§ 6-106. LATE PAYMENT OF MUNICIPAL SERVICE BILLS.

(a)

Service Charge. Whenever a payment of any bill for municipal utility services is not received by the specified delinquent date, the delinquency service charge designated in the Master Fee Resolution shall be, without notice, added to the amount of such bill and become part thereof. This subsection shall not apply to payments due from any government or governmental agency.

(b)

Delinquency Notice. A delinquent bill notice or reminder, stating the amount past due and remaining unpaid and the service charge due and payable, may be mailed to the customer and to the owner of the premises.

(c)

Collection or Restoration Charge. Upon any of the following listed occurrences, the Controller may send a representative to collect the bill or discontinue the utility service, and the service charge designated in the Master Fee Resolution shall be charged for this collection follow-up and/or any restoration or reconnection of service during normal working hours. This amount shall be in addition to the service charge imposed under subsection (a) of this section,

(1)

When a delinquent bill, bill notice or reminder, or dishonored check remains unpaid more than seven days after a mailing of a notice or reminder thereof;

(2)

When a written application for service is not received as provided in subsection (b) of Section 6-103;

(3)

When final acceptance of the application (and continuance of service) cannot be made and the defect is not corrected as provided in subsection (d) of Section 6-103;

(4)

When service has been discontinued for violations of other sections of this Code, or of lawful rules and regulations issued as authorized in this Code.

(d)

Discontinuance for Nonpayment. The Controller may discontinue, upon ten days' written notice, any or all utility services being rendered, at any or all premises for which the customer is responsible for payment of charges, including main, branch, and front footage charges owed, and may require payment in full of all amounts due including service charges and cost of discontinuance and restoration of the service, before any service is restored; provided, however, that water service to a dwelling, or to a part of a multifamily dwelling, leased or rented to a tenant who is not a customer shall not be terminated without seventeen days' prior written notice from the Controller to the tenant where the Controller has actual knowledge that such tenant is not a customer. No water or sewer service shall be furnished to any premises until main, branch, service connection, and front footage charges have been paid.

(e)

Notice of Lien. When services to any property with the owner as the City's customer have been discontinued for non-payment for a period of not less than one month, the Controller shall have executed and filed, in the office of the County Recorder of Fresno County, a certificate in the following form:

Pursuant to the authority vested in the Controller by the provisions of Article 11 of Chapter 2 of the Fresno Municipal Code, said Controller did, on or about the _____ day of ________, 20___, cause the city utility service on the property herein described to be discontinued for nonpayment. The costs associated with the discontinuance for nonpayment has not been paid nor any part thereof, and the said City of Fresno does hereby claim a lien on said real property for the net expenses of the doing of said termination in the amount of said assessment, to wit, the sum of _____ Dollars ($_____). The same shall be a lien upon said real property until the sum has been paid in full and discharged of record.

The real property herein before mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Fresno, County of Fresno, State of California, and particularly described as follows:

(Description of property)

Dated: This _____ day of ________, 20___.

	/s/         Controller of the City of Fresno

Immediately upon the recording of the notice of lien, the assessment shall constitute a lien on the real property assessed.

(Added Ord. 70-3, 1970, based on former Secs. 14-103, 14-105, 14-106; Am. Ord. 86-150, § 1, eff. 10-17-86; Am. Ord. 96-59, § 4, eff. 9-27-96; Am. Ord. 97-20, § 5, eff. 6-6-97; Am. Ord. 2002-51, § 12, eff. 10-31-02).