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Item # 36
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: Water Shutoff Protection Act
AGENDA TITLE
Second Reading of an Ordinance Amending the City of Santa Ana Municipal Code
Article II (Solid Waste Collection Regulations) of Chapter 16 (Garbage, Trash and
Weeds), Article XII (Sanitation Services Users Charge) of Chapter 18 (Health and
Sanitation), and Article II (Water) of Chapter 39 (Water and Sewers) to Comply with the
Water Shutoff Protection Act
Legal notice published May 24, 2024 on the Orange County Reporter.
RECOMMENDED ACTION
Conduct a second reading and adopt an ordinance to amend Chapter 16 Article II (Solid
Waste Collection Regulations, Chapter 18 Article XII (Sanitation Servicer User Charge),
and Chapter 39 Article II (Water and Sewers) of the Santa Ana Municipal Code
ORDINANCE NO. NS-3065 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING ARTICLE II OF CHAPTER 16, ARTICLE XII OF
CHAPTER 18, AND ARTICLE II OF CHAPTER 39 OF THE SANTA ANA MUNICIPAL
CODE TO COMPLY WITH THE WATER SHUTOFF PROTECTION ACT
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
At the May 21, 2024 meeting, the City Council approved the first reading of an
ordinance amending Chapter 16 Article II (Solid Waste Collection Regulations, Chapter
18 Article XII (Sanitation Servicer User Charge), and Chapter 39 Article II (Water and
Sewers) of the Santa Ana Municipal Code. The City Council voted 6-0 on the item. Staff
return the ordinance to the City Council for its second reading. If adopted by the City
Council in today's meeting, the ordinance will go into effect 30 days after, on July 4,
2024.
FISCAL IMPACT
There is no fiscal impact associated with this action. All administrative fees and charges
are collected through the City's municipal utility billing services.
Water Shutoff Protection Act
June 4, 2024
Page 2
EXHIBITS
1. Ordinance No. NS-3065
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Alvaro Nunez, Acting City Manager
EXHIBIT 1
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLE II OF CHAPTER 16,
ARTICLE XII OF CHAPTER 18, AND ARTICLE II OF
CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE TO
COMPLY WITH THE WATER SHUTOFF PROTECTION ACT
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
WHEREAS, the California Water Shutoff Protection Act (Health and Safety Code
Sections 116900, et seq.) became effective January 1, 2019. The Water Shutoff
Protection Act prohibits residential water service from being discontinued under specified
circumstances.
WHEREAS, Executive Order N-42-20 which prohibited the discontinuation of
water service due to the COVID-19 pandemic, and other applicable orders, expired in
February 1, 2022; and,
WHEREAS, the Santa Ana City Council desires to ensure that water service
remains fiscally stable and well -maintained for the health and betterment of the
community; and,
WHEREAS., the Santa Ana City Council wishes to amend the various sections of
the Municipal Code to adhere to the regulations and requirements set forth in the State
of California's Water Shutoff Protection Act to resume permitted water shutoffs due to
nonpayment. Due to the fact the City's refuse, sanitation, sewer services are bundled
with water services, various sections of the Municipal Code require revision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
Section 1. Recitals. The recitals above are true, correct and each incorporated
herein by reference and adopted as findings by Santa Ana City Council ("City Council").
Section 2. Section 16-35 of Article II (Solid Waste Collection Regulations) of
Chapter 16 (Garbage, Trash and Weeds) of the Santa Ana Municipal Code is hereby
amended to read as follows (additions are underlined and deletions are stricken):
Sec. 16-35. Service charges.
(a) Owners and/or occupants of any improved parcel of real property in the city, as
shown on the latest county assessment roll, except any parcel receiving bin or roll -
off service exclusively, shall pay to the city a solid waste collection service charge
(refuse service charge) in such amounts, at such times, and in such manner as
Ordinance No. NS-XXXX
Page 1 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 afite� the date.billire PGRalty, hewey r�aGGFU8-YRtil
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 row 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 service
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):
Ordinance No. NS-XXXX
Page 2 of 15
Sec. 18-603. Payment of bills and penalties.
(a) Date payment due. Bills for the sanitation charges made pursuant to this article
and penalties, if any, are due and payable at the department of finance at the same
time and in the same manner as all other parts of the regular consolidated
municipal utility services account/billing statement.
(b) Penalties. A penalty of ten (10) percent shall be assessed on all unpaid sanitation
charges and/or prior sanitation charge related penalties thirty (30) days after the
billing date No penalty,wevor�llaGnri i� unti! thirty 3 ) days after the date
that bill has been presented and determined to be delinquent in accordance
with section 39-20.
(c) Civil debt. Sanitation service charges and any corresponding penalties accrued for
failure to make timely payment therefore shall be a civil debt owing to the city.
Section 4. Section 39-15 of Article II (Water) of Chapter 39 (Water and Sewers) of
the Santa Ana Municipal Code is hereby amended to read as follows (additions are
underlined and deletions are stricken):
Sec. 39-15. Definitions.
As used in this article:
Afterhours means that period of time allotted by the finance director for the
performance of unscheduled water service turn on or turn off, occurring after the
regularly established hours for the performance of scheduled water service turn on
or turn off, as set by the director of finance.
Agency means public works agency, City of Santa Ana.
Applicant means an individual, partnership, association, corporation,
receivership, trust, trusteeship, or agency of government, or other legal entity
recognized by the laws of the state or of the United States applying for water
service.
Backflow preventer means an approved device or means to prevent backflow
into the city's potable water system.
Common area amenities means areas within residential, commercial, or
industrial developments for the common use of residents or workers managed by the
owner or 4 s their agent, including but not limited to, rental offices, club houses,
picnic areas, drinking fountains or filling stations, exercise rooms, and swimming
pools.
City means the City of Santa Ana.
Cost means charges and/or fees which include the cost to the city of labor,
materials, equipment, and overhead.
Ordinance No. NS-XXXX
Page 3 of 15
Customer means an individual, partnership, association, corporation,
receivership, trust, trusteeship, or an agency of government or other legal entity
recognized by the laws of the state or of the United States receiving water service.
Date of presentation means the date upon which a bill or notice is mailed to the
customer at their mailing address of record, or in the event that a customer has
signed up for electronic billing, the date upon which electronic notice is given to the
customer at their electronic mailing address of record.
Director of finance or finance director means the chief administrative officer of
the department of finance and management services or 4s their authorized
designee.
Director of public works means the chief administrative officer of the public
works agency, City of Santa Ana, or I#s their authorized designee.
Department of public works or public works department means the public works
agency.
Department of finance or finance department means the finance and
management services agency.
Due date means the date by which a bill must be paid by the customer to avoid
delinquency charges, penalties, or other fees as a result of late payment, which is
fourteen (14) days from the billing statement date, except when the 14t" day falls on
a weekend, cityholiday, or city hall closure day, such bills will be due on the next
following city business day. This date will be printed on all account/billing statements
provided to customers.
Fee means the amount established by resolution of the city council which is
intended solely to cover the reasonable administrative costs (time, materials,
overhead) incurred in performing any specified act on behalf of any person or at any
person's request for which said person shall be liable.
Gender pronouns: The masculine includes the feminine and neutral genders.
Greywater means untreated wastewater that has not been contaminated by any
toilet discharge; has not been affected by infectious, contaminated, or unhealthy
bodily wastes; and does not present a threat from contamination by unhealthful
processing, manufacturing, or operating wastes. Greywater includes, but is not
limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes
washing machines, and laundry tubs, but does not include wastewater from kitchen
sinks or dishwashers, or as otherwise defined by the California Health and Safety
Code.
Main means the distribution pipe line located in a street, highway, public
easement, or private right-of-way which is used to serve the general public.
Master meter means a meter, read by the city, that measures water usage for
an entire property or structure, which may include common areas.
Ordinance No. NS-XXXX
Page 4 of 15
Meter means any suitable water measuring device or facility which measures or
determines the volumetric flow of water.
Multi -family dwelling/accommodation means an apartment building, apartment
house, condominium complex, or any other group of residential units located upon a
single premises, including mobile home parks, providing the residential units therein
meet the requirements for a single family accommodation. Hotels or motels
consisting primarily of guest rooms and/or transient accommodations are not
classified as multifamily accommodations.
Municipal utility services account/billing statement means the consolidated
account and/or billing statement to which refuse service charges, sanitation service
charges, sewerage service charges and other sewerage related charges and fees,
water commodity consumption charges, and other related water service charges and
fees (including fire line service charges), together with corresponding penalties, as
applicable, shall accrue and/or are stated.
Parcel means a division of land as shown in the Orange County Assessor's
Book.
Person means an individual, partnership, association, corporation or an agency
of any governmental organization, receivership, trust, trusteeship, or other legal
entity recognized by the laws of the state or of the United States.
Premises or service address means the integral property or area, including
improvements thereon, to which water service is provided or for which an application
for water service is filed.
Private fire protection service means provision of stand-by readiness to serve
water to premises through a separate fire service line connection for fire protection
only, such fire service lines to be connected to automatic sprinkling system, hose
attachments, or hydrants.
Property owner or owner means the record owner of real property, as shown on
the most recently issued equalized assessment roll.
Recycled water means treated wastewater supplied by Orange County Water
District from the Green Acres Project, or treated wastewater of comparable quality
from such other water recycling system as the city shall designate.
Service area means all area within the city limits and the area served outside
the city limits.
Service charge or service related charge shall mean any commodity
consumption cost, whether measured by consumption or volume or whether applied
as a pass -through adjustment rate, or any fixed amount or variable schedule of
amounts authorized herein or authorized elsewhere in this chapter or Code relating
to refuse, sanitation, sewerage, and water (including fire line service), as established
by resolution of the city council.
Submeter means a device that measures water consumption of an individual
unit within a multiunit residential structure or mixed -use residential and commercial
Ordinance No. NS-XXXX
Page 5 of 15
structure, and that is owned and operated by the owner of the structure or the
owner's agent.
Temporary service means a water service through a city -owned fire hydrant for
special outdoor events, fairs, construction work, irrigation of vacant property, and
similar uses which, because of their nature, will not be permanent.
Tenant improvement means changes made to the interior and exterior of a
commercial or industrial property to accommodate the needs of tenants, including
but not limited to, partitions, air conditioning, electrical, plumbing, fire protection, and
security.
Theft of water means the taking of water from any city water main, hydrant,
service, or facility without a meter or the written permission of the city in the form of a
permit or application as provided for in the provisions of this article.
Unit of water means one hundred (100) cubic feet.
Water facilities means water distribution and treatment components, individually
or as a whole, operating to provide storage, flow, and pressurized domestic water.
The following components make up water facilities: wells, reservoirs, pipelines,
system valves, control valves, fire hydrants, interties, disinfection treatment,
instrumentation and controls, power distribution, and supervisory control and data
acquisition system.
Water service means the tapping connection, pipe, valves, and other facilities by
means of which water is conducted from the main water line, whether public or
privately owned, to the meter.
Section 5. Section 39-16 of Article II (Water) of Chapter 39 (Water and Sewers) of
the Santa Ana Municipal Code is hereby amended to read as follows (additions are
underlined and deletions are stricken):
Sec. 39-16. Application for turning on water and transfer of responsibility.
(a) Procedures; registration fee. An application to have water turned on or to transfer
responsibility for water charges shall be made to the finance department of the city
in conformance with the procedures established by the director of finance. A
"registration fee" for the administrative cost therefore shall be made; provided,
however, that the reversion of responsibility for water charges from a tenant to a
previously registered property owner or other customer possessing the legal right
to act as a lessor, at the time of the termination of such tenant's tenancy, shall not
constitute a new application for turning on water or transfer of responsibility for
water charges and shall not be subject to the "registration fee".
(b) Transfer of responsibility. The customer of record shall remain a customer of
record until a transfer of responsibility occurs. If no customer is on file with the
City, the customer on record, by default shall be the property owner of the premises
where water service is being provided. If there is ever any dispute as to who should
be the customer of record, by default, the customer of record shall be the property
Ordinance No. NS-XXXX
Page 6 of 15
owner of the premises where the water service is being provided. Within the
meaning of this chapter, a transfer of responsibility for water service charges
occurs when any of the following conditions are met:
(1) The GWReF OF Gth8F GUEAGMeF PGSSeSSiRg the legal right te aGt as a lesser,
or his authorizpdap informs t�departrnent of finance that a tenant
authorized agent, , vmT.r a" r'ur crrrvTrrrrarr
has assumed lawful oentrel of the property er p.promises er that there has
been a Ghanne of lawful tenants; alternatiy, i the initial tenant er a new
Al'GTTCT j GT�CGTTCTCI"Y , initial PY
mC ena��f shed ent of finanrethat th` �i�c
ass rnerd lawful nentrel of the property or premises. The property owner,
authorized agent, or other customer possessing the legal right to act as
an owner or lessor. informs the department of finance that a tenant has
assumed lawful possession of the premises or that there has been a lawful
change in possession by a new tenant, and the department can confirm
with the tenant that such a change occurred, and the tenant agrees to
assume responsibility for water service charges moving forward.
Alternatively, a tenant independently informs the department of finance
that they have assumed lawful possession of the premises and desires to
assume responsibility for water service charges.
(2) A lease or ether rental agreement (sinner) by the ewner er his ai itherized
agent) is provided, peGifyinn that the Ramed t Rant shall he
resppensible fer mi inip�itili�seFVir�ey on tenant's own name A le_Ret
lase er other WFitteR agreement ebligatiRn a teRaRt to pay nharges fer
water serVines and other mi ininipal utility serViGes provided to the preperfii
pyrem � inn_ the e Of the GWR r n�sser shall nnnstiti ite a
`trcranSfer in responsibility and liability for payment of water Gharnes
e
shall -deemed to remaiR with the 9V1 ReF vricvwr A written lease or
other rental aareement (sianed by the owner. or their authorized aaent.
and the tenant) is provided, clear) specifying that the named tenant shall
be responsible for municipal utility services directly with the utility provider,
and the tenant agrees to assume responsibility for water service charges.
(3) A recorded deed or other government -issued record is provided indicating
that a property was purchased by a new owner, and the new owner
contacts the City to assume responsibility for water service charges.
Property owners, whether in the sale or acquisition of real property, are
responsible for the transfer of responsibility and determining who is the
appropriate customer of record with the City. The customer of record will
be held liable for the payment of water service charges and other
municipal utility services at the premises.
(4) In accordance with the Water Shutoff Protection Act, California Health and
Safetv Code �� 116900. et sea., as amended from time to time.
(c) Deposit. Each applicant, except for the property owner of record, shall make a
water service deposit at the time of making an application for turning on water or
transfer of responsibility in an amount as set forth by resolution of the city council.
The deposit may be refunded or applied as an account credit if and when all
municipal utility services account bills rendered have been paid before their
delinquent date for a period of one (1) year.
Ordinance No. NS-XXXX
Page 7 of 15
(d) In the event 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), pursuant to a lease or other rental agreement (signed by the
owner or h-+s their authorized agent) clearly specifying that the named tenant(s)
shall be responsible for municipal utility services in tenant(s), own name, thereafter
quit or otherwise vacate the premises, then responsibility for future charges shall
revert to the municipal utility services account of the property owner.
Section 6. Section 39-19 of Article II (Water) of Chapter 39 (Water and Sewers) of
the Santa Ana Municipal Code is hereby amended to read as follows (additions are
underlined and deletions are stricken):
Sec. 39-19. Water rates, service charges, fees and costs.
(a) Water commodity consumption and service charges.
(1) Commodity charges. Quantitative consumption rates shall be charged in
the amount which the city council shall establish by resolution and in
accordance with applicable law.
(2) Basic service charges. Charges shall be made for services rendered to
provide and maintain a potable water supply and to provide standby
readiness in the amounts established by and for the purposes described
in the resolution adopted by the city council and in accordance with
applicable law.
(3) Multi -family per unit charge. Basic service charges shall be applied to
developments that meet the definition of multi -family
dwelling/accommodation where the individual units are not individually
metered by the city.
(4) Private fire service protection charge (fire line charge). A charge shall be
made for the service rendered to provide readiness to deliver relatively
large quantities of water for short periods of time for on -site private fire
protection and suppression systems in the amounts established by and
for the purposes described in the resolution adopted by the city council
and in accordance with applicable law.
(b) Fees to establish water service. All applicants, prior to connecting to a water main
or prior to an increase in size of an existing water meter or service, shall apply and
obtain a permit to do so and pay the following fees in amounts as established by
resolution of the city council.
(1) New water service application fee — see section 39-17.
(2) Water meter cost and installation fee — see section 39-17.
(c) City is authorized to charge/levy the following administrative and other fees and
deposits in an amount established by resolution of the city council, excepting any
restrictions of imposition of such fees or deposits as detailed in the Water Shutoff
Protection Act, California Health and Safety Code 116900, et seq., as amended
from time to time:
(1) Meter turn on or meter turn off fee during weekdays for new water turn on
services and delinquent accounts — see section 39-20(e).
Ordinance No. NS-XXXX
Page 8 of 15
(2) Afterhours turn on or turn off fee during afterhours and holidays for new
water turn on services and delinquent accounts when requested by
customer — see section 39-20(e).
(3) Special investigation/meter reread fee when requested by customer or
when meter was inaccessible at the time the routine meter read was
attempted by the city — see section 39-20(c).
(4) Meter removal fee or meter resetting fee (to re -install meter when meter
was removed for non-payment or for violation of this Code) — see section
39-20(e).
(5) Meter test fee (when requested by customer) — see section 39-21(a).
(6) Temporary construction meter deposit — see section 39-24.
(7) Temporary construction meter daily rental fee — see section 39-24.
(8) Field collection fee — see section 39-200).
(9) Return payment service fee — see section 39-20(m).
(10) Fire flow test application fee — see section 39-28.
(11) Fire flow test witness fee — see section 39-28.
(12) Backflow preventer third -and -final notice generation fee — see section 39-
29(e).
(13) Water service deposit — see section 39-16(c).
(14) Backflow device testing administrative fee — see section 39-29(e).
(15) Registration fee — application for turning on water and transfer of
responsibility — see section 39-16(a).
(16) Tag fee — see Sec. 39-20(d).
(17) Removal of unauthorized "straight pipe" connections fee — see section
39-20(k).
(18) In street cut-off (of water services) fee — see section 39-20(I).
(19) Meter read trip fee — see section 39-20(e).
(20) Abstract of billing history fee — Whenever a customer of record or his
agent requests a history of charges and/or fees billed to a municipal utility
services account registered in the name of the customer, an abstract of
billing history shall be provided and an "abstract of billing history fee" shall
be added to the customer's next regularly scheduled municipal utility
services account/billing statement. Whenever such request is made by a
third party pursuant to customer's letter of authorization, the fee shall be
payable in advance.
Section 7. Section 39-20 of Article II (Water) of Chapter 39 (Water and Sewers) of
the Santa Ana Municipal Code is hereby amended to read as follows (additions are
underlined and deletions are stricken):
Sec. 39-20. Payment of water bills and penalties; municipal utility services
account/billing statement.
(a) Date payment due. Water commodity consumption charges, and related water
service charges (including any fire line charges), and other fees and penalties shall
be stated as part of a municipal utility services account/billing statement along with
Ordinance No. NS-XXXX
Page 9 of 15
refuse related charges as established pursuant to section 16-38, sanitation related
charges as established pursuant to section 18-601 et seq., sewerage related
charges as established pursuant to section 39.55.1 et seq., and all above related
corresponding associated penalties, and are due and payable to the department
of finance on the due date which is on the date of presentation and honnmo
deloRq eRt thirty (30) days a#er the date Of si inh preGeRtatiGR fourteen (14) days
from the billing statement date except that when the 30th-14th day falls on a
weekend, city holiday, or city hall closure day, such bills shall be due on the next
following city business day. Any charge for water supplied to any customer, or any
related charges or fees (including fire line charges), together with any refuse
service, sanitation service, sewerage service charges, fees, or penalties due to the
city from such customer, or due from any person who has applied for water service,
as herein provided for, shall be added to any billing being currently rendered to
such person, and the same shall become a part of 14s their current municipal utility
services account/billing statement for water service and subject to all of the
provisions of this chapter. Partial payments made upon municipal utility services
account/billing statements shall be applied in the following order:
(1) Refuse service related charges,
(2) Sanitation related charges,
(3) Sewerage service related charges,
(4) Water service commodity consumption charges and related charges
(including fire line service charges) and fees established pursuant to
section 39-19, and
(5) Corresponding penalties and fees as provided respectively under
sections 16-38(c), 18-603(b), 39-55.2(a), and 39-20(d).
(b) Failure of meter to register correctly. If a meter fails to register during any period,
or is known to have registered inaccurately, the customer shall be charged for a
seasonally adjusted average daily consumption for a period of similar duration
determined when the meter was registering accurately.
(c) Meter reread and meter investigation. When a meter box is inaccessible at the time
the routine meter read was attempted by the city or when consumption occurs in
connection with a previously turned off meter, or when a customer requests that
the city verify the accuracy of the read as shown on the bill, the customer shall be
charged a "special investigation/meter reread fee" as established by resolution of
the city council for sending a field representative to the service address to
investigate the meter and obtain a reading or rereading of the meter. If the reading
or rereading shows that the previous read is in error, no special investigation/meter
reread fee will be imposed; otherwise such charge shall be added to the customer's
next regularly scheduled water bill.
(d) Penalties. A penalty of ten (10) percent shall be assessed on the unpaid balance
of all unsatisfied municipal utility services account/billing statement charges and
fees, and penalties thirty (30) days after the presontatinn billing statement date, in
accordance with subsection (a). Thereafter, a pastdue delinquency notice shall be
presented to the customer. On the neXt pity working day followingshe seventh (7th)
Ordinance No. NS-XXXX
Page 10 of 15
water S2fV�co,a diiSGeniinu anco of seFVriE2-F0tir r nen_payment "turn eff
tirn-eff tag"
shall be affixed te the premises and a ntag n
serViGe. Thereafter, SeFViGe may be diSGentinued of the boll is not satisfied within
tome FequiFed by SUGh RGtiGe. QRGe tUFRed off, water SeWiGe shall re-MaiR off W
all
peRalties and fines have been
unless an appliGation
o have
e paid, ,,..,, ,,t.� ,,..,, ,,..,,++
department of finan�feh nge of ownership teRants. The
d``e'lliinguency notice shall advise the customer that service may be discontinued if
the bill remains unpaid after sixty (60) days from the due date. The notice shall be
mailed to the service address and mailing address, if different. The notice shall
comply with the Water Shutoff Protection Act, specifically California Health and
Safety Code § 116908(a)(1), as may be amended from time to time. If written
notice of payment delinquency and impending discontinuation is returned
undeliverable, the City shall comply with the Water Shutoff Protection Act,
specifically California Health and Safety Code M 16908(a)(2) as may be amended
from time to time, in an attempt to make contact with the customer. Two (2)
business days before the intended turn off of water service, a discontinuance of
service "tag" for non-payment shall be affixed to the premises and a "tag fee"
imposed for such notification service. Thereafter, service may be discontinued if
the bill is not satisfied within the time required by such notice. A residential
customer may avail themselves of any applicable rights under the Water Shutoff
Protection Act, California Health and Safety Code $ 116900, et seg., as may be
amended from time to time, prior to water service discontinuation. Once turned
off, water service shall remain off until all charges, penalties and fines have been
paid, unless an application to have the water turned on is received accompanied
by evidence satisfactory to the department of finance of change of ownership.
Upon the receipt of such evidence, the application for turning on water or transfer
of responsibility for water charges shall be processed as provided for in section
39-16.
(e) Turn off and turn on of service. When the water has been turned off for non-
payment or for the violation of any provision set forth in this code or any ordinance,
regulation or requirement of the city, such water shall not be turned on again unless
the violation has been corrected and all charges and penalties have been paid,
unless the turn off is exempt from such payment by reason of change of person
receiving service. A "meter turn on fee" and "meter turn off fee" shall be made for
each separate trip to the premises for the purposes of turning on or turning off
water service during weekdays for new water turn on services and delinquent
accounts and whenever otherwise requested by customer; provided, however, that
turn on or turn off of water service during afterhours and holidays for new water
turn on services and delinquent accounts when requested by customer, shall be
subject to a special "after hours turn on or turn off fee" as established by resolution
of the city council. After a water meter has been turned off for a period of seven (7)
days, the meter may be removed from the service. A "meter removal fee" as
established by resolution of the city council shall be made for the cost of meter
removal. A "meter resetting fee" as established by resolution of the city council
shall be made for the reinstallation of the meter and the turning on of the water. A
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"meter read trip fee" as established by resolution of the city council shall be payable
for each trip to a customer's premises for the purposes of performing a meter read
for closing out of service, or for start of service, or for transfer of responsibility for
service. Fees as herein provided shall be added to the next water bill issued after
date of turn off, turn on, special investigation/reread, meter resetting/reinstallation
or other designated trip, provided the amount is not collected in advance of the
turn off, turn on, special investigation/reread, meter resetting/reinstallation, or other
designated trip. For the purposes of this article, the term "trip" shall not include the
regularly scheduled routine reading of customers' meters.
(f) Closing bill. Upon the rendering of the final bill for service, the city shall not refund
any credit balance or deposit of less than one dollar ($1.00); any checks returned
that cannot be delivered or are unclaimed shall be forfeited unless the applicant
applies for refund within twelve (12) months.
(g) Individual liability for joint service. Two (2) or more persons who join in one (1)
application or contract for service shall be jointly and severally liable thereunder
and shall be billed by means of a single periodic bill presented to the person
designated in the application process to receive the bill.
(h) Change of address. Water service shall not be given to any customer upon change
of address until all delinquent charges owing thereon at a former place of residence
or business have been paid.
(i) Transfer of charges. When a customer maintains separate water service at
multiple premises in the city under the same name or identity of ownership or
tenancy, and water service has been discontinued at one (1) premises for non-
payment, the department of finance may transfer the unpaid balance owing from
the account to which service has been discontinued to any other account belonging
to the customer for which water service remains ongoing.
(j) Field collection fee. When a representative of the city collects payment of
delinquent charges owing from a customer or customer's agent in the field, in lieu
of performing a turn off or removal of customer's meter, a "field collection fee" shall
be applied and collected from the customer or 4+s their agent at the same time as
all other delinquent charges and fees owing are collected.
(k) Removal of unauthorized "straight pipe" connections. Whenever a customer has
connected to the city's water service through an unauthorized straight pipe
connection, the city shall cause such connection to be removed and a "removal of
unauthorized straight pipe connections fee" as established by resolution of the city
council shall be made and billed to the customer.
(1) In street cut-off of water services. Whenever, in the discretion of the director of
public works any customer's access to the water service must be physically
severed by means of an in street cut-off of water service, whether due to authorized
turn on of water service, or unauthorized straight pipe connection, or other violation
of city code, an "in street cut-off fee" as established by resolution of the city council
shall be made and billed to the customer.
(m)Any charge, fee, or deposit owing to the city which has been paid by an instrument
such as a check or draft which is dishonored upon presentation for payment, shall
be void and of no effect from its inception. The director of finance, may, in #+s their
discretion, withhold the effect of this provision if the instrument is redeemed within
Ordinance No. NS-XXXX
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fifteen (15) days of its return. Payment of charges, fees, or deposits following a
dishonor of such instrument upon presentation for payment shall thereafter be
made only by credit card, cashier's check, money order, or cash, which amount
shall include any applicable penalty, as well as a "return payment service fee". The
director of finance shall be authorized to reject payment other than by cash,
cashier's check, or money order from such customer or such customer's agent for
a period of two (2) years following any such dishonor.
(n) Water service commodity consumption charges and water related charges and
fees established pursuant to section 39-19, and any corresponding penalties
accrued for failure to make timely payment therefore pursuant to section 39-20
shall be a civil debt owing to the city.
Section 8. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 9. This ordinance shall become effective thirty (30) days after its adoption.
Section 10. The City Clerk shall certify the adoption of this ordinance and shall
cause the same to be published as required by law.
ADOPTED this day of May, 2024.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:44dka 4 At4L 4(
Andrea Garcia -Miller
Assistant City Attorney
Ordinance No. NS-XXXX
Page 13 of 15
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS-XXXX
Page 14 of 15
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached
Ordinance No. NS-3052 to be the original ordinance adopted by the City Council of the
City of Santa Ana on May 217, 2024 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Jennifer L. Hall
City Clerk
City of Santa Ana
Ordinance No. NS-XXXX
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