[§ 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, 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]
All moneys collected pursuant to the provisions of §
6-7.252 of this Division shall be deposited with the City Treasurer and credited to the Sewer Charge Fund.
[§ 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.