San Juan Capistrano, Ca. 92675
«December 27, 2013
City of San Juan Capistrano
Water Department Billing Department
Subj: Donna Fleming Current fraudulent bill never mailed
Attn: Head of Accounting City Water Billing
Please be advised that I have not received a water bill in over two months. All residents were notified on PATCH that the bills would be going out late due to the water billing rate structure which has been ruled as illegal by a Judge Munoz.
“ SAN JUAN CAPISTRANO – San Juan Capistrano's tiered water-rate system is illegal, a judge ruled Wednesday.
The city must abandon the system, approved three years ago by the City Council, and restructure the rates so they comply with the state Constitution, an order issued in Santa Ana by Orange County Superior Court Judge Gregory Munoz said on August 12, 2013”.
"This court finds that city failed to carry its burden of establishing credible evidence that the rate increases were proportional to the costs of providing water services to its customers," Munoz wrote. "City refers to the administrative record as providing the proof on which the new rates were based, but the court could not find any specific financial cost date ... to support the substantial rate increase."
Munoz also ruled the city violates the Constitution by charging ratepayers for recycled water "that they do not actually use and that is not immediately available to them."
The city has not abandoned the practice of overbilling.
Since I have not received a paper bill in the mail I have not paid the bill. On Christmas Eve, I received a disconnect notice on my door for an unpaid water bill. It also notes that their office will be closed from 12/23 – 1/1/14.
I know the city did not mail a bill to me. They did not mail a bill because the bills are illegal. Sending the bills through the US Post Office makes the city liable for mail fraud. They know the bills are illegal and they owe the residents back, “over charge fees” going back to 2010, so they are telling residents to pay their bill on line. Thus, they avoid another possible law suit for mail fraud.
I am dropping off a check to assure my water will not be turned off. I also enclose a copy of an old bill.
This is one more reason to recall Sam Allevato, and another reason for our city to get out of the water business. They do not know how to run a business.
Refunds are due residents.