Discontinuation Of Residential Water Service Policy

Purpose/Background

This policy details the Pixley Public Utility District's (District) administrative action for the collection of delinquent accounts, including notifications, fee assignments, and discontinuation of water service. This policy is intended to further implement the District’s Water Ordinance, as amended, and comply with all aspects of the Water Shutoff Protection Act (SSB 998).

District staff can be contacted in person at the main office at 232 East Davis Avenue, Pixley, California 93256 or by phone at (559) 757-3878 to discuss options for avoiding discontinuance of residential water services for non-payment under the terms of this policy.

A copy of this policy is available to the public on the District website and in writing upon request. This policy is available in English, Spanish, Vietnamese, Korean, Chinese, and Tagalog.

Delinquent Account:

The District water charges are due and payable at the office of the District on the date of mailing the bill and delinquent on the twenty-fifth (25th) day of the month following the month in which the bill was sent.

The following rules shall apply to the collection of delinquent accounts:

Small Balance Account: Any balance on a bill of $10 or less may be carried over, and added to, the next billing period without being assessed a late fee or incurring further collection actions.

Late Charges: Any bill not paid by the twenty-fifth (25th) day of the month following the month in which the bill was sent be delinquent and a penalty of $25.00 shall be collected along with the principal amount.

Late Charges with an Alternative Payment Agreement: Late charges will not be assessed on unpaid balances that are the subject of an alternative payment agreement or on unpaid balances that were the subject of an unsuccessful appeal and which are paid, in full, within five (5) days following the appeal.

Waiver of Late Charges: At the request of the customer, the District will waive the late charge if there are extenuating circumstances, or if the customer's annual household income is less than two hundred percent (200%) of the federal poverty level, and the customer has not been assessed a late charge for delinquent payment in the preceding twelve (12) months.

Amortization Plan Arrangements: Any customer who is unable to pay for water service within the normal payment period may request an amortization plan to avoid disruption of service. The District will consider all circumstances surrounding the request and decide as to whether the payment arrangement is warranted.

Alternative Payment Agreements:

• Any and all alternative payment agreements must be requested by the customer prior to the scheduled date of service discontinuance. Alternative Payment Agreements include:
  • Alternative Payment Arrangements: Any customer who is unable to pay for water charges within the normal payment period may request an alternative payment arrangement or a temporary deferral of payment to avoid late charges or disruption of services. The District shall not discontinue water service for non-payment if a customer has requested and entered into an alternative payment arrangement.
  • Payment Amortization: Payment arrangements that extend into the next billing period are considered an amortization plan, which must be in writing and signed by the customer. An amortization plan will amortize the unpaid balance over an extended period agreed to by the District, not to exceed twelve (12) months from the original date of the bill. The amortized payment amount and the current payment must be received by the District by the twenty-fifth (25th) day of the month when due. The customer must comply with the terms of the amortization plan and remain current as charges accrue in each subsequent billing period.
• Only one active alternative payment agreement may exist on an account at any given time. A customer will not be eligible to participate in any alternative payment agreements if they have failed to comply with the terms of a prior alternative payment arrangement within the previous twelve (12) month period.
• Failure to comply with the terms of any alternative payment agreement listed above will result in the account being subject to service discontinuance. Service will be discontinued under either of the following circumstances: the customer fails to comply with the terms of an alternative payment agreement for sixty (60) days or more, or while undertaking an alternative payment agreement the customer does not pay their current residential service charges for sixty (60) days or more.
• The District may choose which of the payment arrangement options the customer undertakes and may set the parameters of the payment option.
• The District may, in its discretion, offer any other payment schedule as authorized by Health and Safety Code sections 116900, et seq., to customers who meet the qualifications described above.

Written Notice of Intent to Disconnect: Notwithstanding anything to the contrary in the District’s Water Ordinance, as amended, the District shall not discontinue water service for non-payment until payment by the customer has been delinquent for at least sixty (60) days. The District will make a reasonable, good-faith effort to contact the customer fourteen (14) days before discontinuation of water service for non-payment. The written Notice of Intent to Disconnect will be mailed to  the mailing address designated on the account. If the mailing address and the address of the property to which water service is provided are different, a second notice will be mailed to the service address and address to "Occupant". In addition to anything required by the District’s W ater Ordinance, the written Notice of Intent to Disconnect will also include:

• Customer's name and address.
• Amount of the delinquency.
• Payment deadline to avoid discontinuation of residential services.
• The process to apply for extension of the time to pay delinquent charges.
• The process to petition for bill review and appeal.
• The process to apply for an alternative payment arrangement, an amortization plan, or partial reduction of unpaid balance.
• The District's contact and phone number.
• Notice to Residential Tenants/Occupants in an Individually Metered Residence: The District will make a reasonable, good faith effort to inform the occupants, by means of written notice, when the water service account is in arrears and subject to discontinuation at least ten (10) days before water service is shut off. The written notice will advise the tenant/occupant that they have the right to become customers of the District without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charges for water service at that address. For the amount due on the delinquent account to be waived the tenant/occupant must verify tenancy in the form of a rental agreement or proof of rent payments.
• Notice to Tenants/Occupants in a Multi-Unit Complex Served through a Master Meter: The District will make a reasonable, good faith effort to inform the occupants, using written notice hung on the door of each residence, when the water service account is in arrears and subject to discontinuation at least ten (10) days before water service is shut off. The written notice will advise the tenant/occupant that they will have the right to become customers of the District without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charges for water service at the address(es) served by the master meter. If one or more of the occupants are willing and able to assume responsibility for the subsequent charges for water services to the satisfaction of the District, or if there is a physical means, legally available to the District, of selectively terminating service to those occupants who have not met the requirements for service, the District will m ake service available to the occupants who have met those requirements.

If the written Notice of Intent to Disconnect is returned through the mail as undeliverable or if the service address does not receive mail at that service address, the District will make a reasonable, good faith effort to visit the residence and leave a notice of discontinuation of water service for non-payment.

The District assumes no responsibility for phone or other contact information that has not been kept up-to-date by the customer.

Water Service Discontinuation: 

1. Final Disconnect Notice: Failure to comply with the terms of an alternative payment agreement for sixty (60) days or more or failure to pay current residential services for sixty (60) days or more will result in the issuance and posting of a final Disconnect Notice. The final written Disconnect Notice will be in the form of a door hanger delivered to the service address no less than five (5) days in advance of the discontinuance of water service.
2. Forty-Eight Hour Notice of Termination: The District will make a reasonable, good faith effort to notify the customer forty-eight (48) hours in advance of discontinuation of water service for non-payment by the phone number on the account. The forty-eight (48) hour courtesy call is meant entirely as a courtesy and failure of the District to call or failure by the customer to receive the call shall not constitute an acceptance reason for non-payment or delay disconnection.

• Disconnection Deadline: All delinquent water service charges and associated fees must be received by the District by 4:00 p.m., on the day specified in the final written Disconnect Notice. Any customer's account which remains unpaid and without an alternative payment agreement beyond the due date of the final written Disconnect Notice will be subject to water service discontinuation. All alternative payment agreement requests or requests for appeal must be received by the District Main Office (232 E. Davis, Pixley, California 93256) by 4:00 p.m., on the day specified in the final written Disconnect Notice.

• Disconnection of W ater Service for Non-Payment: The District will discontinue water service by turning off, and in some cases locking off, the meter on the date specified on the final written Disconnect Notice. The customer will be charged a reconnection fee of $25.00.
• District Field Staff: The District field staff are unable to make payment arrangements or accept payments.
• W ater services shall not be discontinued to a residential service for non-payment if ALL of the following conditions are met:
  • The customer, or a tenant of the customer, submits to the District the certification of a primary care provider that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided.
  • The customer demonstrates they are financially unable to pay for residential service

within the District's normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the District's normal billing cycle if any member of the customer's household is a current recipient of CalW ORKS, CalFresh, General Assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program,  or  California  Special  Supplemental  Nutrition  Program for  Women, Infants, and Children, or the customer declares that the household's annual income is less than two hundred percent (200%) of the federal poverty level.

Water Service Reconnection: To resume or continue water service that has been disconnected for non-payment, the customer must pay a reconnection fee of  $25.  Customers who demonstrate to the District that they have a household annual income of less than two hundred percent (200%) of the federal poverty level shall be subject to a reconnect fee of $10 during normal business hours (this amount shall increase annually on January based on the change in the consumer price index). The District will endeavor to reconnect service as soon as practicable but, at a minimum, will restore service before the end of the next regular working day following payment of any past due amount, or delinquent fees attributable to the termination of service. Water service that is turned on by any person other than District personnel or without the District's authorization may be subject to fines or additional charges or fees. Any damages that occur as a result of unauthorized restoration of service are the responsibility of the customer.

Water Service Reconnection after Business Hours: There may not be District personnel available to handle an after-hour reconnection. If available, service restored after 3:30 p.m. Monday-Friday, weekends, or holidays will be charged an after-hours reconnection fee of up to $75.  The after-hours reconnection fee is in addition to the regular reconnection fee and pastdue charges for a delinquent account.

Notification of Disposition of Returned Check: Upon receipt of a returned check taken as payment of water service or other charges, the District will consider the account not paid. The District will make a reasonable, good faith effort to notify the customer by phone or mail of the returned payment. Water service will be disconnected if the amount of the returned check and the returned check charge are not paid on or before the specified date in the notice. All amounts paid to redeem a returned check and to pay the returned check charge must be in cash, credit card, or cashier's check. In the event a customer's check or online payment is returned by the bank unpaid three (3) times within a twelve (12) month period the District will notify the customer informing that only cash, credit card, or cashier's check will be accepted as payment for twelve (12) months from the most recent returned payment. The returned check charge ranges from  $5 to $25.

Returned Checks for Previously Disconnected Services: In the event a customer tenders a nonnegotiable check as payment to restore water service previously disconnected for non-payment and the District restores services, the District will consider the delinquent account unpaid and may promptly disconnect service without providing further notice. Any customer issuing a nonnegotiable check as payment to restore water service disconnect for non-payment will be required to pay cash, credit card, or cashier's check to restore future service disconnections for twelve (12) months from the date of the returned payment.