November 21, 2009
Family fights utilities district over fees, shut off
Esperanza Mendiola talks about having her water service shut off after the utilities district discovered an illegal hook-up. By Jose Gaspar, Eyewitness News
LAMONT, Calif. -- For four months, Esperanza Mendiola had to use buckets of water to do the cooking and cleaning in her home.
Her water service was shut off by the Lamont Public Utilities District in a dispute over an illegal water and sewer hook-up on her property. The utilities district is also charging her $21,900 in fees. "That debt is not mine. It is unjust what they are doing to me," said Mendiola. And now she is fighting back. Mendiola is being represented by Greater Bakersfield Legal Aid. When she bought the house in 2005, Mendiola said she never knew anything about an illegal hook-up on the property. It wasn't until she received a letter in 2009 from the district informing her of one additional water and sewer hook-up and demanding payment. "It's hard to understand why they are being so draconian about it," said GBLA attorney Alison Kitchen. GBLA has filed legal documents claiming LPUD did not follow due process before shutting off the family's water. "We believe it's against due process to shut off someones utilities without telling them. You have a right to a hearing and to appeal this decision," said Kitchen. The utilities district attorney, Larry Peake, replied the district does grant hearings. And Peake said it is up to individuals buying a property to check with county and LPUD to ensure there are no problems with the property. "We have no way of knowing when these illegal hook-ups were made," said Peake. LPUD board president Gilbert Alaniz has told Eyewitness News in the past that it does not matter who installed the illegal hook-ups, LPUD will charge the present owner of the property regardless. GBLA will represent Mendiola at a hearing before the LPUD board later this month. If the issue is not resolved there, GBLA will file an appeal in Kern County Superior Court. The case is important, because Mendiola is the first to challenge LPUD on this issue. Other families in Lamont are in the same situation and could be affected by the outcome of the case. Since Mendiola sought legal help, LPUD has restored her water service pending the outcome of the case. |
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