BOLINAS COMMUNITY PUBLIC UTILITY DISTRICT
Resolution No. 247
Water Service Termination Procedures
THE BOARD OF DIRECTORS OF THE BOLINAS COMMUNITY PUBLIC UTILITIES DISTRICT
HEREBY RESOLVES AS FOLLOWS:
(1) Water service, once established pursuant to application,
shall be terminated only for the reasons and in the manner set forth herein.
However, anyone using district water other than through an established water
service shall be subject to termination of such use forthwith and without
notice.
(2) The following shall be grounds for termination of water
service:
(a) Nonpayment of any deposit, use charge, base charge,
or other sum due the district with respect to the service proposed to be
terminated.
(b) Failure to comply with any district condition, rule,
or regulation with respect to the service proposed to be terminated.
(3) The procedure for termination of water service shall
be as follows: At least 15 days prior to termination of water service,
the district shall send by first class mail to the consumer at the post office
address furnished to the district a notice of termination setting forth the
following:
(a) The date on or after which water service will be terminated,
or the date on or after which water service will be terminated if a specified
payment is not made or compliance had with a specified district condition,
rule, or regulation;
(b) The reason for termination;
(c) A statement that the consumer has a right to a hearing
before termination if a written request therefor is received by the district
at least 7 days before the termination date.
(4) If the district receives a timely written request for
a pretermination hearing, it shall set such a hearing not sooner than 5 nor
more than 15 days after receipt of such
request. Upon setting of the hearing, the district shall forthwith
give written notice of the time and place thereof to the consumer by either
first-class mail or personal delivery. Pending a decision by the hearing
officer, water service shall not be terminated.
(5) The pretermination hearing
shall be held before a hearing officer who shall be the general manager,
or his designee. The consumer or his representative may present witnesses,
documents or other evidence to show good cause why the water service should
not be terminated. The hearing shall include consideration of whether
the consumer should be permitted to amortize any unpaid balance over a reasonable
time period. The hearing officer may also examine district records,
documents, witnesses or other evidence tending to show that the water service
should be terminated for one or more of the grounds stated above.
(6) The hearing officer shall render a written decision
whether service will be terminated and specifying the reasons for his decision.
The bearing officer may incorporate any reasonable conditions in his decision.
The hearing officer's decision shall be forthwith transmitted to the consumer
by either first-class mail or personal delivery and shall include notification
to the consumer of the right to appeal the hearing officer's decision to
the board of directors as described in paragraph (7) below. If the
decision is to terminate service, the decision shall state the date on or
after which the service will be terminated, which date shall be not earlier
than 7 days after mailing or delivery of the decision, nor earlier
than the termination date specified in the original notice of termination.
If the decision is to permit continued service on condition that the consumer
pay the unpaid balance pursuant to an installment schedule, then such consumer's
service may not be terminated if he is in compliance with such schedule and
is not delinquent in payment of any subsequent charges. If the consumer
fails to comply with such schedule, his service may be terminated without
the right to further hearing upon at least 7 days' prior written notice sent
by first class mail to the consumer at the post office address furnished
to the District.
(7) The consumer or any person may appeal the hearing officer's
decision to the board of directors if a written appeal is delivered to the
district within 7 days after the date the hearing officer's decision is mailed
or delivered to the consumer. No special form of appeal is required.
If the district receives a timely appeal, it shall set an appeal hearing
before the board of directors at a regular or special meeting at least 5
days after receipt of the appeal. Upon setting the appeal hearing,
the district shall forthwith give written notice of the time and place thereof
to the consumer by either first-class mail or
personal delivery. Pending a decision by the board of directors, water
service will not be terminated.
(8) At the appeal hearing the board of directors shall
consider the matter de novo. The consumer or his representative may
present witnesses, documents or other evidence to show good cause why the
water service should not be terminated. The hearing shall also include
consideration of whether the consumer should be permitted to amortize any
unpaid balance over a reasonable time period. The board may also examine
district records, documents, witnesses or other evidence tending to show
that the water service should be terminated for one or more of the grounds
stated above.
(9) At the conclusion of the hearing the board shall render
its decision by motion recorded in the district minutes. The decision
may incorporate any reasonable conditions and shall be forthwith transmitted
to the consumer by either first-class mail or personal delivery. If
the decision is to terminate service, the decision shall state the date on
or after which the service will be terminated, which date shall be not earlier
than 72 hours after mailing or delivery of the decision, nor earlier than
the termination date specified in the original notice of termination.
If the decision is to permit continued service on condition that the consumer
pay the unpaid balance pursuant to an installment schedule, then such consumer's
service may not be terminated if he is in compliance with such schedule and
is not delinquent in payment of any subsequent charges. If the consumer
fails to comply with such schedule, his service may be terminated without
the right to further hearing upon at least 7 days' prior written notice sent
by first class mail to the consumer at the post office address furnished
to the District.
(10) A conditional expanded water service permit issued
under paragraph 6 of Resolution No. 173 may be terminated following the procedures
set forth in paragraphs (3) through (9) hereinabove, except that at least
60 days' initial termination notice, rather than 15 days, shall be given
in accordance with Resolution No. 173.
(11) Termination of water service may be made, after the
prescribed notice, at any time when the district's business office is open
to the public, but shall not be made on a Saturday, Sunday, or legal holiday.
(12) Notwithstanding the foregoing, emergency termination
of any water service may be made at any time with or without notice if in
the opinion of the district continued service would create or continue a
condition hazardous to the health or safety of the consumer or the public.
Water service shall be restored after an emergency termination as soon as
such hazardous condition or threat thereof is eliminated.
PASSED AND ADOPTED this 29th day of February, 1984, by
the following vote of the Board of Directors:
AYES: Amoroso, Kayfetz, LeMieux, Martin, McClellan
NOES: None
ABSENT: None
ABSTAIN: None