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)
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 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)