(A) In the event that a utility bill is not paid on or before the delinquent date, the following additional charges shall be added to each delinquent billing:
(1) The amount determined by resolution or, in the absence of such resolution, 10% of the delinquent balance of all utility charges.
(2) In addition, the delinquent balance, including additional charges, shall be charged interest at the rate of 1 ½% per month.
(B) If water service had been discontinued for failure to pay a utility bill as set forth in § 8-7.09 of this chapter, the entire amount of the utility bill including all applicable penalties, interest, and deposit shall be paid before water service is restored, unless an amortization agreement for payment of the delinquent balance consistent with the Public Utilities Code and the city policy under California Water Shut Off Act (SB 992: Cal. Health and Safety Code §§ 116900 to 116926) is arranged with the Finance Director or his or her designee. The city policy is established by City Council Resolution as "City of Madera Utility Service Policy for Residential and Multi-Family Customers").
(C) A charge as determined by resolution of the Council shall be charged on all returned checks, plus any service charges assessed by the bank. Accounts shall be subject to the following payment restrictions.
(1) Checks will not be accepted as payment when service has been interrupted because of a returned check.
(2) If account holder has two checks returned to the city from the issuing bank within a six- month period, no checks will be accepted as payment on that account for the six months following the last returned check.
(D) In addition to any other fees or charges provided in this section, any customer requesting a utility service, including but not limited to application for water service, service turn-on, or shut-off, on any Saturday, Sunday, legal holiday, or before the hour of 8:00 a.m. or after the hour of 5:00 p.m. of any day, shall pay an additional charge as determined by resolution of the Council for after hours or weekend or holiday service.
(E) Accounts shall be subject to collection of any delinquent fees and charges in the following manner:
(1) At the time the fees become delinquent and until such time as they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property and, as such, may be identified during a title search. In addition, commercial businesses' delinquent account balances, including late charges, may be considered an unrecorded lien against the business and/or owner of the business except that all procedures under the City of Madera Utility Service Policy for Residential and Multi-Family Residential Customers shall be followed first.
(2) Once a year, the Council shall cause to be prepared a report of current delinquent fees, including late charges, for that year. The Council shall fix a time, date and place for hearing the report and receiving any objections or protests thereto.
(3) The Council shall cause notice of the hearing to be mailed to the landowners listed on the report not less than 15 calendar days prior to the date set for hearing.
(4) At the hearing, the Council shall hear any objections or protests of landowners liable to be assessed for delinquent fees including late charges and administrative fees. The Council may then make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be affirmed.
(5) The delinquent fees set forth in the report as confirmed shall constitute a lien against the respective parcels of land and are a lien on the property for the amount of such delinquent fees, including interest and late charges. A certified copy of the resolution affirming the assessments shall be filed with the County Recorder and the County Auditor-Controller/Tax Collector for the amounts of the respective assessments against the respective parcels as they appear on the current assessment roll. The lien created attaches upon filing. The assessments shall be collected at the same time and in the same manner as other property taxes and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessments. However, if during the first year for which the charges are prescribed, the property served by the city has been transferred or conveyed to a bona fide purchaser for value, and attached thereon, prior to the date on which the first installment of county taxes would become delinquent, the charge shall not result in a lien against the real property, but shall become transferred to the unsecured roll for collection.
(6) In addition to, or alternatively to, imposing a lien, the city may file an action for the collection of any amounts due and unpaid. In any such action, the delinquent balances may also be processed through a collection agency.
(7) If the account of a commercial customer who is not the property owner remains delinquent for over 90 days, a billing will be rendered to the property owner so as to provide notice of the delinquency and lien on the property, as mandated in subsection (1) of this section, such that payment of the account can occur prior to applying subsections (2), (3), (4), (5), and (6) of this section. The charges for utility service referred to herein shall constitute a lien against the lot or parcel of land against which the charge was imposed if such charge remains delinquent for a period of 90 days. In the event that utility services are provided to property occupied by a non-owner/tenant, and payment for such service had been guaranteed by the property owner, the Director of Finance is authorized and directed to notify such owner of any delinquencies hereunder upon their occurrence.
(8) The city shall have the right to require that commercial property owners guarantee tenant accounts that are delinquent or have a history of delinquency.
(9) The provisions of this section shall be applicable, in addition to the fees and charges arising from service provided under Chapters 5-3, 5-4, and 5-5 of this municipal code.
(Ord. 731 C.S., passed 5-16-01; Am. Ord. 898 C.S., passed 7-5-12; Am. Ord. 919 C.S., passed 5-20-15; Am. Ord. 969 C.S., passed 2-19-20)