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2024-01 Irrigation Ordinance Update and Public Review Process

The District’s Ordinance 2023-04 Establishing Rules and Regulations for Irrigation Service was adopted on November 14th, 2023. In May of 2024, the Irrigation Committee reviewed minor amendments to the Ordinance and recommended them to the Board of Directors for adoption consideration. The Board of Directors accepted the referral from the Irrigation Committee and on June 6th held a public hearing with a motion for adoption. The amended Ordinance will take effect 30 days after the hearing and adoption vote. The Public is welcome to review the proposed amendments below  in the redlined revisions file.

GDPUD_ 2023-04 IRR ORD Revisions.pdf

 

Review Ordinance 2024-01 Establishing Rules and Regulations for Irrigation Service 

Ordinance 2024-01 Irrigation Rules and Regulations.pdf

 

View the June 6th Board of Directors public meeting: https://youtube.com/live/hts3prO-J6E.

 

Comments and inquiries may be submitted to the Executive Assistant at ea@gd-pud.org.

 

The proposed amendments address issues encountered relevant to irrigation service billing collection and guidelines for enforcement of the rules and regulations. Customer responsibilities are further clarified. The amendments allow for the District to service irrigation accounts based upon the Public Utilities Code (as opposed to SB 998 the Water Shutoff Protection Act applicable to residential treated water delivery).

The amendments to the Irrigation Ordinance  add the following language  (red indicates additions):

 

SECTION 5

b) Irrigation billings are made bi-monthly (every two months) in advance. All bills for water service are due and payable upon receipt and shall be considered delinquent if not paid within 30 days after the date the bill is issued by the District at which point a 10% penalty will be imposed.

f) Discontinuation of Service for Nonpayment

All charges placed on an individual parcel of land are the responsibility of the Landowner. In accordance with the provisions of Section 16469 et seq. of the Public Utilities Code, delinquent water service charges and/or assessments, together with all imposed penalties, for a parcel of land will be made a lien on the subject real property. The District may refuse to furnish water to any parcel of land if outstanding charges for water or services already furnished or rendered to such land (including any accrued interest and penalties) have not been paid in full by the District's prescribed payment date.

If a bill is delinquent for at least forty-five (45) days, the District may discontinue irrigation water service to the service address.

           A.   Written Notice to Irrigation Customer

The District will provide notice to the customer of record at least ten (10) business days before       discontinuation of irrigation service. The notice shall contain:

1.    the name and address of the customer;

2.    the amount of the delinquency;

3.    the date by which payment or payment arrangements must be made to avoid discontinuation of service;

4.    the telephone number where the customer may request a payment arrangement or receive additional information from the District.

B.   Posting of Notice at Service Address

If the District receives the written notice returned through the mail as undeliverable and is unable to make contact with the customer or an adult occupying the residence by telephone, the District will make a good faith effort to visit the residence and leave a notice of imminent discontinuation of irrigation service in a conspicuous place at the service address. The notice will be left at the residence at least forty-eight (48) hours before discontinuation of service. The notice shall include:

1.    the name and address of the customer;

2.    the amount of the delinquency;

3.    the date by which payment must be made to avoid discontinuation of service;

4.    the telephone number where the customer may request a payment arrangement or receive additional information from the District.

The District may terminate service for nonpayment of charges. If any service is suspended or terminated in accordance with the procedures prescribed in this Ordinance, neither the Board, the District, nor its officers, agents, or employees, shall be liable for any damage or loss that may occur as a result thereof.

g) Returned check for Previously Disconnected Service

In the event a customer tenders a non-negotiable check as payment to restore irrigation water service previously disconnected for non-payment and the District restores service, the District may promptly disconnect service without providing further notice. No 48-hour notice of termination will be given in the case of a non­negotiable check tendered for payment of irrigation water charges that were subject to discontinuance.

Any customer issuing a non-negotiable check as payment to restore service turned off for nonpayment will be required to pay cash, credit card, or certified funds to restore future service disconnections for a period of 12 months from the date of the returned payment.

A.   Restoration of Service

   The District will provide customers whose irrigation water service has been discontinued information on how to restore service. Such information shall indicate that the customer may contact the District by telephone or in person regarding restoration of service. Restoration shall be subject to payment of:

                              i.    any past-due amounts, including applicable interest or penalties;

                             ii.    reconnection fees; of $75 for immediate and $25 at the District's conveyance upon verified proof of payment by District administrative staff;

B.   Other Remedies

   In addition to discontinuation of service, the District may pursue any other remedies available in law or equity for nonpayment of water service charges, including, but not limited to: securing delinquent amounts by filing liens on real property, filing a claim or legal action, or referring the unpaid amount to collections. In the event a legal action is decided in favor of the District, the District shall be entitled to the payment of all costs and expenses, including attorneys' fees and accumulated interest.

SECTION 6. Discontinuation of Irrigation Service for Customer Violations

The District reserves the right to discontinue irrigation water service for any violations of District ordinances, rules, or regulations other than nonpayment.