Ordinance No. 536-11ORDINANCE NO. 536-11
AN ORDINANCE OF
THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
REGARDING DISCONNECTION OF SERVICE
AMENDING SECTION 6.1.1 AND
SUPERSEDING ORDINANCE NO. 480-02 IN ITS ENTIRETY
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility
District, County of El Dorado, State of California, as follows:
SECTION 1— POLICY AND PURPOSE
The purpose of this Ordinance is to bring the District's disconnection notice
procedures in compliance with state law.
SECTION II — DEFINITIONS
For the purposes of this Ordinance, the terms used herein are defined as follows:
A. The District — The South Tahoe Public Utility District.
B. The Board — The Board of Directors of the South Tahoe Public Utility
District.
C. Administrative Code — The compilation and codification of all of the
Administrative, Water, Sewer, Street Lighting and Groundwater
Management Plan Ordinances of the District, which establish the authority
and the principles for the decisions of the District, and provide the public
with guidelines applicable to District operations.
SECTION III — FINDINGS
The Board of Directors of the South Tahoe Public Utility District, County of El
Dorado, State of California, make the following findings:
1. The Public Utility District Act, codified at Public Utilities Code section
15501 et seq., imposes certain notice requirements on public utility districts'
disconnection of residential water and sewer service.
2. The provisions of the District's Administrative Code governing the
disconnection of residential water and sewer service do not presently include all
requirements set forth in the Public Utility District Act.
3. The Board finds that it is in the best interests of the District's customers to
make the provisions of the Administrative Code consistent with the Public Utility District
Act requirements for disconnection of water and sewer service.
SECTION IV — AMEND SECTION 6.6.1 OF THE ADMINISTRATIVE CODE
Administrative Code Section 6.6.1 is to be amended as follows:
6.6.1 Disconnection of Service. The District shall follow the following
procedures for disconnection of service for violation of the Ordinances, rules or
regulations of the District, and nonpayment of delinquent service charges.
a) Notice to District Customer of Record The District shall not terminate water
or sewer service unless it provides notice of the violation or delinquency and impending
termination to the customer of record on the account, in accordance with this subsection.
The District shall provide notice of the violation or delinquency and impending
termination at least ten (10) days prior to the proposed termination by means of a notice
sent by regular U.S. mail, postage prepaid, to the customer of record. Notice of the
violation or delinquency and impending termination may not be sent any earlier than
nineteen (19) days after the District's mailing of its water or sewer bill. The ten (10) day
notice period shall not commence until five (5) days after the notice is mailed. Each
notice of termination must contain the information set forth in Public Utilities Code
section 16482.1, subdivision (d). The notice described above must be provided to the
customer of record whether or not the customer of record occupies the property at which
the violation has occurred or for which the account is delinquent.
In addition to providing written notice as described above, the District shall make
a reasonable good faith effort to contact an adult person residing at the location of
service, by telephone or personal contact, at least 48 hours prior to any termination of
service. If telephone or personal contact cannot be accomplished, the District shall give,
by regular mail, in person, or by posting in a conspicuous location at the location of
service, a notice of termination of service, at least 48 hours prior to the termination.
b) Prohibition of Disconnection of Service. The District shall not disconnect
water or sewer service:
(1) During the pendency of an investigation by the District of a customer dispute
or complaint;
(2) When a customer has been granted an extension of the period for payment of
a bill; or
(3) For residential service, on the certification of a licensed physician and
surgeon that to do so will be life threatening to the customer and the customer is
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Notice for Disconnection of Service
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financially unable to pay for service within the normal payment period and is willing to
enter into an amortization agreement with the District, pursuant to Public Utility Code
section 16482.1(e), with respect to all charges that the customer is unable to pay prior to
delinquency.
SECTION V – SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance and its implementing rules and regulations is for any reason held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance or the Administrative Code. The Board of Directors declares
and determines that it would have passed any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance and its implementing rules and regulations
and the Administrative Code irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to
be unconstitutional or invalid.
SECTION VI – EFFECTIVE DATE
This Ordinance amending the above referenced section to the Administrative
Code shall take effect thirty days after its passage.
PASSED AND ADOPTED the Board of Directors of the South Tahoe Public
Utility District at its duly held regular meeting on the 6th day of October, 2011, by the
following vote:
AYES: Cefalu, Jones, Mosbacher, Rise, Schafer
NOES: None
ABSENT: None
ATTEST: —��
Kathy
Dale Rise, Board President
South Tahoe Public Utility District
, Clerk of t Board
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Notice for Disconnection of Service
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