Encroachment permit (public right-of-way) fees shall be as follows:
(1) 
An encroachment permit issued by the engineering division of the public works department is required for any construction or excavation to be performed within a public right-of-way or easement dedicated to the city.
(2) 
Encroachment permit issuance fee shall be established by city council resolution.
(3) 
Inspection fees shall be established by city council resolution.
EXCEPTIONS:
(1)
Work performed by contract with the city.
(2)
Work within boundaries of new development under construction as previously approved by the city.
(Ord. 74-O-112 § 2, 1974; Ord. 78-O-106, 1978; Ord. 79-O-100, 1979; Ord. 80-O-106, 1980; Ord. 81-O-107, 1981; Ord. 82-O-110, 1982; Ord. 83-O-111, 1983; Ord. 84-O-120, 1984; Ord. 85-O-133, 1985; Ord. 65-O-119, 1986; Ord. 87-O-132, 1987; Ord. 88-O-123 § 1, 1988; Ord. 89-O-113 § 1, 1989; Ord. 90-O-110 § 1, 1990; Ord. 91-O-109 § 1, 1991; Ord. 96-O-104 § 1, 1996; Ord. O-2007-07 § 8, 2007)
Any person who commences any work for which a permit is required without first having obtained a permit therefor shall, if subsequently allowed to obtain a permit, pay the required permit fee established by city council resolution for such work and an additional penalty fee in an amount equal to the required permit fee; provided, that no penalty fee shall be less than $25 and provided, further, that this provision shall not apply to emergency work when it is proven to the satisfaction of the inspector of the engineering division of the city, or other authorized city officials, that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of this work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, the penalty as provided in this section shall be charged.
(Ord. 76-O-110, 1976; Ord. 85-O-133, 1985; Ord. 86-O-119, 1986; Ord. O-2007-07 § 9, 2007)
Deposit fees shall be as follows:
(a) 
Excavation within improved areas shall require a deposit, in cash, to be posted with the city at the time of permit issuance. Said deposit shall be refundable upon written request six months after completion of work.
(b) 
The amount of the deposit shall be $400, plus $2.50, per square foot of excavated area.
(c) 
Deposit fee shall be waived for city-franchised utilities.
(Ord. 74-O-102 § 2, 1974; Ord. 77-O-107, 1977; Ord. 78-O-106, 1978; Ord. 79-O-100, 1979; Ord. 80-O-106, 1980; Ord. 81-O-107, 1981; Ord. 82-O-110, 1982; Ord. 83-O-111, 1983; Ord. 84-O-120, 1984; Ord. 85-O-133, 1985; Ord. 86-O-119, 1986; Ord. 87-O-132, 1987; Ord. 88-O-123 § 1, 1988; Ord. 89-O-113 § 1, 1989; Ord. 91-O-109 § 1, 1991; Ord. 96-O-104 § 1, 1996)
Storm drain acreage fees shall be as follows:
 
Fees
(1) Area A
$7,220.00 per acre
(2) Area B
6,156.00 per acre
(3) Area C
5,056.00 per acre
(4) Area F
6,156.00 per acre
(5) Area G
4,625.00 per acre
(6) Area H
7,470.00 per acre
Storm drain acreage fees for commercial and industrial shall be due and payable at the time of grading permit issuance. The applicable fee shall be the fee in effect at that time. Storm drain acreage fees for residential developments shall be due and payable upon issuance of a first certificate of occupancy.
(Prior code § 16-686; Ord. 71-O-130, 1971; Ord. 74-O-112 § 2, 1974; Ord. 75-O-106, 1975; Ord. 75-O-127, 1975; Ord. 76-O-127, 1976; Ord. 78-O-106, 1978; Ord. 79-O-100, 1979; Ord. 80-O-106, 1980; Ord. 81-O-107, 1981; Ord. 82-O-110, 1982; Ord. 83-O-111, 1983; Ord. 84-O-120, 1984; Ord. 85-O-133, 1985; Ord. 86-O-119, 1986; Ord. 87-O-132, 1987; Ord. 88-O-123 § 1, 1988; Ord. 89-O-113 § 1, 1989; Ord. 90-O-110 § 1, 1990; Ord. 91-O-109 § 1, 1991; Ord. 96-O-104 § 1, 1996)
Sewer acreage fees within areas served by the city sewer system shall be as follows: $2,081 per acre.
Sewer acreage fees for commercial and industrial shall be due and payable at the time of grading permit issuance, or, if none, at the time of building permit issuance. The applicable fee shall be the fee in effect at that time. Sewer acreage fees for residential developments shall be due and payable upon issuance of a first certificate of occupancy.
(Prior code § 16-690; Ord. 71-O-130, 1971; Ord. 74-O-112 § 2, 1974; Ord. 75-O-112, 1975; Ord. 77-O-107, 1977; Ord. 78-O-106, 1978; Ord. 79-O-100, 1979; Ord. 80-O-106, 1980; Ord. 81-O-107, 1981; Ord. 82-9-110, 1982; Ord. 83-O-111, 1983; Ord. 84-O-120, 1984; Ord. 86-O-119, 1986; Ord. 88-O-123 § 1, 1988; Ord. 89-O-113 § 1, 1989; Ord. 90-O-110 § 1, 1990; Ord. 91-O-109 § 1, 1991; Ord. 96-O-104 § 1, 1996)
Thoroughfare acreage fees shall be $6,251 per acre. Thoroughfare acreage fees for commercial and industrial shall be due and payable at the time of grading permit issuance or, if none, at the time of building permit issuance. The applicable fee shall be the fee in effect at the time. Thoroughfare acreage fees for residential developments shall be due and payable upon issuance of a first certificate of occupancy.
(Ord. 77-O-107, 1977; Ord. 78-O-106, 1978; Ord. 79-O-100, 1979; Ord. 80-O-106, 1980; Ord. 81-O-107, 1981; Ord. 82-O-110, 1982; Ord. 83-O-111, 1983; Ord. 84-O-120, 1984; Ord. 85-O-133, 1985; Ord. 86-O-119, 1986; Ord. 87-O-132, 1987; Ord. 88-O-123 § 1, 1988; Ord. 90-O-110 § 1, 1990; Ord. 91-O-109 § 1, 1991; Ord. 96-O-104 § 1, 1996)
The sewer maintenance fees for properties outside city boundaries and connecting to city sanitary sewer system shall be as follows:
(1) 
Residential unit: $5.66 per year for a 50 year life period.
(2) 
Commercial and industrial unit: $5.66 per year for each 2,000 square feet of building floor space, or part thereof, for a 50-year life period.
(Ord. 79-O-117 § 1, 1979; Ord. 81-O-107, 1981; Ord. 82-O-110, 1982; Ord. 96-O-104 § 1, 1996)
(a) 
Purpose. In order to reimburse the city, in part, for its service in transporting sewerage from persons using the city-owned sanitary sewer system to the Orange County Sanitation District's publicly-owned treatment works and related infrastructure, and to operate, maintain, repair and replace the city-owned sanitary sewer system, it is appropriate for the city to charge a sanitary sewer system service fee. This fee does not duplicate any existing fee, charge, levy or other toll currently collected by any public agency, and is intended to be, and shall be interpreted as, distinct and separate from any current or future (1) sewer standby or availability charge or assessment; (2) special benefit assessment or special tax imposed pursuant to state or local law; (3) sewer connection charge or sewer capacity charge paid in connection with or as a condition of approving an application for sewer service; or (4) any mitigation fee imposed on new development pursuant to state law (Government Code Section 66000 et seq.) or local law.(b) Sanitary Sewer System Service Fee Established. Except as exempted in subsection (c) of this section, there shall be imposed upon every individual, partnership, association, corporation, or agency of government that has connected or is connecting their building, structure, or fixture to the city sanitary sewer system, a sanitary sewer system service fee based upon the volume of usage of the system, as measured by metered water service. All sanitary sewer system service fees imposed pursuant to this subsection shall be due and payable at the time and in the manner provided by the water purveyor for payment of water utility bills but shall be listed as a separate line item on the water utility bill. The fee shall be applied based upon the water use category applicable to the system user as follows:
User Category
Effective On or After August 20, 2021
Effective July 1, 2022
Effective July 1, 2023
Effective July 1, 2024
Effective July 1, 2025
Single-Family Residential
$0.72
$0.74
$0.76
$0.79
$0.81
Multifamily Residential
$0.82
$0.84
$0.87
$0.89
$0.92
Commercial
$0.96
$0.99
$1.02
$1.05
$1.08
Industrial
$0.96
$0.99
$1.02
$1.05
$1.08
Institutional
$0.53
$0.54
$0.56
$0.58
$0.59
Government & Public
$0.72
$0.74
$0.76
$0.79
$0.81
(c) 
Exceptions. The following persons shall be exempt, as specified below, from the sanitary sewer system service fee established in this section, to the extent such fee would otherwise apply to the subject building, structure, or fixture, provided that it shall be the obligation of the individual, partnership, association, corporation or agency of government to present sufficient evidence to the city to establish the applicability of one of the following categories of exemption:
(1) 
Any individual, partnership, association, corporation, or agency of government with a building, structure, or fixture having separately metered fire service connections, for fees directly related to the separately metered fire service connections;
(2) 
Any individual, partnership, association, corporation, or agency of government with a building, structure, or fixture having separately metered irrigation service connections, for fees directly related to the metered irrigation service connections;
(3) 
Any individual, partnership, association, corporation, or agency of government with a building, structure, or fixture having no connection to the city's sanitary sewer system, for any fees imposed pursuant to this section.
(d) 
Sewer Service Fee Adjustments and Appeals Procedure.
(1) 
Any individual, partnership, association, corporation, or agency of government subject to the sewer system service fee may apply to the public works director, or the director's designee, for an adjustment of, or exemption from, the fee billed pursuant to this section in the manner provided for below.
(2) 
Review Process.
(A) 
Any individual, partnership, association, or agency of government who has reason to dispute the imposition or computation of the fee billed pursuant to this section shall file with the director, within 60 days of the date payment of the fee is first due, an application for exemption or adjustment in the form prescribed by the director, or designee, stating all facts and contentions upon which the applicant bases the application for adjustment.
(B) 
The director or designee shall consider all information provided with the application and determine whether the information supports a finding that an exemption from the fee imposed by this section applies to the building, structure, or fixture of the applicant; whether the applicant should be charged under a different category of water use in which the applicant had been designated; whether the water use category accurately reflects the user's use of the sewer system; or whether there was an error in the computation of the fee.
(C) 
The director or designee shall render a decision in writing and send the decision to the applicant, by certified mail, within 45 days of the date that the application is received.
(D) 
The applicant may appeal the decision of the director or designee to the city administrator within 15 days of the date of mailing of the decision of the director or designee by filing a written notice of appeal with the city clerk. The notice of appeal shall state all facts and contentions upon which the appeal is based. The city administrator shall review the director's or designee's decision based upon the application, the information submitted by the applicant and the information presented in the underlying hearing process and shall determine whether the director's or designee's decision is supported by the evidence. The city administrator shall render a decision in writing within 15 days of receipt of the appeal. The city administrator's decision shall be final and conclusive.
(E) 
The filing of an appeal pursuant to subsection (d)(2) of this section shall not affect the obligation of the appellant to pay the fee as billed.
(3) 
The city shall refund overpayments within 30 days of the final determination of the overpayment. If the director or city administrator makes a final determination that a claimant should not be charged a sewer service fee, a claimant should be charged in a different category of water use than the category in which the claimant had been designated, or that a billing adjustment should otherwise be made, the city shall notify the water purveyor collecting the city's fees of the changes required to be made to the claimant's account within 15 days of the final determination of the required change, in the form that may be prescribed by the water purveyor collecting the city's fees.
(e) 
Delinquent Accounts. If any fee imposed under this section is not collected by the billing entity, and upon notice to the city from the billing entity of such delinquency, the city administrator, or designee, shall notify the individual, partnership, association, corporation, or agency of government subject to the fee that if the fee is not paid within 15 days of such notice, the fee shall become delinquent and a basic penalty equal to 10% of the fee shall be immediately imposed, and an additional penalty in the amount of one-half percent of the fee plus the basic penalty per month shall be imposed for each month that payment is delinquent thereafter.
(Ord. O-2005-04 § 1, 2005; Ord. O-2021-07 § 1, 2021)