[§ 1, Ord. 1119-13, eff. July 4, 2013]
The purpose of this Division is to protect the public health, safety and welfare by establishing a fund for the maintenance of adequate public sanitary sewer facilities within the City.
[§ 1, Ord. 1119-13, eff. July 4, 2013; § 3, Ord. 1158-17, eff. June 15, 2017]
(a) 
An applicant for a permit pursuant to § 6-7.227 shall declare all the information necessary to comply with the provisions of this article. At the time of issuing a permit, the applicant shall pay to the City a charge, based on the additional peak flow created by the new construction, equal to the sum of $0.50 per gallon per day of additional peak flow. Charges for new subdivisions or construction which does not have an existing connection to the public sewer shall be based on peak flows without credit for any existing flow. This § 6-7.252 does not limit the City's ability to refuse to issue a permit to connect to the public sanitary sewer system.
(b) 
All premises in the City shall be subject to an annual sewer service charge representing such premises' share of the burden placed on the sewer system, which amount shall be adopted by resolution or ordinance of the City Council in accordance with Article XIII D of the California Constitution. In those instances where premises are not connected to the sewer system, the annual sewer charge shall reflect the burden placed on the sewer system by users of the premises who are required to use public sanitary facilities.
(c) 
In the event the City has excess proceeds of taxes as defined in Article XIIIB of the California Constitution, the City Council may return a portion of the annual sewer charge as provided by § 2 of that article. The portion of sewer charge revenue representing the amount of excess proceeds of taxes may be set aside in a special fund to be applied in the form of a credit against the sewer charges due and owing each fiscal year. The Council may, by resolution each fiscal year, establish the precise amount to be applied against the sewer charge so as to implement the return of excess proceeds to the people. In the alternative, the Council may place a measure on the City-wide ballot to adjust the City's appropriations limit as provided in § 4 of Article XIIIB so as to use the excess proceeds for some other specified purposes.
[1]
Editor's Note: Rates for saltwater service fees and sewer service rates may be found in the City Offices. Rates established by City ordinances include Ord. No. 1121-13, effective July 19, 2012; Ord. No. 1138-15, effective July 1, 2015; Ord. No. 1149-16, effective July 21, 2016.
[§ 1, Ord. 1119-13, eff. July 4, 2013]
In calculating the additional peak flow, it shall be deemed that the existing peak flow is not less than 300 gallons per day per 1,000 square feet of lot area. Such credit shall not be applied more than once to the same lot except when the building has been demolished.
[§ 1, Ord. 1119-13, eff. July 4, 2013]
Moneys deposited in the Sewer Charge Fund may be expended by the Council to accomplish any lawful purpose as set forth in § 6-7.201 of this article and in § 5471 of the Health and Safety Code of the State, or for such other sewer purpose as the Council may lawfully authorize. All engineering costs, mileage, overhead, and construction costs necessarily incurred in the construction of such sewers shall be charged to the Sewer Charge Fund to the extent permitted by law, and refunds may be drawn from the Sewer Charge Fund as provided in § 6-7.256 of this Division.
[§ 1, Ord. 1119-13, eff. July 4, 2013]
In the event any person shall have paid the applicable sewer charge based on the additional peak flow created by the new construction as provided in this article, and no portion of the new construction shall have been commenced and the permit for such construction shall have been canceled or expired, such person shall be entitled to a refund in an amount equal to 100% of the sewer charges paid by such person, minus 1% of such charge; provided, however, the amount retained shall not be less than $10 and no more than $100.
[§ 1, Ord. 1119-13, eff. July 4, 2013]
(a) 
The collection of the sewer service charges imposed by this Division shall be as a part of the annual County general tax bill authorized by the provisions of § 38902 of the Government Code of the State.
(b) 
The City Manager shall furnish, in writing, to the Board of Supervisors of the County and to the County Auditor descriptions of each parcel for which such charges are to be billed, together with the amount of such charges applicable to each parcel, in sufficient time to meet the schedule established by the County for inclusion on the County general tax bill.
(c) 
As authorized by the provisions of § 38902 of the Government Code of the State, the sewer service charges shall become a lien against the parcel of land to which it is charged in the same manner as County general taxes.
(d) 
As authorized by the provisions of § 38902 of the Government Code of the State, penalties shall be collected for the late payment of sewer service charges, or the amount thereof unpaid, in the manner and at the rates applicable for the late payment, or the amount thereof unpaid, of County general taxes.
[§ 1, Ord. 1119-13, eff. July 4, 2013]
(a) 
Violation. No person shall violate any provision or fail to comply with any of the requirements of this Division. Any violation or failure to comply with the requirements of this Division shall be a violation of this Code.
(b) 
Enforcement. The City may enforce any violation of the requirements of this Division in accordance with Article 5 of this chapter.