Ordinance 2019-12ORDINANCE NO.2019-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTION 27.36 AND SECTION
27.40 OF CHAPTER 27 OF THE GILROY CITY CODE
RELATING TO THE DISCONTINUATION OF WATER
SERVICE FOR NONPAYMENT
WHEREAS, pursuant to California Constitution article XI, section 7, and the City
Charter, section 600, the City Council has the authority to enact and enforce within its limits
ordinances and regulations not in conflict with general laws, which promote the public health,
safety, and general welfare of its residents; and
WHEREAS, the City seeks to maintain compliance with regulations imposed by the State
of California relating to the termination of water utility services adopted via Senate Bill 998
(2017-2018 Session), amending provisions of the California Health and Safety Code Sections
116900 through 116926, entitled the Water Shutoff Protection Act; and
WHEREAS, the provisions of the Water Shutoff Protection Act require changes to
procedures regarding the termination of water supply for non-payment that will become
inconsistent with the procedures outlined in the Gilroy City Code; and
WHEREAS, amending the City Code to maintain compliance will provide additional
service protections for delinquent account holders and prevent occurrences where current
procedures would generate a fine or penalty as outlined in the Water Shutoff Protection Act; and
WHEREAS, the City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA," Public Resources Code sections 21000 et seq.), because
it will not result in a direct or reasonably foreseeable indirect physical change in the
environment, and it does not have the potential to result in a physical change to the
environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations
"CEQA Guidelines," sections 15060(c)(2) and (3)).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 27.36 of Chapter 27 of the Gilroy City Code entitled "Nonpayment of Water
Bills; Notice to Consumer" is hereby amended to read as follows:
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27.36 Nonpayment of water bills; notice to consumer.
Charges for water service and use become delinquent if not paid on or before the last day of the
month billed. For residential service, including single family residences, multifamily residences,
mobilehomes, mobilehome parks and farmworker housing, if a bill for services becomes
delinquent, the director of finance shall send the user a written notice advising the consumer of
the date water service shall be discontinued and a copy of the City's policy for discontinuing
water service for nonpayment, pursuant to the requirements of the Water Shutoff Protection Act.
For all other service types, if a bill for services becomes delinquent, the director of finance shall
send the user a written notice that if the bill is not paid within ten (10) days, the water service
shall be discontinued.
SECTION II
Section 27.40 of Chapter 27 of the Gilroy City Code entitled "Service charges to be a lien
against property; owner to be primarily liable" is hereby amended to read as follows:
27.40 Service charges to be a lien against property; owner to be primarily liable.
The owner of any premises served by water after October 1, 1988, shall be primarily responsible
for the payment of all water bills arising out of the use of such water at such premises, or by any
lessee or tenant occupying or using the same. Such charges shall constitute a perpetual and
continuing lien on such property until such water bill shall have been paid in full. No water will
be furnished to any property or premises while such water bill and/or any charge remains unpaid,
excepting those properties or premises serving customers, whether owner -occupied or tenants,
which meet the requirements of Health and Safety Code Section 116910(a).
SECTION III
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council of the City of Gilroy hereby
declares that it would have passed and adopted this ordinance, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION IV
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force
and effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY
this 18'h day of November, 2019 by the following vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-
MUNOZ, MARQUES, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: TOVAR
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ATTEST-
na Freels, City lerk
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4842-2384-8584v5 ORDINANCE NO. 2019-12
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2019-12 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a special meeting of said Council
held on the 18ih day of November, 2019, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 20t" day of November, 2019.
i
City Clerk of Hie City of Gilroy
(Seal)