Item 27 - Ord. Amending the Muni. Code to Comply with the State's Water Shutoff Protection Act

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Ordinance No. NS-XXXX Page 2 of 15 shall be established by resolution of the city council. Such refuse service charge is imposed to provide for the continuing availability of curbside service and shall be due and payable in accordance with the terms of said resolution regardless of actual use thereof or of any interruptions or delays in such service, except to the extent reductions or refunds may be specifically authorized or directed by the executive director of public works or his or her their designee or by the executive director of finance and management services or his or her their designee. (b) For purposes of administrative convenience, the city council may establish billing units for payment of the said service charge consisting of one (1) or more occupancies within one (1) or more parcels. The said total refuse service charge reflecting the number of billable units shall be billed as provided in section 39 -20 as part of the city's regular consolidated municipal utility services account/billing statement but shall be listed as a separate line item on the municipal utility services account/billing statement. (c) A penalty of ten (10) percent shall be assessed on all unpaid refuse service charge bills thirty (30) days after the billing date. No penalty, however, will accrue until thirty (30) days after the date that the bill has been presented and determined to be delinquent in accordance with section 39-20. (d) The said refuse service charge and any penalties accrued for failure to make timely payment therefore shall be a civil debt owing to the city. (e) In the event the occupant(s) of any property or premises, having registered a municipal utility services account and transferred municipal utility services into their own name as tenant(s), thereafter quit or otherwise vacate the premises, then responsibility for future municipal utility services charges, including refuse charges, shall revert default to the municipal utility services account of the property owner in accordance with section 39-16. It is the property owner’s obligation to contact the city to update billing records when a tenant vacates or a transfer of responsibility is necessary. (f) In addition to all other civil remedies for collection of such indebtedness, in the event that the owner and occupant of the premises or property receiving refuse service are the same, then said civil debt against such customer or person shall be subject to special assessment and lien against said property in the manner provided by law. Establishment of a lien against the property shall remove said refuse charge(s) from the city's regular consolidated municipal utility services account/billing statement and toll the accrual of additional penalties therefore under this section and section 39-20. (g) Charges for bin service, roll-off container service or for collection services more frequent or more extensive than that provided in this article for curbside servic e shall be paid directly to the city's solid waste collection contractor in accordance with such regulations as shall be established by contract or resolution of the city council. Section 3. Section 18-603 of Article XII (Sanitation Services Users Charge) of Chapter 18 (Health and Sanitation) of the Santa Ana Municipal Code is hereby amended to read as follows (additions are underlined and deletions are stricken):