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Article VII.  Termination and Restoration of Service
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3.05.310 Termination of domestic water service.
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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.

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’s service and billing address. The district shall notify the property owner or authorized agent of impending termination if property owner has authorized a second party to receive billing statements.

If the district is unable to make contact with the customer by telephone, and written notice is returned through the mail as undeliverable, the district shall make a reasonable good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place, a notice of imminent termination of domestic service for nonpayment at least 48 hours prior to the termination date.

Notice of termination of domestic water service shall include:

a. The customer’s name and address.

b. The amount of the delinquency.

c. The date by which payment or arrangement for payment is required in order to avoid discontinuation of residential service.

d. A description of the process to apply for an extension of time to pay the delinquent charges.

e. A description of the procedure to petition for bill review and appeal.

f. A description of the procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent residential service charges, consistent with the district’s policy to avoid discontinuation of domestic service for nonpayment.

If the customer appeals their bill and submits a request for account review, domestic water service shall not be discontinued while an appeal is pending. The district will thereafter determine if domestic water service shall be continued or terminated.

Before terminating domestic water service to residential customers served through a master meter or individually metered domestic water service connection 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 for the domestic water service, the district shall make every good faith effort to inform the actual users of the domestic water service, when the account is in arrears, by means of a notice, that domestic water service will be terminated in 10 days, in accordance with Cal. Gov’t Code § 60371.

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.

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

a. 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;

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

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

d. 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.

1. Residential service will not be terminated for nonpayment if:

a. Customer submits 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 service is provided; and

b. Customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for a deferred or reduced payment with respect to all delinquent charges consistent with the rules and regulations. The repayment option provided should result in repayment of any remaining outstanding balance within 12 months.

2. Residential service may be discontinued if:

a. Final notice of intent to disconnect service is posted at the property at least five business days prior to the termination date; and

b. Customer fails to comply and is at least 60 days delinquent on the amortization agreement, alternative payment schedule or deferred or reduced payment plan; or

c. Customer fails to pay current residential service charges for 60 days or more while participating in an amortization agreement, alternative payment schedule, or a deferral or a reduction in payment plan for delinquent charges.

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. 1399.13 § 7-1, 2019)

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