br />municipal utility services at the premises. <br />(4) In accordance with the Water Shutoff Protection Act, California Health and <br />Safety Code §§ 116900, et seq., as amended from time to time. <br />(c) Deposit. Each applicant, except for the property owner of record, shall make a <br />water service deposit at the time of making an application for turning on water or <br />transfer of responsibility in an amount as set forth by resolution of the city council. <br />The deposit may be refunded or applied as an account credit if and when all <br />municipal utility services account bills rendered have been paid before their <br />delinquent date for a period of one (1) year.