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Article VII. Termination and Restoration of Service

A. District Initiated. The district has the right to terminate domestic water service if the customer fails to comply with these regulations. In addition, if the customer receives and fails to pay for other district services or fees, the district has the right to terminate domestic water service. Under such circumstances, the district will make a reasonable effort to notify the customer and property owner.

Termination procedures are as follows:

When delinquency occurs, the district will provide to the customer notice of the delinquency and impending termination of domestic water service at least 10 days prior to the proposed termination by means of a notice mailed, postage prepaid, to the customer to whom domestic water service is billed not earlier than 19 days from the date of mailing district’s bill for services. The 10-day period shall not commence until five days after the mailing of the notice, as provided in Cal. Gov’t Code § 60373.

The district shall make a reasonable, good faith effort to contact an adult person residing at the property of the customer by telephone or in person at least 48 hours prior to any termination of domestic water service except that whenever telephone or personal contact cannot be accomplished, the district shall give, by mail or by posting in a conspicuous location at the property, a notice of termination of service, at least 48 hours prior to termination. The district shall notify the property owner of impending termination if property owner has authorized a second party to receive billing.

Notice of termination of domestic water service shall include the name and address of the customer whose account is delinquent, amount of delinquency, date by which payment or arrangements for payment is required in order to avoid termination, the procedure by which the customer may initiate a complaint or request an investigation concerning service or charges and the telephone number of district representatives who can provide additional information or institute arrangements for payment.

The district may grant an extension of the period for payment of a bill or establish an amortization agreement, at the discretion of the general manager, as provided in Cal. Gov’t Code § 60372. If the customer fails to comply with an amortization agreement, the district shall not terminate domestic water service without giving notice to the customer at least 48 hours prior to termination, but the notice does not entitle the customer to further investigation by the district.

Prior to termination of domestic water service, notice is not required when the illegal noncompliance (i.e., tampering), violation or infraction of these regulations by the customer results, or is likely to result, in dangerous or unsanitary conditions on the property or in the water system or elsewhere. In such cases, the district may order immediate termination of domestic water service.

Before terminating domestic water service, subject to the exception as otherwise provided above, the district will give the customer notice, in writing, specifying the reason or reasons why domestic water service may be terminated and granting an opportunity to be heard, if requested, within five days of mailing of said notice. The domestic water service address, if different from the billing address, will also receive a notice with the opportunity to be heard, if requested, within five days of mailing of said notice. The written notice may be mailed by standard U.S. postal mail and certified or registered mail delivery is not required. If the customer fails or refuses to comply with the notice or fails to request an opportunity to be heard within five days after the presentation of the notice, then the district may terminate domestic water service to the customer. If the customer requests the opportunity to be heard and is heard, the district will thereafter determine if domestic water service shall be continued or terminated in accordance with Cal. Gov’t Code § 60370 et seq.

Before terminating domestic water service to residential customers through master meter or individually metered domestic water service in a multi-unit residential structure, mobile home park or farm labor camp where the owner, manager or farm labor employer is listed by the district as the customer of record in the domestic water service, district shall make every good faith effort to inform the actual users of the domestic water services, when the account is in arrears, by means of notice, that domestic water service will be terminated in 10 days, in accordance with Cal. Gov’t Code § 60371.

Termination of domestic water service for failure to pay delinquent fees and charges is contained in CVWDC 3.05.300.

Termination of domestic water service may also be initiated by the district under the following circumstances:

1. Where conditions of use have changed materially to the point where new or additional fees or charges are due or other charges in the domestic water service are required or appropriate but the customer refuses to agree to the additional fees or charges in the domestic water service, the district may terminate the domestic water service;

2. Where excessive demands by one customer may result in inadequate domestic water service to others;

3. To protect itself against fraud or abusive conduct on the part of the customer; or

4. As provided in this subsection (A) and in CVWDC 3.05.380(F) and (G) and 3.05.420.

The district shall not terminate domestic water service by reason of delinquency in payment or otherwise cause cessation of domestic water services on any Saturday, Sunday, legal holiday, or at any time when district business offices are not open to the public.

B. Medical Provision. When a medical condition exists where termination of service would result in a life-threatening situation, customer may apply for a medical provision. A written request for medical provision must be received 48 hours prior to turnoff. Along with the written request, a doctor’s note must be included. This note must have the patient’s name and address (patient’s address must match the service address). The doctor’s note will expire six months from the date written. It is the customer’s responsibility to renew the documents to extend the medical provision on this account.

Medical provision may delay standard turnoff by up to five business days. Medical provision will enable customer to establish a payment plan where an unpaid balance may be amortized over a number of months, not to exceed 12 months.

C. At Customer’s Request. A customer may have domestic water service terminated by notifying the district at least 48 hours in advance of the desired date of termination and by paying the charge as provided in CVWDC 3.05.140(D). The district may require the notice to be in the form of writing, either electronic or paper. The monthly service charge will continue to be assessed in accordance with CVWDC 3.05.140(A). Domestic water service will only be terminated during the district’s normal working hours and working days unless approved by the district in advance.

D. Permanent Termination of Service. A customer may have domestic water service permanently terminated as provided for in CVWDC 3.05.070(F) and (F)(1). (Ord. 1399.12 § 7-1, 2017)