No person shall make connection of roof downspouts, areaway
drains, foundation drains, or other sources of surface water runoff
or groundwater to a sewer service lateral which in turn is connected,
directly or indirectly, to a public sanitary sewer.
(A) As part of its periodic construction and maintenance of sewer mains
or laterals, the City may discover illegal connections of roof downspouts,
areaway drains, foundation drains or other sources of surface water
runoff or groundwater. The City may order the property owner to remove
the illegal connection and inspect, repair or replace any lateral
or portion of the lateral that has been affected by the illegal connection.
(B) In the absence of a specific deadline established by the Director
of Utilities, all repair or removal work to eliminate the illegal
connection shall be completed within 60 days of notification by the
City that an illegal connection has been discovered.
(C) The City may impose civil administrative penalties or take other
enforcement actions against a property owner who fails to perform
any act required in this section.
(Ord. 3895 § 6, 2008)
(A) Connection may be made to the City's sewer trunk line systems in
locations approved by and subject to the regulations of the Board
of Public Utilities and City Council, upon payment to the City of
the demand fees specified below and the other specifications hereinafter
indicated. The Board of Public Utilities shall have the authority
to define and determine what constitutes a sewer connection. Additional
requirements or conditions for connection to the various sewer lines
within the City's sewer service systems are specified below.
(B) The sewer demand fees shall be as follows:
(1) Residential:
Type of Connection
|
Demand Fee
|
---|
Very Large Lot SFD (over 1 acre)
|
$7,040.00
|
Large/Medium Lot SFD (6,000 sf to 1 acre)
|
$5,957.00
|
Small Lot SFD (under 6,000 sf)
|
$5,776.00
|
Duplex and Triplex Units
|
$5,054.00
|
Multifamily Condominiums, Apartments, Mobile Homes
|
$5,054.00
|
Large ADUs, SROs, Senior Housing, and Small, High-Density Apartment
Units
|
$3,971.00
|
(2) The sewer demand fee for nonresidential and industrial customers
shall be based on:
(a) A nonresidential wastewater demand fee rate of $1,805.00 per thousand
gallons per month (TGM); and
(b) The estimated monthly sewer flow quantity for the type of use based
upon the factors in Table 15-1: Nonresidential or Industrial Demand
Factors–Typical Parameters, with the following requirements:
the minimum flow quantity that must be purchased for nonresidential
uses is 1,000 TGM, and purchases must be made in increments of 1,000
TGM. The Director of Utilities/City Engineer may periodically review
the water/sewer usage of nonresidential and industrial customers.
If the actual usage (flow quantity) exceeds the capacity purchased,
the payment of additional demand fees at the rates currently in effect
will be required.
Effective January 1, 2008 and continuing thereafter, demand
fees shall be adjusted as follows: The dollar amounts shown in subsection
B of this section shall be increased (or decreased) on January 1 of
each calendar year by a percentage equal to the percentage change
in the Engineering News-Record's 20-City Construction Cost Index for
the 12-month period ending November 30 of the prior calendar year.
(3) The fee per thousand gallons per month shall be adjusted annually
on January 1 of each year based on the Engineering News-Record's 20-City
Construction Cost Index, excepting that the fee per thousand gallons
per month will be reviewed at approximately every five years and be
increased or decreased to take actual changes in the City's General
Plan or Department Master Plans into consideration.
Table 15-1: Nonresidential or Industrial Demand Factors—Typical
Parameters
|
---|
Category
|
Type of Uses**
|
Average Monthly Flow (gallons per month per 1,000 square feet)
|
---|
1
|
Warehouse
|
130
|
2
|
Retail; Schools; Office; Church; Playhouses; Gym without shower;
Self-Service Frozen Yogurt
|
730
|
3
|
Auto Repair
|
670
|
4
|
Dental Office
|
2,950
|
5
|
Auto Sales
|
1,540
|
6
|
Halls
|
1,440
|
7
|
Movie Theaters
|
1,700
|
8
|
Surgery Centers
|
4,400
|
9
|
Convenience Store; Grocery without food preparation; Gas Station
(car wash calculated separately)
|
2,730
|
10
|
Barber/Beauty salon
|
3,970
|
11
|
Bakery
|
2,890
|
12
|
Deli; Grocery with food preparation
|
5,160
|
13
|
Veterinary Clinic
|
5,210
|
14
|
Motels; Hotels (restaurant and conference center areas calculated
separately)
|
7,350
|
15
|
Gym with showers
|
8,250
|
16
|
Hospital
|
11,840 gallons per month per bed
|
17
|
Bar
|
6,940
|
18
|
Coffee Shop
|
9,460
|
19
|
Restaurant
|
9,900
|
20
|
Skill Nursing; Assisted Living; Residential Care
|
2,307 gallons per month, per bed
|
21
|
Commercial Laundry
|
70% of water use based on comparable operations
|
22
|
Car Wash
|
40% of water use based on comparable operations
|
Notes:
|
---|
**
|
The usage for categories not shown in this table, such as coin
laundry facilities, wineries, breweries and distilleries, will be
determined based on comparable uses and data submitted by applicant.
|
(C) Except as provided below, the demand fees to be paid for a sewer connection shall be as set forth in this title and shall be calculated and paid at or before the time a building permit is issued by the City, or no later than the time of final inspection per the terms of a written agreement with the City, or per the terms of a fee deferral agreement made pursuant to Chapter
21-01 of this code.
(D) Demand fees may not be prepaid (credited as paid in full) for more
than two years in advance of the actual commencement of permanent
sewer service. The two-year period shall begin to run on (and shall
include) the day on which payment of the demand fees is received and
shall expire at midnight on that day of the second calendar year which
immediately precedes the second anniversary date of the payment. If
the two-year period expires without permanent sewer service having
commenced, all fees received shall be considered as a credit against
the actual fees that will have to be paid to acquire sewer service.
Alternatively, an expired prepayment of fees will be refunded upon
the written request of the person making the payment.
For applications made for which payments were received prior
to July 1, 1981, the two-year period shall not apply and fees paid
will be good until connected, provided no changes in size or other
recalculations are required. If changes in size or other recalculations
are required, the demand fee due shall be recalculated based upon
the demand fees currently in effect and the fee due shall be the difference
between the prepaid fee and the current demand fee in effect for the
size connection required; this provision shall remain in effect until
the Council establishes a specific date terminating said grandfather
provision. Should questions arise under this title the City's Director
of Utilities shall make the determination as to whether permanent
sewer service has or has not commenced to a structure as of any given
date.
Notwithstanding the two-year period under this section, once
a building permit is issued within the two year expiration period
for a project for which: (1) the appropriate sewer demand fees have
been paid, and (2) building construction above the foundation has
commenced on the project; no additional sewer demand fees will be
due for the project irrespective of the date of completion of the
project and the date that permanent sewer service is established.
(E) Demand fees shall only be collected for specific connections to the
sewer system and shall be valid only when the location and type of
connection are described on an engineering drawing or other documentation
approved by the City Engineer. Connection approvals are not transferable
to any other property. Connection approvals cannot be transferred
by sale, assignment or hypothecation to a new owner of the property
to which they relate without the written consent of the City.
(F) Persons or entities paying demand fees for a sewer connection during
the time period beginning on August 7, 2014, and ending on November
15, 2014, may apply to the Director of Utilities for an administrative
adjustment of the fees paid to be recalculated in accordance with
the fees established by the adopted ordinance codified in this section.
Any such application must be made in writing and received by the Director
of Utilities no later than February 7, 2015.
(Ord. 3047 § 1, 1993; Ord. 3225 § 10, 1995; Ord. 3248 § 1, 1996; Ord. 3313 § 3, 1997; Ord.
3355 § 1, 1998; Ord. 3367 § 3, 1998; Ord. 3386 §
1, 1998; Ord. 3453 § 1, 1999; Ord. 3617 § 1, 2003; Ord. 3663 § 1, 2004; Ord. 3707 § 5, 2005; Ord.
3757 § 1, 2005; Ord. 3824 § 1, 2007; Ord. 3829 §
1, 2007; Ord. 4034 § 1, 2014; Ord. 4036 § 1, 2015; Ord. 2021-005 § 1)
The schedules of connection charges set out in Section
15-16.030 may be varied from as to connection fees for major users at the discretion of the Board of Public Utilities. The Board of Public Utilities may consider and make such change in the connection fees provided for such major users upon its own initiative or upon petition of the Director of Utilities or the major user if in the Board's opinion, in view of the facts of the particular case, the result of application of the schedules set out in Section
15-16.030 is inequitable to either the City or the major user.
(Ord. 3895 § 6, 2008)
All fees set forth in Section
15-16.030 shall be computed by the Director of Utilities and shall be paid prior to the actual issuance of the building permit for the structure, work or improvement proposed to be connected to the sewer system, or no later than the time of final inspection per the terms of a written agreement with the City, or per the terms of a fee deferral agreement made pursuant to Chapter
21-01 of this code. For the purposes of this section, a mobile home is a structure.
(Ord. 3895 § 6, 2008; Ord. 4034 § 2, 2014)
A capital outlay revenue fund shall be established by the City Treasurer to record the receipt of all demand fees provided for in Section
15-16.030, exclusive of sewer lateral construction fees.
(Ord. 3895 § 6, 2008)
Sanitary sewer lines proposed for construction by individuals
or groups shall be the size necessary to handle sewage from the entire
area tributary to the line when that area is developed to ultimate
population density, as determined by the Director of Utilities.
(Ord. 3895 § 6, 2008)
Any connection made to the public sewer system of the City in violation of Section
15-16.090 shall be immediately disconnected under the direction of the Board of Public Utilities.
(Ord. 3895 § 6, 2008)
No person owning or controlling real property situated without
the City or situated partly within and partly without the City shall
maintain any private sewer line connection serving such property without
the City to any part of the sewer system of the City, without first
entering into a written agreement with the City on a form approved
by the Board of Public Utilities to pay an annual rent to the City
for such connection in accordance with the rates set forth in this
chapter. The rate to be charged for each connection, and included
in such agreement, shall be determined by the Board of Public Utilities
upon the survey or inspection of the property.
(Ord. 3895 § 6, 2008)
Notwithstanding anything to the contrary in this chapter, the
City reserves the right to terminate any agreement under this chapter
upon six months' written notice to the owner of the property at his
or her last known address, or at his or her address stated on such
agreement, or to the occupant of the premises served.
(Ord. 3895 § 6, 2008)
Any agreement made under this chapter may incorporate provisions
not contained in this chapter, if not in conflict therewith.
(Ord. 3895 § 6, 2008)
Any person having or obtaining a sewer connection outside the
City after the date of the ordinance codified in this chapter shall
comply with all present and future provisions of this code and other
ordinances and regulations of the City relating to sewer connections
and the use thereof, to the same extent and manner as if such sewer
connection were located within the City.
(Ord. 3895 § 6, 2008)
Each new applicant for sewer service shall establish and maintain
credit to the satisfaction of the Board of Public Utilities by a cash
guarantee deposit or otherwise before service will be rendered. The
Board of Public Utilities may adopt reasonable rules and regulations
relative to the amount of a guarantee deposit required, the length
of time it will be required, the terms and conditions under which
it will be held by the City, the terms and conditions under which
it will be returned to the depositor and the terms and conditions
under which it may be applied against a delinquent account, reinstated
or otherwise appropriated by the City.
(Ord. 3895 § 6, 2008)
When the use of a nonresidential or industrial premises that is connected to the sanitary sewer system changes or is expanded in square footage, the total demand fee for the new or expanded use shall be determined using the methodology described in Section
15-16.030(B)(2). Credit for previously paid demand fees shall be determined as follows:
(1) If there is a valid utility service agreement for the property, the
credit will equal the amount identified in the agreement as "maximum
gallons per month allowed."
(2) If there is no valid utility service agreement, and the previous
demand fee was paid after 1995 according to estimated wastewater flow
and/or strength methodology specified in the City Code, the credit
shall equal the amount purchased at that time, or subsequently purchased,
for the property in terms of "ESUs" (equivalent single-family units);
for each ESU purchased for the property, the property will be credited
5,500 gallons per month per ESU.
(3) If there is no valid utility service agreement, and the previous
demand fee was paid prior to 1996 according to water meter size or
other methodology, the credit will be calculated based on prior type
of use and square footage based on the current Table 15-1: Nonresidential
or Industrial Demand Factors—Typical Parameters.
(Ord. 3895 § 6, 2008)
The City Council may adopt, and from time to time amend, a resolution
which sets forth the special circumstances and other factors and criteria
under which Council-specified projects and uses, by types and/or by
locations, with regard to wastewater demand fees, would be eligible
for the nonresidential/multifamily residential payment plan provisions
of the "Guide to Water and Wastewater Policy" as adopted by the Board
of Public Utilities.
(Ord. 3895 § 6, 2008)