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HomeMy Public PortalAboutOrd. 1171•. L, ~ f ~ n ORDINANCE N0. 1171 AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE CODE OF THE CITY OF LYNWOOD PERTAINING TO COLLECTION OF WATER, SEWER, AND REFUSE COLLECTION SERVICES. WHEREAS, the City currently collects water, sewer and refuse collection service charges on a unified bill pursuant to the provisions of the Code of the City of Lynwood; and WHEREAS, Government Code Section 54346 authorizes the City to discontinue such services for nonpayment of all or any part of the bill; and WHEREAS, Government Code Section 54354 and Health & Safety Code Section 5473.5 authorize the~.City Council to provide that delinquent charges and penalties when recorded, as provided in Government Code Section 54355 shall constitute a lien upon the real property served; and WHEREAS, the City Council has, following duly published notice, held a public hearing on the issue of designating delinquent charges as a lien upon real property served; and WHEREAS, the City Council deems it advisable to provide that delinquent charges for water, sewer and refuse collection shall con- stitute a lien upon the real property served, and to further provide that nonpayment of the unified bill may result in the termination of any or all of the aforementioned utility services, The City Council of the City of Lynwood DOES HEREBY ORDAIN as follows: SECTION 1. Section 32-55 is hereby added to the Code of the City of Lynwood to read as follows: "Section 32-55. Charges for Water, Sewer and Refuse Collection Service. All charges for refuse collection service pursuant to Section 13-38 of this Code, sewer service pursuant to Section 32-2 of this Code, and water service pursuant to Section 32-53, subsections (a) and (b), shall be billed on a unified bill, with the amount of the charge for each service clearly indicated thereon. "Section 32-56. Delinquent Charges; Lien on Real Property. All delinquent charges billed under Section 32-55, 13-38, or 32-4 are hereby determined to constitute a lien upon the real property served (except publicly owned property) when recorded as provided in Government Code Section 54355 as it now exists or is hereafter amended. Such liens shall. continue until the charges and all penalties thereon are fully paid, or the property sold in satisfaction of the lien. "Section 32-57. Termination of Service for Nonpayment of Bill. No person shall fail or refuse to pay the bill provided for in Section 32-55 hereof. Upon the direction of the City Manager, if all or any part of the bill, including both delinquent and current charges and penalties, is not paid when due all services for which the bill is rendered, -1- i including water, sewer and refuse collection services, shall be discontinued until said bill is paid in full. As a condition precedent to the resumption of such services, the City may require the payment. of a deposit of up to twice the estimated charges for a quarter. The remedy provided in this Section shall be in addition to and supplemental to any other remedies available to the City in order to insure prompt payment of lawful charges. Section 32-58 through 32-64. Reserved." SECTION 2. Section 32-5 of the Code of the City of Lynwood is hereby re---peyled SECTION 3. Section 13-38. "Manner of Billing and Collecting Fees" of the Code of the City of Lynwood is hereby amended to read as follows: "(a) Premises Served By Water. The method of collecting the fees established in this division shall be as follows: 1. The City owns and operates the water distribution system. Billing for water service flat rates is.bi-monthly. It is hereby de- termined that the bill for water service shall also be the medium for billing and collection of garbage and rubbish fees. 2• The time covered by the billing pursuant to paragraph (a) shall be the same period for both water service and garbage and rubbish collection service. (b) Premises Not Served by Water. Where garbage and rubbish is collected at locations not served by City water, a separate bi-monthly state- ment shall be mailed to the person requesting service, or if no service has been requested or an exemption applied for, then to the owner of record at the address appearing on the last equal- ized assessment roll. Such statement shall include an additional charge for providing sewer service, in an amount to be determined by resolution of the City Council. (c) Failure to pay when due the charges pro- vided for in this section shall result in the im- position of a lien on the real property served, and may result in the termination of services for which the bill is rendered pursuant to the provisions of Section 32-56 and 32-57 of the Code." SECTION 4. Section 32-4. "Manner of Billing and Collection" of the Code of the City of Lynwood is hereby amended to read as follows: "Section 32-4. Manner of Billingand Collection. The charges established herein shall be billed and collected in the same manner as provided for the collection of fees for refuse collection set forth in Section 13-38. Said charges shall be billed on a unified bill, subject to the same remedies of the City as are set forth in Section 32-56 and 32-57 of this Code." -2- SECTION 5. Section 32-28. "Application Required" of the Code of the City of Lynwood is hereby amended to read as follows• "Any person desiring water service shall complete and sign a written application thereforon a form fur- nished by the Water Department, which shall include, but shall not necessarily be limited to, the status of the applicant, e.g, owner, tenant or agent. The appli- cant is further required to furnish the name and address of the legal owner of the real property served before application will be accepted. Notwithstanding anything in this section to the contrary, the Water Clerk, in his/her discretion may accept an application for water-service by mail and cause water service to be made to applicant, if the requirements of this Chapter are otherwise fully complied with." SECTION 6. Section 32-54. "Liability for the Code of the City of Lynwood is hereby amended "Any person who has signed an application for service, who has used service, or who is otherwise obligated to pay for service furnished by the City under this Article, together with the owner of the real property served, is responsible for all charges incurred for water furnished by the City, and shall remain so obligated until all charges for the use of water have been paid. The owner shall remain further obligated until such time as the Water Department has been duly notified in writing to discontinue service. All such liability shall continue, regardless of whether the water is being used; however, the Water Department will release liability as to any owner in the event due application has been made by a new owner pursuant to this Article. No allowance or refund shall be made until all water charges have been paid, or until release has been authorized and completed." SECTION 7. Section 32-8 is hereby added to the Code of the City of Lynwood to read as follows: "Section 32-8. Liability for Sewer Maintenance Service. Any person who .has signed an application for service, who has used service, or who is otherwise obligated to pay for service~,furnished by the City under this Article, together with the owner of the real property served, is responsible for all charges incurred for sewer maintenance service, pursuant to Section 32-2 of this Code, and shall remain so obligated until all charges for sewer maintenance service have been paid. The owner shall remain further obligat- ed until such time asthe Water Department has been duly notified in writing to discontinue service; how- ever, the Water Department will release liability as to any owner in the event due application has been made by a new owner, pursuant to this Article. No allowance or refund shall be made until all charges have been paid, or until release .has been authorized and completed." SECTION 8. Section 13-40 is hereby added to the Code of the City of Lynwood to read as follows: "Section 13-40. Liability for Rubbish Service Charges. Water Charges" of to read as follows: -3- Any person who has signed. an application for service, who has used service, or who is otherwise obligated to pay for service, furnished by the City under this Article, together with the owner of the real property served, is responsible for all charges incurred for rubbish service, pursuant to Section 13-38 of this Code, and shall remain so obligated until all charges for rubbish have been paid. The owner shall remain further obligated until such time as the Water Department has been duly notified in writing to discontinue service; however, the Water Department will release liability as to any owner, in the event due application has been made by a new owner, pursuant to this Article: No allowance or refund shall be made until all charges have been paid, or until release has been authorized and completed." SECTION 9. Severability. If any section, subsection, sub- division, sentence, clause, phrase~or portion of this Ordinance or the application thereof to any person or place, 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 or its application to other persons or places. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person or, place, be declared invalid or unconstitutional. SECTION 10. The City Clerk is hereby ordered and directed to' certify to the passage of this Ordinance, and to cause the same to be published once in the Lynwood .Press, a newspaper of general circulation, printed, published and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 1st day of June , 1982, and finally ordered published at a regular meeting of said Council held on the 15th iday of June 1982. AYES: Councilmen Byork, Green, Morris, Rowe, Thompson NOES: None ABSENT: None ATTEST: LOUIS A. THOMPSON, MAY CITY OF LYNWOOD _/~ __ Q/ APPROVED AS TO CONTENT: "' A(((N~NND~fffRLEAwcL-u-cH-OOPER, CITY CLERK APPROVED AS TO FORM: DA ID R. MC EWEN CITY ATTORNEY ~"~~0~ ~~L~. BARBARA FIKEL ACCOUNTING SUPERVISOR -4- STATE OF C_~1LIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the abobe is a true and correct copy of Ordinance No. 1171 adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated this 16th day of June ,'1982. (SEAL) City Clerk, City 'of Lynwood--