There is hereby established a sanitation department for the city to serve all properties within the corporate limits of the city. It shall be the duty of the department to perform all operations pertinent to collection, conveyance, storage, treatment, and disposal of sewage and waste within the city. Further, it shall be the duty of the department to inspect and supervise all construction of sanitary sewers and sewer facilities within the city.
(Ord. 69 § 1, 1961)
The city of Fountain Valley is hereby declared to be a sewer district and all properties lying within the corporate limits of the city and as such limits may be changed by annexation shall be required to connect to the facilities of the city's sanitation system.
(Ord. 69 § 2, 1961)
The city council may upon proper showing, waive the requirement that all property within the corporate limits of the city connect to the city sanitary system.
(Ord. 69 § 2.1, 1961; Ord. 404 § 1, 1966)
Before such waiver is granted it shall be shown that:
(a) 
The applicant has full knowledge of various taxing districts wherein the property is located and the possible future costs and charges to him or her;
(b) 
The applicant has paid to the city the sewer assessment fee pertaining to the land in question;
(c) 
A hardship would result in connecting into the city system as compared to another jurisdiction;
(d) 
The property in question is not likely to frequently change ownership.
(Ord. 69 § 2.2, 1961; Ord. 404 §1, 1966)
If the city council grants the relief requested, such facts as herein set forth shall be noted in the file concerning said property.
(Ord. 69 § 2.3, 1961; Ord. 404 § 1, 1966)
The city engineer shall be in supervisory charge of all activities necessary to the maintenance of the Fountain Valley sewer facilities. The city engineer or authorized representative shall be charged with the responsibility of supervising all design of sewers and supervising inspection of construction of all sewer facilities installed in the city.
(Ord. 69 § 3, 1961)
"Sewer main"
means the main sewer, used as a trunk line or major channel of passage for transporting sewage and waste, constructed in a street, highway, alley, place or right-of-way dedicated to public use. It does not include sewer laterals.
"Sewer laterals"
mean that connecting sewer line running from sewer main to the private property line and extending to the structure to which it connects.
(Ord. 645 § 1, 1971)
It is the policy of the city to require the owners of property to maintain sewer laterals thereon at their own expense.
(Ord. 645 § 2, 1971)
All sewer laterals shall be maintained by the owner of the property served by such lateral in a safe and sanitary condition so that there is no seepage of waste at any point from the structure to and including the junction of the sewer lateral at the sewer main and so that passage of waste through the lateral to the sewer main is free from stoppage and obstruction; all devices and safeguards which are required by this chapter or by order of the city engineer for the operation of the sewer system shall be maintained in good working order at all times. It shall be the responsibility of the city of Fountain Valley to keep the sewer mains free and clear for the even flow of sewage.
(Ord. 645 § 3, 1971)
All sewage facilities installed with the public streets, thoroughfare ways and easements shall be dedicated to and become the property of the city.
(Ord. 69 § 4, 1961)
(a) 
The city is subject to the State Water Resources Control Board Order imposing waste discharge regulations on the city, including a requirement to prevent sewer system overflows. To prevent such overflows, the city has adopted a sewer system management plan. Such plan includes components requiring city standards of construction to be followed and a capacity assurance plan specifying the capacity of the system to assure that the system is not overburdened by current or anticipated sewage flows.
(b) 
No new connection to the city's system shall be made unless pursuant to a connection permit.
(c) 
An application for a connection permit shall require adherence to city construction standards and shall be inspected by the city building official or designee before connection is authorized by such a permit. Additionally, said application shall detail the nature of the use of the property so that the director of public works/city engineer can determine if the character of the sewage and the quantity of the discharge are consistent with city's capacity assurance plan and the sewer facilities in place. Such application shall be accompanied by the fee established by separate resolution.
(d) 
New development or change of use operations in out-of-city service areas shall not be served by city's sewer system unless an application has been made for a connection permit and a "will serve" letter issued by the director of public works/city engineer.
(e) 
The application shall be on a form provided by the city and when submitted shall be accompanied by a map of the area proposed to be served and a precise legal description of said area or parcel.
(Ord. 69 § 5, 1961; Ord. 1445 § 1, 2010)
No person shall, without the permission of the city engineer or the city engineer's duly authorized representative, remove, change, disturb or in any way tamper with or interfere with any of the facilities, apparatus, appliances for storage or disposal of sewage by the city; nor shall any person without the permission of the city engineer install any pipe, apparatus, appliance or connection to any part of the city sewer system.
(Ord. 69 § 6, 1961)
Any connection to the city sewer system shall be inspected by the city engineer. Said connection construction must meet with the city engineer's approval and shall be constructed in accordance with the sewer ordinance and sewer specifications.
(Ord. 69 § 7, 1961)
A sewer connection permit shall be obtained from the office of the city engineer prior to commencing sewer connection work.
(Ord. 69 § 8, 1961)
The sanitation department as a condition to granting the application for sewer connections, is authorized to charge, and shall collect in advance those sums which shall be authorized by the city council for the purpose of reimbursing the city for the cost of maintaining system, services, and inspecting the installation of connections. Such charge shall be computed and set forth by resolution of the city council.
(Ord. 69 § 9, 1961; Ord. 1254 § 8, 1996)
(a) 
In order to implement the goals and objectives of the master plan of sewers of the city and to mitigate wastewater impacts caused by new development lying within the corporate city limits, certain public sewer improvements must be constructed. The city council has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of improvements.
(b) 
A sewer annexation fee is established for development within corporate city limits to pay for sewer improvements. The city council shall by resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments. The city, as a condition to granting the application and furnishing sewer service to a parcel of land, shall charge and collect fees for the purpose of paying for the cost of the system and future replacements and extensions thereof:
(1) 
Subdivisions. Fees will be charged per acre or proportionately for a fraction thereof for the gross acreage of the parcel being subdivided. For purposes of determining this fee the acreage of the parcel shall be computed to the centerline of any contiguous or abutting street.
(2) 
Variances, Use Variance Permits. Fees will be charged per acre or proportionately for a fraction thereof for the gross acreage of the parcel for which the variance or use variance is proposed. This charge shall be assessed as a condition of approval by the city council of said variance or use variance. Said fee shall be paid prior to final approval and prior to the issuance of a connection permit.
(3) 
Fees will be charged for each acre upon which a zone change is proposed. Such fee shall be paid prior to final approval of the zone change and prior to the issuance of a connection permit.
(4) 
Exception. Zone changes or variance in conjunction with parcels of land proposed to be developed into a subdivision shall not pay such fees until such time as the final map is approved.
(5) 
Subdivision of Four or Less Parcels—Records of Survey. Fees will be paid for each acre or proportionately for a fraction thereof included within the boundary of a record of survey prepared for the purpose of delineating new property lines. For the purpose of determining the service fee the acreage of the parcel or parcels shall be computed to the centerline of each contiguous street. Such fees shall not be required in conjunction with records of survey prepared for the purpose of clarifying property lines legally established prior to the effective date of the ordinance codified in this chapter. Upon written request to the city council by the owner, the city council may elect to require payment of service or connection fees for only that parcel upon which a building permit is obtained. Such fees shall be paid at the time the sewer connection permit is obtained.
(6) 
Single Lot. Fees will be paid per parcel of land containing one-fourth acre or less, or per acre or proportionately for a fraction thereof for a lot containing more than one-fourth acre, whichever sum is greater.
(7) 
Public Agency. The service fee for lands owned by public agencies may be waived by the city council, on condition that in the event any such lands are later transferred to private use, the service fee shall be payable before sewer service will be furnished for private use.
(c) 
The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:
(1) 
Pay for the city's future construction of facilities described in the resolution enacted pursuant to subsection (b) of this section, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or
(2) 
Reimburse developers who have been required or permitted to install such listed facilities which are oversized with supplemental size, length or capacity.
(d) 
A developer of any project subject to the fee described in subsection (b) of this section may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the sewer usage impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk no later than: (1) ten days prior to the public hearing on the development permit application for the project; or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.
(Ord. 69 § 11, 1961; Ord. 1132 § 5, 1989)
No permit shall be issued for the connection to the city sewer system by any property subject to the service fee or connection fee until the same has been paid to the city. Any person connecting, or causing the connection of, any such property to the city sewer system either directly or indirectly, without compliance with the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment.
(Ord. 69 § 11, 1961)