CHAPTER 23C. UTILITY SERVICES.
Article III. Enforcement.
Sec. 23C-3-2. Methods for collection of delinquent payment of utility service bill.
When part or all of a utility service bill has been determined to be
delinquent in payment and is subject to enforcement methods as hereinabove
provided in Section 23C-2-6(g) of this Chapter, the director of finance or his
designated representative in charge of utility billing may do or cause to be
done each and every one of the following, either singly or
cumulatively:
(a) Discontinuation of Service. Any and all utility service
for which the bill is rendered may be discontinued, including but not limited to
shutting off water service for nonpayment of any charge on the utility service
bill.
(b) Bringing of Legal Action. A legal action on behalf of the city may
be brought in any court of competent jurisdiction to collect the amount due
along with any unpaid deposit, charge or penalty thereon.
(c) Filing of a
Lien. A list of delinquent unpaid utility service charges and penalties thereon
may be filed with the county recorder and shall continue to constitute a lien
upon the real property served until the charge and all penalties thereon are
fully paid or the property is sold therefor; provided that such list is prepared
and filed as required by Government Code Section 54355, as it may be amended
from time to time. Such list shall be verified by an oath of the collector
substantially in the following form:
“STATE OF CALIFORNIA )
)
SS.
“County of Yolo )
“I, , the (kind of
utility service) collector of the City of Woodland, do hereby swear that the
attached list is a true and accurate list of the descriptions of real properties
within said city, the occupancies of which are in default in the payment of
(kind of utility service) collection charges for a period within the preceding
fiscal year, to wit, from July 1, 19 , to June 30, 19 . I do
hereby swear further that the amounts in arrears and unpaid, including penalties
thereon, are set forth opposite each occupancy.
Subscribed and sworn to
before me on this day of August, 19 .
.”
For purposes of this subsection, it
further is noted that the rates, charges, and penalties in this Chapter have
been established after notice and hearing as required by Government Code Section
54354.5.
(d) Imposition of a Special Assessment. Each charge set out upon a
delinquency list as immediately hereinabove described under subsection (c) and
unpaid prior to October 1st of such year shall constitute a special assessment
against the real property upon which the utility service charge has accrued, and
shall constitute a tax lien on the real property for the amount of such charge.
After October 1st of such year it shall be the duty of the county auditor and
the county tax collector to add the amounts of the respective assessments to the
next regular bills for taxes levied against the respective real property for
city purposes, and thereafter such amounts shall be collected at the same time
and in the same manner as ordinary city taxes are collected, and shall be
subject to the same penalties and the same procedure under foreclosure and sale
in case of delinquency as provided for ordinary city taxes. (Ord. No. 952,
§ 2.)
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