[Ord. No. 2120, Enacted, 12-19-1995; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2579, Amended, 3-20-2012]
The City of Lake Oswego.
The person appointed by the City Manager to perform the duties of City Engineer pursuant to LOC Article 40.06.
The person appointed by the City Council as the City Manager
pursuant to the Lake Oswego Charter, or the City Manager’s designee.
A pipe located within a public right-of-way and/or public
utility easement that is designed to convey sewage by gravity.
A uniform charge established to recover the cost of extending
the sanitary sewer system to serve properties within the USB.
A lot as defined in LOC § 50.10.003.2.
Any person or legal entity.
A pipe and related pumping facilities located within a public
right-of-way and/or public utility easement that is designed to convey
sewage by pressure.
The owner of the title to real property or the contract purchaser
of real property of record as shown on the last available complete
assessment roll in the Office of the County Assessor.
A small diameter pipe located within a public right-of-way
and/or public utility easement that is designed to convey sewage by
pressure or gravity.
The area consisting of the incorporated city limits of the
City of Lake Oswego and the area outside of the corporate limits but
within the area identified pursuant to the Lake Oswego Comprehensive
Plan as territory for future annexation and service by the City of
Lake Oswego.
[Ord. No. 2120, Enacted, 12-19-1995]
The purpose of this ordinance is to establish a program for
the extension of the sanitary sewer system by the City to serve properties
within the USB and to recover the cost of extending the sanitary sewer
system by establishing a charge for connection to the system.
[Ord. No. 2120, Enacted, 12-19-1995]
2.
A request
to extend the sanitary sewer system shall be in writing and shall
consist of the following information:
3.
The
City Engineer shall review each request for extension of the system
and determine if it is in the City’s interest to proceed with
extension of the system. The review shall consider the following factors:
a.
The
potential health hazard if the system is not extended;
b.
Whether
the properties to be served by the extension are within the City limits
at the time of the request are likely to connect to the system and
agree to be annexed within a reasonable period, or are slated to receive
service from the City pursuant to a valid intergovernmental between
the City and another governmental unit.
c.
The
number of properties that will benefit if the system is extended and
whether those properties are currently developed; and
d.
The
potential water quality benefits if the system is extended.
e.
Adequacy
of the available funding source.
f.
Availability
of public right-of-way or easements.
4.
If the City Engineer determines that it is in the City’s interest to proceed with extension pursuant to subsection 3 of this section, the extension shall be scheduled for construction. Persons who apply to connect to the extended line shall pay the line charge established pursuant to LOC § 40.06.040 prior to and as a condition of connection.
[Ord. No. 2120, Enacted, 12-19-1995]
1.
A line
charge shall be established by a resolution of the City Council. The
line charge shall be based upon the number of separate connections
to the sanitary sewer system and charged per connection.
2.
The
charge will be uniform throughout the USB, except that, separate charges
shall be established for gravity sanitary sewers and STEP/G systems.
3.
The
line charge shall be reviewed and revised annually to reflect actual
construction costs for projects constructed under the sanitary sewer
extension program and/or the Engineering News Record Construction
Cost Index.
[Ord. No. 2120, Enacted, 12-19-1995]
2.
The
City engineer shall record payment of the line charge, including the
location of the parcel connected to the sanitary sewer system.
3.
No
sanitary sewer connection, building permit or public works permit
shall be permitted or issued until the line charge has been paid in
full or until provision for installment payments or other acceptable
security has been made and approved.
[Ord. No. 2120, Enacted, 12-19-1995]
The following facilities shall not be financed and constructed
by the City under the Sanitary Sewer Extension Program:
[Ord. No. 2120, Enacted, 12-19-1995]
A parcel shall be exempt from the sanitary sewer extension program
line charge if any of the following conditions are met:
1.
Sanitary sewer service is available without connecting to a sanitary sewer line extended pursuant to LOC Article 40.06. For the purposes of this subsection, "available" means that a sanitary sewer line has been constructed to the upstream boundary of the property or as otherwise determined by the City Engineer.
2.
The
property owner elects to extend the sanitary sewer system to the upstream
sub-basin boundary at owner’s expense.
3.
The
property owner extends sanitary sewer service at owner’s expense
in an amount greater than the sum of the connection charges that the
property owner would incur, excluding the cost of sanitary sewer service
constructed to serve only the parcels created by the subdivision of
the property, and provided that the property owner does not request
the formation of a sanitary sewer zone of benefit.
4.
The property is located within a sanitary sewer zone of benefit formed pursuant to LOC Article 40.04.
5.
The
property is located within a sanitary sewer local improvement district
formed pursuant to LOC § 40.02.
[Ord. No. 2120, Enacted, 12-19-1995; Ord. No. 2890, Amended, 3-17-2022]
1.
Any person subject to a sanitary sewer extension program line charge may apply to pay the charge in at least 20 semi-annual installments, including interest on the unpaid balance, in accordance with LOC §§ 40.02.150 to 40.02.160. Upon acceptance by the City, the line charge, together with interest thereon, shall be a lien against the property.
2.
The City Manager shall provide application and contract forms for installment payments, which shall include a waiver of all rights to contest the validity of the lien, except for the correction of computational errors. The City Council shall establish the interest rate pursuant to LOC § 40.02.151.
3.
An applicant for installment payments shall demonstrate that they have authority to consent to the imposition of a lien on the parcel and that the property interest of the applicant is adequate to secure payment of the lien. Applications for installment payment shall be submitted no later than ten days after the line charge is due and payable. Prior to acceptance of any application for financing under subsection (2) of this section, the City Manager may require the subordination of any liens of record on the property.
4.
The
City Manager shall record the amount of the line charge, the dates
on which the payments are due, the name of the owner, and the description
of the parcel.
5.
The
City Manager shall docket any financed portion of the line charge
on the City lien docket, together with a description of the property,
the name of the property owner and such other information as required
by state law. Once docketed, the City shall have a priority lien upon
the described parcel for the amount of the line charge, together with
interest on the unpaid balance at the rate established by the City
Council.
6.
In
lieu of such lien, or in addition to secondary lien status, the property
owner may apply, or the City Manager may require the property owner,
to secure the unpaid line charge plus interest by bond, deposits,
letter of credit or other security acceptable to the City Manager.
[Ord. No. 2120, Enacted, 12-19-1995; Ord. No. 2231, Amended, 3-21-2000]
1.
No person may connect to the City’s sanitary sewer system improvement, unless the applicable line charge has first been paid or has been financed pursuant to LOC § 40.06.080. No person may occupy, maintain or use property or an improvement thereon for which a line charge is due and payable, unless such line charge has first been paid or financed.
3.
The
remedies provided under this section are in addition to and cumulative
with any other remedies provided by law.
[Ord. No. 2120, Enacted, 12-19-1995; Ord. No. 2890, Amended, 3-17-2022]
1.
If a line charge is not paid when due and is not financed pursuant to LOC § 40.06.080, the City Manager shall prepare a report and request to lien the property. A copy shall be sent by certified mail, return receipt requested, to the owner of record of the property. The property owner shall be notified that unless they request a hearing to contest the City Manager’s determination within 15 days of the day of mailing, the City will docket a lien against the property.
2.
Any
person aggrieved by a decision of the City Manager to impose a lien
on property may appeal such decision by filing a written request with
the City Recorder within fifteen days of the date of mailing. The
Request for a Hearing shall include:
3.
The
City Council shall conduct a hearing on the matter. The City shall
mail the appellant written notice of the hearing not less than ten
days prior to the hearing. The Council shall hear and determine the
appeal on the basis of the appellant’s written statement and
any additional evidence they deem appropriate. At the hearing the
appellant may present testimony and oral argument personally or by
counsel.
4.
If no appeal is filed or if the City Council finds that a line charge is due, payable, unpaid and uncollected, the Council shall, by motion, direct the City Manager to docket the unpaid and uncollected line charge in the lien docket. Once docketed, the City shall have a lien against the described land for the full amount of the unpaid charge together with the City’s actual cost of providing notice on the owner together with interest at the delinquency rate adopted by resolution of the Council pursuant to LOC § 40.02.151. The lien shall be enforceable in the manner provided by ORS Chapter 223. The docketing of a lien against the property by the City shall not preclude the City from pursuing other available remedies to collect such charges, interest, penalties and costs.
