Solvang adopts residential water disconnection policy

Homeowners and renters who fail to pick up their water tabs on time in Solvang are subject to a new protocol, designed to establish clear guidelines on course correction rather than muddying ones.

click to enlarge Solvang adopts residential water disconnection policy
File photo by Jayson Mellom

City staff’s goal behind the initiative, adopted by the Solvang City Council during its July 22 meeting, was to reformat some aspects of existing utility code into a new residential water disconnection policy and educate the public on appeal routes that suit various circumstances, City Attorney Chelsea O’Sullivan explained.

“It outlines how and when and with what notice and with what timing staff can disconnect a resident’s water should they be delinquent on their payments,” O’Sullivan said at the meeting. “It also provides, consistent with state law, the option for a payment deferral ... and entering into a payment plan ... amortizing the delinquent payments over a 12-month period or less to let that person come back into compliance.”

Staff originally sought direction on drafting a formal policy to address residential water disconnection at the City Council’s May 28 meeting, during a discussion on improving Solvang’s enforcement of delinquent water accounts.

With an aim to decrease unpaid water bills—specifically those leftover from renters who vacate residential properties without paying—the City Council agreed to adopt an ordinance that requires all residential accounts going forward be in the property owner’s name rather than the tenant’s name.

During the May 28 meeting, Councilmember Elizabeth Orona expressed concern about the potential negative repercussions of shifting payment responsibility, from a legal standpoint, solely to property owners.

The new residential water disconnection policy, which passed 5-0 at the City Council’s July 22 meeting, includes a section with options for renters to counteract becoming at risk of losing their water due to a landlord’s late or unpaid water bill. 

According to the staff report, the policy will require Solvang to provide warning notices to both the property owner and tenants at apartment buildings, mobile home parks, and similar multi-unit residential structures with a shared meter at least 15 days before discontinuing the meter.

In cases where it’s not practical to post a notice on each of the residential units’ doors, the city will post two copies of the warning notice in “each accessible common area and at each point of access to the structure or structures,” the staff report states. 

These types of notices will provide occupants of multi-unit structures with contact info for a city representative who can assist them with ways to continue water service without being held responsible for delinquent amounts owed by the property owner.

For those who own properties in Solvang with unpaid water bills, one guaranteed way to dodge a water shut-off is to comply with the city’s appeal procedure, which will at least delay whether an appeal is granted or not.

“There’s certain instances where water services can’t be disconnected. For example, if they’re appealing their bill,” O’Sullivan said at the July 22 meeting. “We can’t turn off their water while the appeal is pending.”