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(A) Service charge. Whenever a payment of any bill for utility services is not received by the specified delinquent date, the delinquency service charge designated by city resolution shall be, without notice, added to the amount of such bill and become part thereof. This division shall not apply to payments due from any government or governmental agency.
(B) Delinquency notice. A delinquent bill notice or reminder, stating the amount past due and remaining unpaid and the service charge due and payable, may be mailed to the customer and to the owner of the premises.
(C) Collection or restoration charge. Upon any of the following listed occurrences, the City Manager may send a representative to collect the bill or discontinue the utility service, and the service charge designated by city resolution shall be charged for this collection follow-up and/or any restoration or reconnection of service during normal working hours.
(1) When a delinquent bill, bill notice or reminder, or dishonored check remains unpaid more than seven days after a mailing of a notice or reminder thereof;
(2) When a written application for service is not received as provided in this chapter; or
(3) When service has been discontinued for violations of other sections of this code or of rules and regulations issued as authorized in this code.
(D) Discontinuance for nonpayment. The City Manager may discontinue, upon ten days’ written notice, any or all utility services being rendered, at any or all premises for which the customer is responsible for payment of charges, including main, branch, and front footage charges owed, and may require payment in full of all amounts due including service charges and cost of discontinuance and restoration of the service, before any service is restored; provided however, that water service to a dwelling, or to a part of a multifamily dwelling, leased or rented to a tenant who is not a customer shall not be terminated without 20 days’ prior written notice from the City Manager to the tenant where the City Manager has actual knowledge that such tenant is not a customer.
(E) City collection of debt. Delinquent fees and charges as well as service charges and penalties assessed under this chapter constitute a debt to city. The city may avail itself of any remedies at law including but not limited to collection through a collection agency, filing of lien, and court action.
(F) Notice of lien.
(1) When services to any property where the property owner has signed an application as provided in this chapter and where utilities services have been discontinued for non-payment for a period of more than two months, the City Manager shall have executed and filed in the office of the County Recorder of Fresno County, a certificate in the following form:
Pursuant to the authority vested in the City Manager by the provisions of the San Joaquin Municipal Code, said City Manager did, on or about the ___________ day of ______________, 20_____, cause the city utility service on the property herein described to be discontinued for nonpayment. The costs associated with the discontinuance for nonpayment has not been paid nor any part thereof, and the said City of San Joaquin does hereby claim a lien on said real property for the next expenses of the doing of said termination in the amount of said assessment, to wit, the sum of _______________ Dollars ($________). The same shall be in lien upon said real property until the sum has been paid in full and discharged of record.
The real property herein before mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of San Joaquin, County of Fresno, State of California, and particularly described as follows:
(Description of property)
Dated: This ______ day of _____________, 20_____.
(2) Immediately upon the recording of the notice of lien, the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon parity with the lien of state, county and city taxes.
(Ord. 13-105, passed 11-12-2013)