Note: Prior history: Prior code §§ 20.20 through
20.20.8, 20.21 through 20.21.9, 20.22, 20.23, 20.24 and 20.26 as amended
by Ords. 2667, 2838, 2917 and 3032.
The sanitary sewer facilities of the City, including all system
parts and components for the collection, transportation, treatment,
and disposition of domestic and industrial waste products, is a City-owned
public utility maintained and operated under the control and direction
of the Board of Public Utilities in accordance with the City Charter.
The services of the City sanitary sewer system shall be provided to
all users in return for payment of service charges, pursuant to this
chapter, and the funds obtained by payment and collection of such
charges shall be used exclusively for the uses and purposes of the
sanitary sewer system and for payment of interest on and redemption
of any bonds the City has issued or may issue for sanitary sewer system
purposes, as may be directed by the City Council. It is the policy
of the City that the sanitary sewer system be operated as a self-supporting
utility and that service charges for its use shall be calculated and
charged from time to time in sufficient amounts to operate and maintain
the sewer system and to provide for the expansion of the system to
meet the needs of all users, without resort to the general and other
funds of the City.
(Ord. 3047 § 1, 1993)
The amounts and rate schedules for fees and charges authorized
hereunder shall be as determined by the Board of Public Utilities
and adopted by ordinance, City Council and/or Board of Public Utilities
resolution as prescribed by the City Charter.
(A)
Construction charges are authorized and charged to recover construction
and/or inspection of the physical connection to the public sewer.
(B)
Connection or demand fees are authorized and charged to recover prior
and estimated future outlays by the City for providing sewage collection
and treatment capacity utilized to serve the premises.
(C)
Sewer use permit fee is authorized and charged for application for
a sewer use permit and to recover costs of administering sewer use
permits. Separate fee schedules may be established for the two classes
of permits, i.e., nonresidential and commercial/industrial.
(D)
Sewer fixed monthly service charges and sewer user charges are authorized
and charged to recover the cost of operating, maintaining and expanding
the City sewer system.
(Ord. 3047 § 1, 1993; Ord. 3973 § 8, 2011)
The Board of Public Utilities, subject to approval of the City
Council, shall periodically establish, review and revise sewer service
charges so that the total revenue from the collection of such charges
is equal to the total cost of operating, maintaining, and expanding
the City sewer system. The cost of operating the system shall include
the cost of providing reasonable reserves in accordance with standard
public utility bookkeeping practices and the cost of providing bond
interest and redemption as may be ordered by the City Council with
regard to any bonds the City has issued or may issue for the sanitary
sewer system purposes. Allocated costs of the Santa Rosa subregional
sewerage system shall be separately determined. All rates and charges
shall meet applicable State and Federal guidelines.
(Ord. 3047 § 1, 1993; Ord. 3973 § 9, 2011)
Sewer service charges shall be based on the following rules
and standards:
(A)
The standard utility accounting period shall be a fiscal year commencing
July 1st and ending June 30th.
(B)
The sewer fixed monthly service charges shall be payable by each
user billed 12 times per year and paid with the bill for water and/or
sewer service to the same premises.
(C)
Sewer user service charges shall be based upon the estimated actual
use of the sanitary sewerage system by the premises or user, except
that a minimum charge may be set based upon a minimum monthly usage.
(Ord. 3047 § 1, 1993; Ord. 3362 § 1, 1998; Ord. 3453 § 3, 1999; Ord. 3973 § 10, 2011)
A fixed monthly sewer charge shall be payable by each user and
paid with the bills for water and/or sewer services to the premises,
based upon the size of the water meter.
(Ord. 3973 § 11, 2011)
Sewer user service charges shall be determined as follows:
(A)
Except as set forth in this section, user charges shall be based on a sewer cap determined by the City based on metered consumption of water as determined by averaging usage during winter billing periods occurring during the months of November through March and in accordance with policies, rules, or regulations approved by the Board of Public Utilities. The Engineer may from time to time identify customers whose charges may be calculated as provided in subsection C.
(B)
Residential accounts with no outdoor irrigation needs will be billed
sewer based on the metered monthly water usage.
(C)
Sewer user service charges for nonresidential and commercial/industrial users shall be based on the billing period of metered water consumption from all sources but excluding water which, upon determination by the Engineer, is found not to be discharged to a sanitary sewer. The Engineer may from time to time identify customers whose charges may be calculated as provided in subsection A.
(D)
Sewer user service charges for commercial/industrial users may also
be based on the pounds of BOD and suspended solids and any other applicable
waste loadings discharges to the sewer each billing period determined
in accordance with the applicable provisions of this title or provisions
adopted in implementation of this title. Special charges may be made
to reimburse the City for abnormal costs incurred because of other
pollutants in the wastewater. Rates for seasonal industries shall
include in their capital-related element the costs of allocated capacity
service in the subregional system. Commercial/industrial rates, to
the extent applicable, shall include provisions to comply with industrial
cost recovery provisions of the Federal Water Pollution Control Act
of 1972. Charges to users from wastes conveyed to a point of direct
entry to the sewerage system by tank truck or other conveyance shall
be based both on volume and general waste strength.
(E)
Should a user not be connected to or receive all water from the City
utility, the City may calculate sewer user service charges based upon
a City determined average for like users. In the alternative, for
users not connected to or receiving all water from the City utility,
the Engineer may require in his or her sole discretion that the user
install, at user's expense, flow-measuring devices acceptable to the
Engineer to adequately record water intake or sewage discharge.
(F)
No sewer service charge shall be levied upon any property or use
which is using City water but which is not connected to the City sewer
system.
(G)
Charges for user agencies of the subregional system shall be in accordance
with the terms of the agreement between each user agency and the City.
(Ord. 3973 § 12, 2011)
The Board of Public Utilities shall periodically report to the
City Council showing the charges it has calculated in accordance with
this chapter. The City Council shall consider, levy and assess such
charges by resolution, including in such levy any modifications the
Council deems necessary to ratify the purposes and policies of this
chapter, provided however, that until such time as the City Council
reconsiders these sewer service charges, then the amount of the sewer
service charge shall remain fixed and be applied to the water use
to calculate the sewer service charges, notwithstanding the fact that
the resolution then in effect may not expressly so provide.
(Ord. 3047 § 1, 1993; Ord. 3973 § 13, 2011)
An accounting system shall be maintained in accordance with
generally accepted accounting principles. It shall be sufficient in
detail to demonstrate that collections and disbursements are made
in compliance with the intents and purposes of state and federal regulations.
Separate accounting shall be maintained for the subregional system
and for the City sewage collection system and other facilities exclusively
serving the City service area.
(Ord. 3047 § 1, 1993)
That portion of sewer service charges and connection fees used
for the annual acquisition, construction, reconstruction, replacement
and debt retirement of the subregional system shall be deposited into
the wastewater capital recovery fund and shall be expended and invested
in accordance with state and federal regulations and guidelines. All
other charges and fees shall be deposited in the sewer utility fund
and shall be accounted for separately. Disbursement of funds shall
be for operation and maintenance expense of the entire sewerage system,
capital-related expense of the collection system and other facilities
exclusively serving the City service area, and interest expense on
debts issued for sewage system acquisition, construction, reconstruction
or replacement.
(Ord. 3047 § 1, 1993)
Upon notification by the owner of a premises that is vacant,
water and/or sewer service shall be stopped and water and/or sewer
service charges shall be suspended until water and/or sewer service
is restored. If the property owner requests service to remain on,
the minimum sewer cap will be assigned to the properties with sewer
service until such time as the property becomes occupied. If the property
owner fails to notify the City when the property becomes occupied,
said owner will be liable for back charges.
(Ord. 3047 § 1, 1993; Ord. 3973 § 15, 2011)
The Council finds that the public health, safety and welfare
of the people of the City is benefited by providing sewer service
to its residents. In the case of property or premises that are occupied
by someone other than the owner, such fees and charges may be charged
to the occupant of such premises. In the case of nonresidential property
or premises, if the occupant fails to pay such fees, the owner shall
be liable to the City for such fees.
(Ord. 3047 § 1, 1993; Ord. 3973 § 16, 2011)
The City Council or Board of Public Utilities may by resolution
prescribe penalties or charges to be assessed against delinquent accounts
and shall have the power and authority to enforce collection thereof.
(Ord. 3047 § 1, 1993; Ord. 3973 § 18, 2011)
Charges for sewer service and all penalties thereon when confirmed
by the Board of Public Utilities as provided in this chapter, shall
constitute a lien upon the real property served and such lien shall
continue until the charge and all penalties are fully paid or the
property is sold therefor. The lien shall be prior to all other liens
recorded after the lien for sewage charges is recorded as provided
in this chapter. In addition, the Board of Public Utilities may authorize
the Tax Collector of the City to place the lien on the tax roll of
the property served.
(Ord. 3047 § 1, 1993)
By the adoption of a resolution, the Board of Public Utilities
may declare that delinquent charges and penalties, when recorded as
provided in this chapter, shall constitute a lien upon the real property
served after notice and hearing as provided in this section.
(A)
On or before the 15th day of July of each year, the Board of Public
Utilities shall hold a hearing to determine the amount of the delinquent
charges and penalties for sewer service. Notice of the hearing shall
be given by the Tax Collector of the City and shall contain a copy
of the proposed resolution. Said notice shall state the time and place
for a hearing on said proposed resolution and that at said time and
place any person interested may appear and be heard as to the charges
and penalties.
(B)
The notice shall be published at least once each week for two weeks
prior to the hearing in a newspaper published in the City. The first
publication shall be at least 15 days prior to the date of the hearing.
(C)
At the time and place fixed in said notice of hearing, the Board
of Public Utilities shall hold said hearing. At the hearing, any person
interested may appear and be heard on the matters set forth in the
notice. At the hearing the Board of Public Utilities may change or
modify the charges and penalties; provided, however, that no charge
or penalty shall be increased from that set forth in the proposed
resolution unless notice of intention to make said increase shall
be published at least once or posted at least 10 days prior to the
hearing on the proposed charge.
(D)
At the conclusion of the hearing, the Board of Public Utilities may
determine that the charges and penalties are not discriminatory or
excessive, comply with law, and adopt said resolution as proposed
or modified.
(E)
One of the modifications of the resolution may be the finding and
determination by the Board of Public Utilities that the amount of
the charge and penalty shall be placed on the tax roll. If such finding
and determination is made by the Board of Public Utilities, the Tax
Collector shall forward the amount fixed by the Board of Public Utilities
to the County Tax Collector for placement on the tax roll next succeeding
the hearing.
(Ord. 3047 § 1, 1993)
Any person aggrieved by any decision or determination of the
Board of Public Utilities may appeal to the City Council by filing
written notice of appeal within 15 days of the date of such decision
or determination with the City Clerk. The council shall thereupon
fix a time and place for hearing such appeal. The City Clerk shall
give notice to such person of the time and place of hearing by serving
it personally or by depositing it in the United States post office,
postage prepaid, addressed to such person at his or her last known
address.
(Ord. 3047 § 1, 1993)
The lien provided for in this chapter shall attach and be entitled
to priority as of the time the Tax Collector records the list of delinquent
unpaid charges and penalties with the County Recorder. Each recorded
lien shall state the amount of each charge and the penalty, a description
of the real property upon which the same is a lien, and the name of
the City to which the same is payable. A list of all such delinquent
charges shall be recorded annually, but no delay or informality in
recording the same shall invalidate the lien or any unpaid charge
or any subsequent act or proceeding.
(Ord. 3047 § 1, 1993)
As a separate, distinct, and cumulative remedy established for
the collection of said charges and penalties thereon, an action may
be brought in the name of the City in any court of competent jurisdiction
to enforce the lien of the charge and all penalties thereon against
the user. In such action, a reasonable attorney's fee may be awarded
plaintiff.
(Ord. 3047 § 1, 1993)
The City may terminate sewer and water sources to the property
for which charges for sewer services are delinquent and may refuse
to restore such services until all such charges, together with service
charges for resumption of such services are fully paid. Water and
sewer services may be terminated to the property regardless of the
identity of the owner or occupant of the property, or user of the
service.
(Ord. 3047 § 1, 1993)
The service charge for the resumption of sewer service shall be the same as provided for water service in Chapter 14-04.
(Ord. 3047 § 1, 1993)
The Board of Public Utilities, subject to approval of the City
Council, shall periodically calculate sewer service charges so that
the total revenue from the collection of such charges is equal to
the total cost of operating, maintaining, and expanding the City sewer.
The cost of operating the system shall include the cost of providing
reasonable reserve in accordance with standard public utility bookkeeping
practices and the cost of providing for bond interest and redemption
as may be ordered by the City Council with regard to any bonds the
City has issued or may issue for sanitary sewer system purposes.
(Ord. 3047 § 1, 1993; Ord. 3973 § 19, 2011)
There is established in the books of account maintained by the
City a sanitary sewer fund, which fund shall be used for the accounting
of, the receipt and disbursement of moneys collected by the City under
this chapter.
(Ord. 3047 § 1, 1993)
