HomeMy WebLinkAbout01-20-21 F&A Committee Packet 1
OTAY WATER DISTRICT FINANCE AND ADMINISTRATION COMMITTEE MEETING and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
BY TELECONFERENCE 2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CALIFORNIA
WEDNESDAY January 20, 2021 12:00 P.M.
This is a District Committee meeting. This meeting is being posted as a special meeting in order to comply with the Brown Act (Government Code Section §54954.2) in the event that a quorum of the Board is present. Items will be deliberated, however, no formal board actions will be taken at this meeting. The committee makes recommendations to the full board for its consideration and formal action.
AGENDA
1. ROLL CALL
2. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO
SPEAK TO THE COMMITTEE ON ANY SUBJECT MATTER WITHIN THE COMMITTEE'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA This meeting is being held via teleconference. Members of the public may submit their
comments on agendized and non-agendized items by either of the following two meth-
ods: a) No later than a half hour before the start of the meeting, complete the Request to Speak Form and email it to BoardSecretary@otaywater.gov. Your request to
speak will be acknowledged during the “Public Participation” portion of the
meeting when the committee will hear your public comment. When called to speak, please state your Name and the City in which you reside. You will be provided three minutes to speak.
OR
b) No later than a half hour before the start of the meeting, email your comment to BoardSecretary@otaywater.gov and it will be read aloud during the “Public Par-ticipation” portion of the meeting. Please provide your Name and the City in
which you reside, with your comment. Your comment must not take more than
three minutes to read. The District’s meeting is live streamed. Information on how to watch and listen to the District’s meeting can be found at this link: https://otaywater.gov/board-of-
directors/agenda-and-minutes/committee-meetings/
2
DISCUSSION ITEMS 3. ADOPT ORDINANCE NO. 581 TO AMEND SECTION 72, PENALTIES AND DAMAGES, OF THE DISTRICT’S CODE OF ORDINANCES EFFECTIVE MARCH 1,
2021, TO ALLOW THE DISTRICT TO LIEN RENTAL PROPERTY IF THERE ARE OUTSTANDING BALANCES OWED BY TENANTS, AND TO EXPAND THE SCOPE OF WHEN THE DISTRICT CAN REQUIRE A PROPERTY TO REMAIN IN THE OWNER’S NAME (CAREY) [10 minutes]
4. ADJOURNMENT BOARD MEMBERS ATTENDING: Mark Robak, Chair Jose Lopez
All items appearing on this agenda, whether or not expressly listed for action, may be delib-erated and may be subject to action by the Board.
The Agenda, and any attachments containing written information, are available at the Dis-
trict’s website at www.otaywater.gov. Written changes to any items to be considered at the open meeting, or to any attachments, will be posted on the District’s website. Copies of the Agenda and all attachments are also available through the District Secretary by contacting her at (619) 670-2280.
If you have any disability which would require accommodation in order to enable you to par-ticipate in this meeting, please call the District Secretary at 670-2280 at least 24 hours prior to the meeting.
Certification of Posting
I certify that on January 15, 2021 I posted a copy of the foregoing agenda near the
regular meeting place of the Board of Directors of Otay Water District, said time being at least 24 hours in advance of the meeting of the Board of Directors (Government Code Section §54954.2).
Executed at Spring Valley, California on January 15, 2021.
/s/ Susan Cruz, District Secretary
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: February 3, 2021
SUBMITTED BY: Andrea Carey
Customer Service Manager
PROJECT: DIV. NO. All
APPROVED BY: Joseph R. Beachem, Chief Financial Officer
Jose Martinez, General Manager
SUBJECT: Adopt Ordinance No. 581 to Amend Section 72, Penalties and
Damages, of the District’s Code of Ordinances Effective March
1, 2021, to Allow the District to Lien Rental Property if
There are Outstanding Balances Owed by Tenants, and to Expand
the Scope of When the District Can Require a Property Remain
in the Owner’s Name
GENERAL MANAGER’S RECOMMENDATION:
That the Board adopt Ordinance No. 581 to amend Section 72, Penalties
and Damages, of the District’s Code of Ordinances effective March 1,
2021, to allow the District to lien rental property if there are
outstanding balances owed by tenants, and to expand the scope of when
the District can require a property remain in the owner’s name.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To amend Section 72, Penalties and Damages, of the District’s Code of
Ordinances to allow the District to establish procedures to lien
property for outstanding balances owed by tenants, and to expand the
scope of when the District can require a property remain in the
owner’s name.
ANALYSIS:
On March 4, 2020, Governor Gavin Newsom declared a state of emergency
in California due to the 2019 novel coronavirus (COVID-19) health
emergency. On April 2nd, Governor Newsom signed Executive Order N-42-
20 suspending the ability of water utilities, throughout the state,
AGENDA ITEM 3
to disconnect residential or small business water services for non-
payment.
The inability to disconnect water service for non-payment has
resulted in a substantial increase in delinquent customer accounts.
The following charts show the number of lockable accounts and their
associated past due dollar amounts since April 2020.
April May June July Aug Sept Oct Nov Dec
Owner 447 589 600 469 498 578 576 681 707
Tenant 424 421 429 405 425 477 464 501 593
Total 871 1010 1029 874 923 1055 1040 1182 1300
April May June July Aug Sept Oct Nov Dec
Owner $95,334 $196,864 $240,513 $198,605 $205,805 $218,828 $232,601 $287,419 $293,197
Tenant $70,878 $116,506 $119,982 $130,590 $158,471 $193,412 $204,142 $244,015 $278,517
Total $166,212 $313,370 $360,495 $329,195 $364,276 $412,240 $436,743 $531,434 $571,714
Historically, disconnecting service for non-payment has been the most
expedient way to collect outstanding balances. However, the District
has other collection methods at its disposal to attempt to collect
outstanding debt such as:
•Placing a lien on the property
•Sending the outstanding balance to the county to be collected
on the property tax roll
•Sending the unpaid balance to an outside collection agency
•Offering customers payment arrangements to pay off the
outstanding balance over time
These methods were explained in detail at the January Board meeting
as a part of the staff report on customer delinquencies.
The lien process has historically been used to secure payment when
disconnection was not possible, such as in the case of our sewer only
customers, or closed owner accounts who fail to pay their final
balance but retain ownership of the property. In response to rising
delinquent balances on active owner accounts, the lien process was
recently expanded to include these accounts as well.
Due to uncertainty as to when the Governor’s order that prohibits
disconnection will expire or if there will be further restrictions on
disconnecting service in the future, staff is recommending the
District expand the lien process to include rental properties for
outstanding tenant balances. Water Code Section 25806 allows the
District to secure a lien against a property for any unpaid charges.
After consulting with General Counsel, it was confirmed that the
outstanding balance, regardless if it is in the name of the owner or
a tenant, is inseparable from the property.
The District may choose to enter a judgement lien against the
property, place a tax lien for the outstanding balance on the county
tax roll or, the most common approach, both. The judgement lien
secures payment year-round and requires payment prior to release of
the lien which is needed before a property sale or refinance. The
tax lien is an annual process where all outstanding balances can be
forwarded to the county for collection on the property tax roll.
Changes to Section 72 of the District’s Code of Ordinances are being
recommended by staff to allow the District to lien properties with
outstanding tenant balances as well as expand the scope of when the
District can require the property owner’s name remain on the utility
account. Currently, the code allows for accounts that have been
locked three times over a 24-month period or failed to comply with
the terms of payment arrangements four times to remain in the name of
the owner for subsequent tenants. The recommended changes are
proposed in order to give the District greater flexibility and
ability to collect. Accounts where tenants have been locked numerous
times, habitually late or have a history of multiple tenants not
paying their final balance can now be required to be in an owner-only
status which means the owner is billed directly for the rental
property water usage and is ultimately responsible for the account
balance. General Counsel has reviewed and approved these proposed
changes as well as proposing additional minor administrative changes
to Section 72.
If the Board approves the changes to Section 72, staff will implement
procedures for expanding the lien process to include tenant
outstanding balances. Staff expects to begin with tenant accounts
who start service after March 1, 2021. Accounts that were in a
tenant’s name prior to March 1st will have a grace period until July
1, 2021. If an existing tenant account terminates prior to July 1,
2021, any outstanding balances will be sent to the District’s outside
collection agency based on the current process. This grace period
will give staff time to notify all owners and current tenants of the
change in procedure. After July 1, 2021, all tenant outstanding
balances will be subject to lien.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
The District increased its write-off budget from $109,000 to $485,000
in FY 2021 due to the expected financial implications of COVID-19.
Based on historical numbers, adding the ability to lien property for
tenant outstanding balances may reduce the District’s uncollectable
balances by as much as 50% going forward. The costs associated with
filing the lien with the county or sending the outstanding balance to
be placed on the tax roll are passed through to the property owner.
LEGAL IMPACT:
None.
Attachments:
A)Committee Action
B)Ordinance No. 581
Exhibit 1 – Section 72 Strike-through
Exhibit 2 – Section 72 Proposed
ATTACHMENT A
SUBJECT/PROJECT:
Adopt Ordinance No. 581 to Amend Section 72, Penalties and
Damages, of the District’s Code of Ordinances Effective
March 1, 2021, to Allow the District to Lien Property if
There are Outstanding Balances Owed by Tenants, and to
Expand the Scope of When the District Can Require a
Property Remain in the Owner’s Name
COMMITTEE ACTION:
The Finance and Administration Committee recommend that the Board
adopt Ordinance No. 581 to amend Section 72, Penalties and Damages, of
the District’s Code of Ordinances effective March 1, 2021, to allow
the District to lien property if there are outstanding balances owed
by tenants, and to expand the scope of when the District can require a
property remain in the owner’s name.
NOTE:
The “Committee Action” is written in anticipation of the Committee
moving the item forward for Board approval. This report will be sent
to the Board as a committee approved item or modified to reflect any
discussion or changes as directed from the committee prior to
presentation to the full Board.
1
ORDINANCE NO. 581
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE OTAY WATER DISTRICT
AMENDING SECTION 72, PENALTIES AND DAMAGES,
OF THE DISTRICT’S CODE OF ORDINANCES
BE IT ORDAINED by the Board of Directors of Otay Water
District that the District’s Code of Ordinances Section 72,
Penalties and Damages, be amended as per Exhibit 1 to this
resolution.
NOW, THEREFORE, BE IT RESOLVED that the new proposed
Section 72, Penalties and Damages (Exhibit 2) of the Code of
Ordinances shall become effective March 1, 2021.
PASSED, APPROVED AND ADOPTED by the Board of Directors of
the Otay Water District at a regular meeting duly held this 3rd
day of February 2021, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
President
ATTEST:
__________________________
District Secretary
Attachment B
SECTION 72 PENALTIES AND DAMAGES
72.01 GENERAL
A.User and Owner Responsibility. Each person receiving service, or that
owns a property that receives service, agrees to pay the District any applicable fees and
charges. Such persons are also responsible for all costs and damages in connection with
any violation of this Code relating to their service.
B.District Not Liable. The District shall bear no liability for any cost,
damage, claim or expense incurred by District or any responsible party or third party on
behalf of the District arising from or related to any violation, including, but not limited to,
costs, damages, claims, or expenses arising from any corrective action of the District.
Such corrective actions include, but are not limited to, the removal, confiscation,
disposition or use of any device, equipment, improvement or material encroaching on any
District property or used in connection with any other violation.
C.District Obligation to Collect Damages. Pursuant to Government Code
Section 53069.6, the District shall take all practical and reasonable steps, including
appropriate legal action, if necessary, to recover civil damages for the negligent, willful,
or unlawful damaging or taking of property of the District.
D.Assessment of Damages. Actual damages resulting from any violation,
including late payment or failure or refusal to pay for service and any interest thereon,
may be assessed and collected as part of a customer’s monthly bill to the extent allowed
by law. The District will separately invoice any actual damages not assessed on a
monthly bill, including any damages assessed against any responsible person who is not a
customer.
E.Unpaid or Partially Paid Bills. Bills issued by the District are due in full
as provided in such bills. Failure to timely pay bills in full may lead to a reduction,
suspension, or termination of service, as provided in Section 72.02(B), below, in Policy
54 Section 34 of this Code, or pursuant to other provisions of this Code or applicable law.
In addition, if bills remain unpaid, in full or in part, the District may lien the delinquent
real property and may assess damages and penalties established by District or otherwise
authorized by law.
72.02 VIOLATIONS AND GENERAL PENALTIES FOR VIOLATIONS
A.Notice of Violation. Notice and a reasonable period of time to correct athe
violation(s) will be given prior to the termination, reduction or suspension of service or
the imposition of any administrative fine. However, the District may, without notice,
correct any condition or violation that endangers the health or safety or impairs any
District service, facility or property or is otherwise determined by the District to require
immediate action.
Exhibit 1
1.Investigative Procedures. If a possible violation is
identified, observed or reported, the District will contact the allegedly responsible party
to investigate. If the violation is in fact occurring, District staff will issue a notice of
violation or otherwise inform the responsible party that corrective actions must be taken
within a period of time deemed reasonable by the District, taking into consideration the
nature of the violation and the potential damage that can arise if the violation continues.
2.Content of Notice of Violation. The notice will describe the
violation(s), indicate the actions that must be taken, and indicate the date by which those
actions must be taken. Unless immediate action is required, the notice will provide a
reasonable time for the violation(s) to be corrected. The notice will also specify the
amount of any delinquency, actual damages or other amounts due the District, if any, and
the telephone number of a representative of the District who can provide additional
information.
3.No Notice Required; District Action. If the District determines
that immediate or prompt correction of the violation is necessary to prevent waste or to
maintain the integrity of the water supply, systems or facilities of the District, or for the
immediate protection of the health, safety or welfare of persons or property, or for any
other compelling reason, the District will take any action deemed necessary (including
suspension, reduction or termination of service; locking or removal of meters; or repairs
of any improvements) and a notice will be left at the affected parcel specifying any
further corrective actions required. Any costs incurred by District and any applicable
fines will be the responsibility of the responsible party.
4.Notice; Failure to Comply. The responsible party will be given an
opportunity to correct the violation(s) and to provide verbal, written and pictorial
exculpatory evidence. If such evidence does not exonerate the responsible partyies and if
the violation(s) are not corrected to the satisfaction of the District within the time
provided, the District may assess costs, and penalties, and administrative fines and may
take any other action or pursue any other remedy available. Furthermore, if the
violation(s) concerns any service requirement or facility, or if required to prevent waste
or to protect the integrity of the system or the health and safety of the public, the District
may suspend, reduce or terminate service to the extent permitted by law.
B.Service Termination, Suspension or Reduction; Removing or Locking
Meters. Service may be reduced, suspended or terminated for failure to pay for service or
in connection with a violation of this Code or applicable law. Termination, suspension or
reduction of service will proceed as follows:
1.Notice Prior to Termination, Suspension or Reduction of Service.
Except as provided in Paragraph A, above, or in other provisions of this Code or
applicable law, not less than ten (10) days notice will be given prior to the date service
will beis reduced, suspended or terminated; provided that, where service is terminated
due to failure to comply with the terms of an amortization agreement, under Policy 54
Section 34 of this Code, only forty-eight (48) hoursfive (5) days’ prior notice is required.
The notice will be delivered to the affected parcel and, if the owner of record does not
reside in the affected parcel, a copy of the notice will be forwarded
to the owner’s address on record with the assessor’s office via any available means, such
as personal delivery, certified mail return receipt requested, email, fax or fed-exovernight
mail.
2.Termination for failure to pay for service. The District may
discontinue any or all service due to failure to pay the whole or any part of a bill issued
by the District. In connection with termination of water service, the provisions of Section
60373 of the Government Code, or any other appropriate provision of law, or as set forth
in Section 34Policy 54 of this Code of Ordinance, will be followed. In connection with
sewer, Section 71672 of the California Water Code or other applicable requirements will
be followed.
C.Reconnection or Reinstatement of Service, Unlocking or
Reinstalling Meters. If service is reduced, suspended or terminated for any reason, each
of the following conditions applicable to the situation must be satisfied or arrangements
satisfactory to the General Manager or a designee must be made before service is
reinstated:
1.Outstanding amounts for service bills, including any service
charges for benefits derived from the violation, must be paid;
2.All required deposits (including any security deposits), actual
damages, fines, costs, charges, and penalties must be paid;
3.Any amounts due for the removal, locking, servicing, repair or
replacement of meters or other facilities required for service must be paid at the rates in
effect at the time of reinstatement, as set forth on Appendix A to this Code or other
schedule of fees then in effect;
4.All violations and related damages or conditions must have been
corrected and/or repaired and evidence satisfactory to the District to that effect and
demonstrating that it is safe to reinstate service, must have been provided to and
approved by the District; and
5.If the service was originally in the name of a tenant, the District
may require that the owner of the parcel to request the service account is placed in
theunder his or her name of the owner and that the owner assume responsibility for the
service.
D. Owner Responsibility for Account. In addition to owners’
obligations under subsection (A) of section 72.01 and subsection (C)(5) of Section 72.02,
above, and any other remedies provided by this Code or by applicable law, Owners may
be required to deliver to the District a form of acknowledgement or authorization for
service to a tenant. If the property has a history of tenants who do not pay their final
balances, the District reserves the right to demand that the property owner take
responsibility for services to the tenant-occupied parcel. In addition,The District also
reserves the right to demand that the property owner take responsibility for services to the
tenant-occupied parcel if any of the following occur: (i) a tenant
engages in any violation, (ii) if the District has reduced, suspended or terminated any
service to a tenant three (3) times within any twenty-four (24) month period, or (iii) the
tenant has been delinquent five (5) or more times.has failed or refuses to comply with the
terms of payment arrangements with the District four (4) times, the District reserves the
right to demand that the property owner take responsibility for services to the tenant-
occupied parcel. The General Manager or a designee shall develop procedures to
implement these requirements.
Pursuant to Water Code Section 25806, the District may place a lien on the property for
unpaid bills by a tenant. The District will make a good faith effort to notify an owner if a
tenant-occupied account is delinquent, however, it is ultimately the owner’s responsibility
to check with the District for any outstanding balances when a tenant vacates the
property. For more information on property liens, see Policy 54.
D.E. Right of Access to Customer’s Premises; Interference. If any person
refuses to consent to an investigation of a possible violation, or prevents or refuses to
allow access to District staff or authorized representatives to any premises or facility
during an investigation or in connection with any termination, reduction or suspension of
service, the District may seek an injunction or a warrant, as provided in Section 71601 of
the Water Code.
E.F. Other Remedies. In addition to the actions contemplated in this Section,
the District may seek other remedies authorized or required by any applicable law,
including imposing an administrative fine, pursuant to Section 72.06, or pursuing other
available civil or criminal remedies.
72.03 CERTAIN SPECIFIC OPERATIONAL VIOLATIONS
A.Unauthorized Connections. The District shall bear no cost or liability for
any unauthorized connection. In addition to other remedies, any unauthorized connection
is subject to a Type II fine, pursuant to Section 72.06 depending upon the severity,
duration and reoccurrence of the violation and any other factors the District may
reasonably take into consideration.., Further, the District may demand that the
unauthorized connection be immediately disconnected. In the alternative, if the customer
refuses to take immediate action, or if immediate actions is are necessary as set forth in
Section 72.02(A)(3), above, the District may immediately disconnect, remove, confiscate,
destroy, or dispose of any parts installed with or used for the unauthorized connection, all
at the expense of the customer and any other responsible party. To the extent allowed by
law, the District may also, immediately or as otherwise deemed advisable by the District,
terminate service to any parcel and any person that allows, uses or benefits from such
unauthorized connection.
B.Water wWaste. No customer shall knowingly permit leaks or other wastes
of water, including, but not limited to, allowing runoff on any portion of his or her
property, engaging in non-permitted uses of water, or failing to take corrective action
after notice of any leaks or water waste is given. If the District
determines that water waste is occurring, the District will:
1.Notify the customer that they are in violation of the District’s Code
of Ordinances.
2.Notwithstanding the foregoing, the District may, without prior
notice, repair or replace any District controlled facilities at the cost of the person(s)
identified as the responsible party, if any.
3.If the water waste is due to a condition within the customer’s
property or facilities, the District may (i) require the customer to repair or replace the
affected facilities, immediately or within a reasonable time, depending on the situation; or
(ii) if necessary, to prevent further waste, adjust, lock or remove the meter. If any repair
or replacement required is not completed in a timely manner, the District may perform
the repair or replacement at the cost of the customer or may terminate service without
further notice.
C.Meter Tampering. In addition to other remedies, meter tampering is
subject to a Type II fine pursuant to Section 72.06 depending upon the severity, duration,
and reoccurrence of the violation, and any other factors the District may reasonably take
into consideration. Additionally, meter tampering may be prosecuted as a crime under
Section 498 of the California Penal Code, as set forth in Section 73.01 of this Code.
D.Fire Service Violation. Fire service is subject to compliance with all
provisions of this Code and the law concerning water service. , and fFailure to comply
with such provisions may result in the reduction, suspension, termination or
disconnection of water service for fire protection, without any liability to District.
Furthermore, illegal connections or other violations relating to fire service are subject to
either a Type I or Type II fine, at the option of the District, and may be prosecuted as
crimes.
E.Backflow pPrevention, sScreens and oOther sSafety dDevices. If service
requirements include the installation, testing and maintenance of backflow prevention
devices (Section 23.04 of this Code), screens or other safety operational items, in addition
to, or in lieu of, other remedies provided herein, the District may apply any of the
remedies under Section VI and VII of the District’s Ordinance No. 386, as amended or
renumbered. Furthermore, violations relating to backflow testing may be prosecuted as
set forth in Section 73.01 of this Code. Violations of backflow requirements or
knowingly filing a false statement or report required by a local health officer are subject
to either a Type I or Type II fine, at the option of the District, pursuant to Section 72.06,
below.
F.Violation Concerning Recycled Water Service. In addition to any fine,
revocation, suspension or penalty imposed under Section 26 in connection with any
violation of said Section, including permit suspension or revocation under Section
26.07.C, the District may (i) suspend or terminate water and or sewer service to the
property, the owner and/or the operator; (ii) require payment by the
owner for any damage to the District facilities, reimbursement to District of costs and
expenses, or fines imposed on the District in connection with such violation; or (iii)
prosecute the responsible party under any applicable provision of this Code, the Water
Code or the Penal Code. Additionally, any violation concerning recycled water service is
subject to either a Type I or Type II fine, at the option of the District, pursuant to Section
72.06, below.
G.Violation Concerning Sewer Service. In addition to any other remedy,
fine, or penalty provided by this Code or applicable law, failure to comply with any
requirements of sewer service, including requirements for the preservation of public
health, safety and welfare and including, but not limited to, the requirements established
under Article II, Chapter 2, Sections 50 to 56.04 of this Code, as hereafter amended or as
supplemented by other District Rules and Regulations for Sewer Service, the California
Health and Safety Code, the California Code of Regulations, Titles 17 and 22, and Water
Agency Standards. Furthermore, may be prosecuted as set forth in Section 73.01 of this
Code. Additionally, any violation concerning sewer service is subject to a Type I or
Type II fine, at the option of the District, pursuant to Section 72.06, below.
H.Theft, Fraud, or Misappropriation. In addition to any other remedy, fine
or penalty provided by this Code or applicable law, any violation involving theft, fraud or
misappropriation of District water, services, or property is subject to a Type I or Type II
fine, at the option of the District, pursuant to Section 72.06, below.
72.04 VIOLATIONS OF CONSERVATION OR OTHER WATER USE
RESTRICTION PROVISIONS
The District has established and published conservation measures set forth in
Section 39 of the Code. Commencing with declared Level 2 conditions, the District may
assess water shortage rates and charges previously adopted. In addition, after notice of
the declared water shortage level is given as required by law, any person who uses,
causes to be used, or permits the use of water in violation of such requirements (other
than a person who qualifies for an applicable exemption, if any) may be assessed
damages, penalties, and fines.
A.Additional Pprovisions cConcerning uUse Rrestriction vViolations. In
addition to payment of actual damages, the following may apply to a violation of any
water conservation or water use restriction measure:
1.A change onf the account holder shall not cause the account to
revert to pre-violation status unless the new account holder provides evidence that
it is not related to the violator and had no responsibility for the prior account.
2.The District may reduce, suspend or terminate service to any
parcel immediately and without further notice if the violation involves or results
in water waste, as set for in Section 72.03(B), above.
3.Willful violations of mandatory conservation
measures described in Section 39 of this Code may be enforced by terminating
service to the property at which the violation occurs, as provided by Section 356
of the California Water Code.
B.Prosecution for vViolations of cConservation Mmeasures. Pursuant to
Section 377 and 71644 of the California Water Code, each violation of the District’s
Conservation Ordinance, set forth in Section 39 of this Code, may be prosecuted as a
misdemeanor, punishable by imprisonment in the County jail for no more than thirty (30)
days or by a fine, as set forth in subsection (C), below.
C.Assessment of fFines for Vviolations of cConservation or wWater uUse
rRestriction pProvisions. Any responsible party who fails to comply with any
conservation or use restriction measure is subject to the assessment of an administrative
Type I fine, added to account, pursuant to Section 72.06, below.
72.05 VIOLATIONS INVOLVING DISTRICT REAL PROPERTY
A.Removal, Disposition and Costs. The District has absolute discretion to
determine the corrective action required in connection with any violation involving
District real property, including requiring the owner of any unauthorized encroachment or
improvement to remove it, or taking action to remove it immediately and without notice.
Any improvements or uses placed within or on any District property or right of way are
subject to the following:
1. Costs and Damages. All costs and damages shall be the
responsibility of the customer and any other responsible party. Furthermore, the District
shall not be liable for costs to repair or replace any unauthorized encroachment or
improvement, or any property, improvement or thing used in connection with, supported
by or attached thereto.
2.Burden of proof. The burden shall be on the user to prove to the
District’s satisfaction, the authority, scope, and extent of any right to access, improve or
use the District’s property. Only written evidence in the form of an agreement, deed,
statute, recorded or official map or plat, governmental regulation or other official
documentright may be used to establish such claim of right.
B.Notice. In connection with any improvement or use that does not
constitute a health hazard and does not interfere with the District’s use of its property, the
District will give written notice of up to sixty (60) days, at the discretion of the General
Manager, to cease, terminate, eliminate or remove the offending improvement, structure
or use. Any written notice will be given to the responsible party or posted at the property
where the trespass or encroachment occurs. If the responsible party is not the owner of
any real property affected by the violation, the District will also give notice to the owner
of record at the address on record with the assessor’s office via personal delivery,
certified mail return receipt requested, or via Fed-Exovernight mail.
C. Immediate Aaction. In connection with any
improvement that constitutes a health hazard or interferes with the District’s use of any
District property, the District will take any immediate action deemed necessary by the
General Manager.
D.Fines. In addition to all other remedies provided under this Article or
under applicable law, the District may impose a fine as provided in Section 72.06.
Additionally, the District may impose a fine up to either the amount specified on any sign
prohibiting trespass, or a Type I or Type II fine, at the option of the District, in
connection with any trespass on District property in violation of a sign prohibiting
trespassing, pursuant to Section 72.06, below.
E.Separate vViolation. A separate violation will accrue for each day after
the deadline to cease, terminate, eliminate or remove the trespass or encroachment, as set
forth in the notice.
72.06 ADMINISTRATIVE FINES
Any administrative fines established herein shall be in the nature of civil penalties
and shall be additional and cumulative to any other fines, damages or any other charges
established by the District and are also separate from and cumulative to any other civil or
criminal penalty, fine or remedy. In connection with each violation, the District may
assess a fine up to the amount specified in the schedule of fines for the type of fine being
imposed.
Each day during which a violation is in effect constitutes a separate violation and
violations are cumulative while the account is in the name of the original violator or any
person that participated in or benefited from the violation. Except where the violation
creates an immediate danger to public health or safety, the person responsible for the
continuing violation will be provided a reasonable period of time to correct or otherwise
remedy the violation(s) prior to the imposition of administrative fines.
A.Assessment of Fines for Technical Violations of Other Code Provisions.
Any person who engages in a violation of any provision of this Code is subject to the
assessment of a separate administrative Type I Fine, unless subject to a more severe fine
as set forth in this Code.
B.Assessment of Separate Fines. Nothing in this code or the limits specified
per violation shall prevent the imposition of separate fines for each separate violation
committed during a single act. For example, in connection with a violation concerning
sewer service that involves a trespass on any portion of the District’s real property,
separate fines may be assessed for the trespass, the damage to District personal property,
the damage to District real property; the damage to the sewer system and the activity
resulting on all the damages.
C.Types of Fines. The amount for each type of fine specified below may
increase automatically to reflect any higher amount authorized by law or regulation. The
District has determined to establish two types of fines based on the
nature of the violation, as follows:
1.Type I Fine. Any violation that does not have the potential to
endanger the health or safety of the public. The fine will not exceed the amount
specified in the Section 36900(b) of the California Government Code or
Appendix A for a first, second, third or each additional violation of that same
ordinance or requirement within a twelve-month period.
2.Type II Fine. Any violation that has the potential to endanger the
public health or safety, including, but not limited to, unauthorized or illegal
connections, meter tampering, water theft, , or knowingly filing a false statement
or report required by a local health officer . The fine will not exceed the amount
specified on Appendix A per for each day the violation is identified or continues.
D.Collection of Fines. Any fines assessed by the District are payable
directly to the District and, are due upon issuance or as otherwise indicated on the notice
or bill, and are delinquent 30 calendar days from the due date.
E.Notice of Administrative Fine; Content. Notice of an administrative fine
pursuant to this section will contain the following information: (i) a brief description of
the violation(s); (ii) the date and location of the violation(s); (iii) a brief description of
corrective action(s) required, as appropriate; (iv) a statement explaining that each day the
violation continues constitutes a new violation; (v) in the case of violations creating an
immediate danger to public health or safety, the amount of civil penalty assessed or, in all
other cases, the amount of civil penalty to be assessed if the violation(s) is/are not
corrected within the time provided by the notice; (vi) a statement of the procedure for
payment and the consequences of failure to pay; (vii) contact information for the District
employee that should be contacted to discuss the notice and to whomprovide evidence of
compliance can be provided; and (viii) a brief statement describing the responsible
party’s right to request further review, pursuant to subsection (F), below.
F.Option for Board Review . Persons receiving a Notice of Administrative
Fine may request Board review. The request for Board consideration must be in writing,
must be received by the District Secretary within ten (10) calendar days from the date of
the notice and must include contact information, an explanation of the basis for the
request, and any supporting documentation said person(s) wish to provide to the Board
for review and consideration. District staff will review the petitioner’s request and will
make a recommendation to the Board in light of its investigation. The District will
provide notice of the date, time, and place for Board consideration by electronic means,
facsimile or first -class mail sent to the return addressee indicated on the written request.
G.Any Ffines Aassessed Ppursuant to the Notice of Administrative Fines
must be timely paid notwithstanding the filing of a request for Board review.
At the time of Board review, the petitioner may, address the Board and respond to
the charges to show good cause why the fine should not be imposed; however, the
customer is not entitled to a full judicial-type hearing with cross
examination, sworn testimony, etc. In accordance with the provisions of Government
Code Section 53069.4, the Board’s determination shall be final and conclusive, and shall
be deemed confirmed, if not appealed within 20 calendar days to the Superior Court of
the County of San Diego.
SECTION 72 PENALTIES AND DAMAGES
72.01 GENERAL
A.User and Owner Responsibility. Each person receiving service, or that
owns a property that receives service, agrees to pay the District any applicable fees and
charges. Such persons are also responsible for all costs and damages in connection with
any violation of this Code relating to their service.
B.District Not Liable. The District shall bear no liability for any cost,
damage, claim or expense incurred by District or any responsible party or third party on
behalf of the District arising from or related to any violation including, but not limited to,
costs, damages, claims, or expenses arising from any corrective action of the District.
Such corrective actions include, but are not limited to, the removal, confiscation,
disposition or use of any device, equipment, improvement or material encroaching on any
District property or used in connection with any other violation.
C.District Obligation to Collect Damages. Pursuant to Government Code
Section 53069.6, the District shall take all practical and reasonable steps, including
appropriate legal action, if necessary, to recover civil damages for the negligent, willful,
or unlawful damaging or taking of property of the District.
D.Assessment of Damages. Actual damages resulting from any violation,
including late payment or failure or refusal to pay for service and any interest thereon,
may be assessed and collected as part of a customer’s monthly bill to the extent allowed
by law. The District will separately invoice any actual damages not assessed on a
monthly bill, including any damages assessed against any responsible person who is not a
customer.
E.Unpaid or Partially Paid Bills. Bills issued by the District are due in full
as provided in such bills. Failure to timely pay bills in full may lead to a reduction,
suspension, or termination of service, as provided in Section 72.02(B), below, in Policy
54 of this Code, or pursuant to other provisions of this Code or applicable law. In
addition, if bills remain unpaid, in full or in part, the District may lien the delinquent real
property and may assess damages and penalties established by District or otherwise
authorized by law.
72.02 VIOLATIONS AND GENERAL PENALTIES FOR VIOLATIONS
A.Notice of Violation. Notice and a reasonable period of time to correct the
violation(s) will be given prior to the termination, reduction or suspension of service or
the imposition of any administrative fine. However, the District may, without notice,
correct any condition or violation that endangers the health or safety or impairs any
District service, facility or property or is otherwise determined by the District to require
immediate action.
Exhibit 2
1. Investigative Procedures. If a possible violation is
identified, observed or reported, the District will contact the allegedly responsible party
to investigate. If the violation is in fact occurring, District staff will issue a notice of
violation or otherwise inform the responsible party that corrective actions must be taken
within a period of time deemed reasonable by the District, taking into consideration the
nature of the violation and the potential damage that can arise if the violation continues.
2. Content of Notice of Violation. The notice will describe the
violation(s), indicate the actions that must be taken, and indicate the date by which those
actions must be taken. Unless immediate action is required, the notice will provide a
reasonable time for the violation(s) to be corrected. The notice will also specify the
amount of any delinquency, actual damages or other amounts due the District, if any, and
the telephone number of a representative of the District who can provide additional
information.
3. No Notice Required; District Action. If the District determines
that immediate or prompt correction of the violation is necessary to prevent waste or to
maintain the integrity of the water supply, systems or facilities of the District, or for the
immediate protection of the health, safety or welfare of persons or property, or for any
other compelling reason, the District will take any action deemed necessary (including
suspension, reduction or termination of service; locking or removal of meters; or repairs
of any improvements) and a notice will be left at the affected parcel specifying any
further corrective actions required. Any costs incurred by District and any applicable
fines will be the responsibility of the responsible party.
4. Notice; Failure to Comply. The responsible party will be given an
opportunity to correct the violation(s) and to provide verbal, written and pictorial
exculpatory evidence. If such evidence does not exonerate the responsible party and if
the violation(s) are not corrected to the satisfaction of the District within the time
provided, the District may assess costs, penalties, and administrative fines and may take
any other action or pursue any other remedy available. Furthermore, if the violation(s)
concern any service requirement or facility, or if required to prevent waste or to protect
the integrity of the system or the health and safety of the public, the District may suspend,
reduce or terminate service to the extent permitted by law.
B. Service Termination, Suspension or Reduction; Removing or Locking
Meters. Service may be reduced, suspended or terminated for failure to pay for service or
in connection with a violation of this Code or applicable law. Termination, suspension or
reduction of service will proceed as follows:
1. Notice Prior to Termination, Suspension or Reduction of Service.
Except as provided in Paragraph A, above, or in other provisions of this Code or
applicable law, not less than ten (10) days notice will be given prior to the date service
will be reduced, suspended or terminated; provided that, where service is terminated due
to failure to comply with the terms of an amortization agreement, under Policy 54 of this
Code, five (5) days’ prior notice is required. The notice will be delivered to the affected
parcel and, if the owner of record does not reside in the affected parcel, a copy of the
notice will be forwarded to the owner’s address on record with the
assessor’s office via any available means, such as personal delivery, certified mail return
receipt requested, email, fax or overnight mail.
2. Termination for failure to pay for service. The District may
discontinue any or all service due to failure to pay the whole or any part of a bill issued
by the District. In connection with termination of water service, the provisions of Section
60373 of the Government Code, or any other appropriate provision of law, or as set forth
in Policy 54 of this Code of Ordinance, will be followed. In connection with sewer,
Section 71672 of the California Water Code or other applicable requirements will be
followed.
C. Reconnection or Reinstatement of Service, Unlocking or
Reinstalling Meters. If service is reduced, suspended or terminated for any reason, each
of the following conditions applicable to the situation must be satisfied or arrangements
satisfactory to the General Manager or a designee must be made before service is
reinstated:
1. Outstanding amounts for service bills, including any service
charges for benefits derived from the violation, must be paid;
2. All required deposits (including any security deposits), actual
damages, fines, costs, charges, and penalties must be paid;
3. Any amounts due for the removal, locking, servicing, repair or
replacement of meters or other facilities required for service must be paid at the rates in
effect at the time of reinstatement, as set forth on Appendix A to this Code or other
schedule of fees then in effect;
4. All violations and related damages or conditions must have been
corrected and/or repaired and evidence satisfactory to the District to that effect and
demonstrating that it is safe to reinstate service, must have been provided to and
approved by the District; and
5. If the service was in the name of a tenant, the District may require
that the service account is placed in the name of the owner and that the owner assume
responsibility for the service.
D. Owner Responsibility for Account. In addition to owners’
obligations under subsection (A) of section 72.01 and subsection (C)(5) of Section 72.02,
above, and any other remedies provided by this Code or by applicable law, Owners may
be required to deliver to the District a form of acknowledgement or authorization for
service to a tenant. If the property has a history of tenants who do not pay their final
balances, the District reserves the right to demand that the property owner take
responsibility for services to the tenant-occupied parcel. The District also reserves the
right to demand that the property owner take responsibility for services to the tenant-
occupied parcel if any of the following occur: (i) a tenant engages in any violation, (ii)
the District has reduced, suspended or terminated any service to a tenant three (3) times
within any twenty-four (24) month period, or (iii) the tenant has
been delinquent five (5) or more times. The General Manager or a designee shall develop
procedures to implement these requirements.
Pursuant to Water Code Section 25806, the District may place a lien on the property for
unpaid bills by a tenant. The District will make a good faith effort to notify an owner if a
tenant-occupied account is delinquent, however, it is ultimately the owner’s responsibility
to check with the District for any outstanding balances when a tenant vacates the
property. For more information on property liens, see Policy 54.
E. Right of Access to Customer’s Premises; Interference. If any person
refuses to consent to an investigation of a possible violation or prevents or refuses to
allow access to District staff or authorized representatives to any premises or facility
during an investigation or in connection with any termination, reduction or suspension of
service, the District may seek an injunction or a warrant, as provided in Section 71601 of
the Water Code.
F. Other Remedies. In addition to the actions contemplated in this Section,
the District may seek other remedies authorized or required by any applicable law,
including imposing an administrative fine, pursuant to Section 72.06, or pursuing other
available civil or criminal remedies.
72.03 CERTAIN SPECIFIC OPERATIONAL VIOLATIONS
A. Unauthorized Connections. The District shall bear no cost or liability for
an unauthorized connection. In addition to other remedies, any unauthorized connection
is subject to a Type II fine, pursuant to Section 72.06 depending upon the severity,
duration and reoccurrence of the violation and any other factors the District may
reasonably take into consideration. Further, the District may demand that the
unauthorized connection be immediately disconnected. In the alternative, if the customer
refuses to take immediate action, or if immediate actions are necessary as set forth in
Section 72.02(A)(3), above, the District may immediately disconnect, remove, confiscate,
destroy, or dispose of any parts installed with or used for the unauthorized connection, all
at the expense of the customer and any other responsible party. To the extent allowed by
law, the District may also terminate service to any parcel and any person that allows, uses
or benefits from such unauthorized connection.
B. Water Waste. No customer shall knowingly permit leaks or other wastes
of water including, but not limited to, allowing runoff on any portion of his or her
property, engaging in non-permitted uses of water, or failing to take corrective action
after notice of any leak or water waste is given. If the District determines that water
waste is occurring, the District will:
1. Notify the customer that they are in violation of the District’s Code
of Ordinances.
2. Notwithstanding the foregoing, the District
may, without prior notice, repair or replace any District controlled facilities at the cost of
the person(s) identified as the responsible party.
3. If the water waste is due to a condition within the customer’s
property or facilities, the District may (i) require the customer to repair or replace the
affected facilities, immediately or within a reasonable time, depending on the situation; or
(ii) if necessary, to prevent further waste, adjust, lock or remove the meter. If any repair
or replacement required is not completed in a timely manner, the District may perform
the repair or replacement at the cost of the customer or may terminate service without
further notice.
C. Meter Tampering. In addition to other remedies, meter tampering is
subject to a Type II fine pursuant to Section 72.06 depending upon the severity, duration,
reoccurrence of the violation, and any other factors the District may reasonably take into
consideration. Additionally, meter tampering may be prosecuted as a crime under
Section 498 of the California Penal Code, as set forth in Section 73.01 of this Code.
D. Fire Service Violation. Fire service is subject to compliance with all
provisions of this Code and the law concerning water service. Failure to comply with
such provisions may result in the reduction, suspension, termination or disconnection of
water service for fire protection, without any liability to District. Furthermore, illegal
connections or other violations relating to fire service are subject to either a Type I or
Type II fine, at the option of the District, and may be prosecuted as crimes.
E. Backflow Prevention, Screens and Other Safety Devices. If service
requirements include the installation, testing and maintenance of backflow prevention
devices (Section 23.04 of this Code), screens or other safety operational items, in addition
to, or in lieu of, other remedies provided herein, the District may apply any of the
remedies under Section VI and VII of the District’s Ordinance No. 386, as amended or
renumbered. Furthermore, violations relating to backflow testing may be prosecuted as
set forth in Section 73.01 of this Code. Violations of backflow requirements or
knowingly filing a false statement or report required by a local health officer are subject
to either a Type I or Type II fine, at the option of the District, pursuant to Section 72.06,
below.
F. Violation Concerning Recycled Water Service. In addition to any fine,
revocation, suspension or penalty imposed under Section 26 in connection with any
violation of said Section, including permit suspension or revocation under Section
26.07.C, the District may (i) suspend or terminate water and or sewer service to the
property, the owner and/or the operator; (ii) require payment by the owner for any
damage to the District facilities, reimbursement to District of costs and expenses, or fines
imposed on the District in connection with such violation; or (iii) prosecute the
responsible party under any applicable provision of this Code, the Water Code or the
Penal Code. Additionally, any violation concerning recycled water service is subject to
either a Type I or Type II fine, at the option of the District, pursuant to Section 72.06,
below.
G. Violation Concerning Sewer Service. In addition to
any other remedy, fine, or penalty provided by this Code or applicable law, failure to
comply with any requirements of sewer service, including requirements for the
preservation of public health, safety and welfare and including, but not limited to, the
requirements established under Article II, Chapter 2, Sections 50 to 56.04 of this Code, as
hereafter amended or as supplemented by other District Rules and Regulations for Sewer
Service, the California Health and Safety Code, the California Code of Regulations,
Titles 17 and 22, and Water Agency Standards. Furthermore, may be prosecuted as set
forth in Section 73.01 of this Code. Additionally, any violation concerning sewer service
is subject to a Type I or Type II fine, at the option of the District, pursuant to Section
72.06, below.
H. Theft, Fraud, or Misappropriation. In addition to any other remedy, fine
or penalty provided by this Code or applicable law, any violation involving theft, fraud or
misappropriation of District water, services, or property is subject to a Type I or Type II
fine, at the option of the District, pursuant to Section 72.06, below.
72.04 VIOLATIONS OF CONSERVATION OR OTHER WATER USE
RESTRICTION PROVISIONS
The District has established and published conservation measures set forth in
Section 39 of the Code. Commencing with declared Level 2 conditions, the District may
assess water shortage rates and charges previously adopted. In addition, after notice of
the declared water shortage level is given as required by law, any person who uses,
causes to be used, or permits the use of water in violation of such requirements (other
than a person who qualifies for an applicable exemption, if any) may be assessed
damages, penalties, and fines.
A. Additional Provisions Concerning Use Restriction Violations. In addition
to payment of actual damages, the following may apply to a violation of any water
conservation or water use restriction measure:
1. A change of the account holder shall not cause the account to
revert to pre-violation status unless the new account holder provides evidence that
it is not related to the violator and had no responsibility for the prior account.
2. The District may reduce, suspend or terminate service to any
parcel immediately and without further notice if the violation involves or results
in water waste, as set for in Section 72.03(B), above.
3. Willful violations of mandatory conservation measures described
in Section 39 of this Code may be enforced by terminating service to the property
at which the violation occurs, as provided by Section 356 of the California Water
Code.
B. Prosecution for Violations of Conservation Measures. Pursuant to Section
377 and 71644 of the California Water Code, each violation of the District’s
Conservation Ordinance, set forth in Section 39 of this Code, may be prosecuted as a
misdemeanor, punishable by imprisonment in the County jail for no
more than thirty (30) days or by a fine, as set forth in subsection (C), below.
C. Assessment of Fines for Violations of Conservation or Water Use
Restriction Provisions. Any responsible party who fails to comply with any conservation
or use restriction measure is subject to the assessment of an administrative Type I fine,
added to account, pursuant to Section 72.06, below.
72.05 VIOLATIONS INVOLVING DISTRICT REAL PROPERTY
A. Removal, Disposition and Costs. The District has absolute discretion to
determine the corrective action required in connection with any violation involving
District real property, including requiring the owner of any unauthorized encroachment or
improvement to remove it, or taking action to remove it immediately and without notice.
Any improvements or uses placed within or on any District property or right of way are
subject to the following:
1. Costs and Damages. All costs and damages shall be the
responsibility of the customer and any other responsible party. Furthermore, the District
shall not be liable for costs to repair or replace any unauthorized encroachment or
improvement, or any property, improvement or thing used in connection with, supported
by or attached thereto.
2. Burden of proof. The burden shall be on the user to prove to the
District’s satisfaction, the authority, scope, and extent of any right to access, improve or
use the District’s property. Only written evidence in the form of an agreement, deed,
statute, recorded or official map or plat, governmental regulation or other official
document may be used to establish such claim of right.
B. Notice. In connection with any improvement or use that does not
constitute a health hazard and does not interfere with the District’s use of its property, the
District will give written notice of up to sixty (60) days, at the discretion of the General
Manager, to cease, terminate, eliminate or remove the offending improvement, structure
or use. Any written notice will be given to the responsible party or posted at the property
where the trespass or encroachment occurs. If the responsible party is not the owner of
any real property affected by the violation, the District will also give notice to the owner
of record at the address on record with the assessor’s office via personal delivery,
certified mail return receipt requested, or via overnight mail.
C. Immediate Action. In connection with any improvement that constitutes a
health hazard or interferes with the District’s use of any District property, the District will
take any immediate action deemed necessary by the General Manager.
D. Fines. In addition to all other remedies provided under this Article or
under applicable law, the District may impose a fine as provided in Section 72.06.
Additionally, the District may impose a fine up to either the amount specified on any sign
prohibiting trespass, or a Type I or Type II fine, at the option of the District, in
connection with any trespass on District property pursuant to Section 72.06, below.
E. Separate Violation. A separate violation will accrue
for each day after the deadline to cease, terminate, eliminate or remove the trespass or
encroachment, as set forth in the notice.
72.06 ADMINISTRATIVE FINES
Any administrative fines established herein shall be in the nature of civil penalties
and shall be additional and cumulative to any other fines, damages or any other charges
established by the District and are also separate from and cumulative to any other civil or
criminal penalty, fine or remedy. In connection with each violation, the District may
assess a fine up to the amount specified in the schedule of fines for the type of fine being
imposed.
Each day during which a violation is in effect constitutes a separate violation and
violations are cumulative while the account is in the name of the original violator or any
person that participated in or benefited from the violation. Except where the violation
creates an immediate danger to public health or safety, the person responsible for the
continuing violation will be provided a reasonable period of time to correct or otherwise
remedy the violation(s) prior to the imposition of administrative fines.
A. Assessment of Fines for Technical Violations of Other Code Provisions.
Any person who engages in a violation of any provision of this Code is subject to the
assessment of a separate administrative Type I Fine, unless subject to a more severe fine
as set forth in this Code.
B. Assessment of Separate Fines. Nothing in this code or the limits specified
per violation shall prevent the imposition of separate fines for each separate violation
committed during a single act. For example, in connection with a violation concerning
sewer service that involves a trespass on any portion of the District’s real property,
separate fines may be assessed for the trespass, the damage to District personal property,
the damage to District real property; the damage to the sewer system and the activity
resulting on all the damages.
C. Types of Fines. The amount for each type of fine specified below may
increase automatically to reflect any higher amount authorized by law or regulation. The
District has determined to establish two types of fines based on the nature of the
violation, as follows:
1. Type I Fine. Any violation that does not have the potential to
endanger the health or safety of the public. The fine will not exceed the amount
specified in the Section 36900(b) of the California Government Code or
Appendix A for a first, second, third or each additional violation of that same
ordinance or requirement within a twelve-month period.
2. Type II Fine. Any violation that has the potential to endanger
public health or safety including, but not limited to, unauthorized or illegal
connections, meter tampering, water theft, or knowingly filing a false statement or
report required by a local health officer. The fine will not
exceed the amount specified on Appendix A for each day the violation is
identified or continues.
D.Collection of Fines. Any fines assessed by the District are payable
directly to the District and are due upon issuance or as otherwise indicated on the notice
or bill and are delinquent 30 calendar days from the due date.
E.Notice of Administrative Fine; Content. Notice of an administrative fine
pursuant to this section will contain the following information: (i) a brief description of
the violation(s); (ii) the date and location of the violation(s); (iii) a brief description of
corrective action(s) required; (iv) a statement explaining that each day the violation
continues constitutes a new violation; (v) in the case of violations creating an immediate
danger to public health or safety, the amount of civil penalty assessed or, in all other
cases, the amount of civil penalty to be assessed if the violation(s) is/are not corrected
within the time provided by the notice; (vi) a statement of the procedure for payment and
the consequences of failure to pay; (vii) contact information for the District employee
that should be contacted to discuss the notice and to whom evidence of compliance can
be provided; and (viii) a brief statement describing the responsible party’s right to request
further review, pursuant to subsection (F), below.
F.Option for Board Review. Persons receiving a Notice of Administrative
Fine may request Board review. The request for Board consideration must be in writing,
must be received by the District Secretary within ten (10) calendar days from the date of
the notice and must include contact information, an explanation of the basis for the
request, and any supporting documentation said person(s) wish to provide to the Board
for review and consideration. District staff will review the petitioner’s request and will
make a recommendation to the Board in light of its investigation. The District will
provide notice of the date, time, and place for Board consideration by electronic means,
facsimile or first-class mail sent to the return address indicated on the written request.
G.Any Fines Assessed Pursuant to the Notice of Administrative Fines must
be timely paid notwithstanding the filing of a request for Board review.
At the time of Board review, the petitioner may, address the Board and respond to
the charges to show good cause why the fine should not be imposed; however, the
customer is not entitled to a full judicial-type hearing with cross examination, sworn
testimony, etc. In accordance with the provisions of Government Code Section 53069.4,
the Board’s determination shall be final and conclusive, and shall be deemed confirmed,
if not appealed within 20 calendar days to the Superior Court of the County of San Diego.