No public sewer, side sewer, building sewer or other sewerage
facility shall be installed, altered or repaired within the city until
a permit for the work has been obtained from the city and all fees
paid in accordance with the requirements of the ordinances, rules
and regulations of the city.
(District code Ch. 5 Art. II § 33.01)
No unauthorized person shall uncover, make any connection with
or opening into, use, alter or disturb any public sewer or appurtenances
or perform any work on any lateral or building sewer without first
obtaining a written permit from the city.
(District code Ch. 5 Art. II § 33.02)
A.
Any
person legally entitled to apply for and receive a permit shall make
such application on forms provided by the city for that purpose. He
or she shall give a description of the character of the work proposed
to be done and the location, ownership, occupancy and use of the premises
in connection therewith. The city manager may require plans, specifications
or drawings and such other information as he or she may deem necessary.
B.
If
the city manager determines that the plans, specifications, drawings,
description or information furnished by the applicant is in compliance
with the ordinances, rules and regulations of the city, he or she
shall have issued the permit applied for upon payment of the fees
prescribed by resolution of the city council.
(District code Ch. 5 Art. II § 33.05; Ord. 89-14 § 3 (part))
After approval of the application, evidenced by the issuance
of a permit, no change shall be made in the location of the sewerage
works, the grade, materials or other details from those described
in the permit or as shown on the plans and specifications for which
the permit was issued, except with written permission from the city
manager.
(District code Ch. 5 Art. II § 33.05)
The applicant's signature on an application for any permit shall
constitute an agreement to comply with all the provisions, terms and
requirements of this and other chapters, rules and regulations of
the city and with the plans and specifications he or she has filed
with his or her application, if any, together with such correction
or modifications as may be made or permitted by the city, if any.
Such agreement shall be binding upon the applicant and may be altered
only by the city upon written request for alteration from the application.
(District code Ch. 5 Art. II § 33.06)
If work under a permit is not commenced within six months from
the date of issuance of the permit or if after partial completion
the work is discontinued for a period of one year, the permit shall
thereupon become void and no further work shall be done until a new
permit has been secured. A new fee shall be paid upon the issuance
of the new permit.
(District code Ch. 5 Art. II § 33.25)
The owner or owners of lands within areas proposed to be annexed
to the city shall deposit with the city manager a sum to be fixed
by the city council prior to commencement of proceedings by the city
council on the proposed annexation. The amount to be fixed by the
city council shall be in a sum estimated to equal the engineering,
legal and publication costs and all other charges which may be incurred
by the city in preparing and examining maps, legal descriptions and
other documents in relation thereto, and other expenses, regularly
incurred in connection therewith. In addition, the city council will
establish the fee per acre for such annexation plus any applicable
engineering or construction costs for extension of public sewer mains
in that area which may have been incurred by the city previously.
(District code Ch. 5 Art. II § 33.07)
A.
Connection
charges for single-family units, for multiple dwellings, commercial,
industrial, public and other uses and for changes in use of existing
properties, within or without the boundaries of the city, shall be
paid to the city by the owner, or by any other person obligated to
pay such charge, who desires the connection of any such property to
the sewerage works of the city or to make any changes in existing
connections thereto based on the fees prescribed by resolution of
the city council.
B.
Change
of Use. If at any time after payment of a connection charge there
is a change of use on the premises resulting in more than a ten-fixture
unit increase in plumbing fixtures, the owner shall, prior to issuance
of a change of use permit, pay the city the fees prescribed by resolution
of the city council.
C.
Values
of Fixture Units. Numbers of fixture units in a facility, for purposes
of computing connection charges, shall be determined from the table
below:
|
Kind of Fixture
|
Units
|
|---|---|
|
Bathtub
|
2
|
|
Bidet
|
2
|
|
Dental unit or cuspidor
|
1
|
|
Drinking fountain
|
1
|
|
Floor drain
|
2
|
|
Interceptor for grease, oil, solids, etc.
|
3
|
|
Interceptor for sand, auto, wash, etc.
|
6
|
|
Laundry tub or clotheswasher (residential)
|
2
|
|
Laundry tub or clotheswasher (self-service laundry, 2 units
each)
|
2
|
|
Receptor (floor sink) indirect waste receptor, refrigerators,
coffee urn, water station, etc.
|
1
|
|
Receptor, indirect waste receptor for commercial sinks, dishwashers,
air washers, etc.
|
3
|
|
Showers, single stall
|
2
|
|
Showers, other (one unit per head)
|
1
|
|
Sink, bar, residential (½ʺ min. waste)
|
1
|
|
Sink, bar, commercial (2ʺ min. waste)
|
2
|
|
Sink, commercial or industrial, schools, etc. including dishwashers,
wash-up sinks and wash fountains (2ʺ min. waste)
|
3
|
|
Sink, flushing rim, clinic
|
6
|
|
Sink and/or dishwasher (residential 2" min. waste)
|
2
|
|
Sink, service
|
3
|
|
Trailer park trap (one for each trailer)
|
6
|
|
Urinal, pedestal
|
6
|
|
Urinal, stall
|
2
|
|
Urinal, wall (2ʺ min. waste)
|
2
|
|
Urinal, wall trough (2ʺ min. waste)
|
3
|
|
Wash basin (lavatories), single
|
1
|
|
Wash basin, in sets
|
2
|
|
Water closet
|
6
|
D.
Drain
line stubs which provide a means for fixture extension of drains should
be assigned the number of fixture units listed in the following schedule:
|
Diameter of Drain Line
|
Fixture Units
|
|---|---|
|
1½ inches and smaller
|
2
|
|
2 inches
|
3
|
|
2½ inches
|
4
|
|
3 inches
|
5
|
|
4 inches
|
6
|
E.
Connection
charges, as prescribed by resolution of the city council, shall be
adjusted wherever a component of the connection charge has been prepaid
by a property owner. For this purpose, the components eligible for
adjustment are treatment and collection.
F.
Connection
charges shall be adjusted each succeeding July 1st, commencing July
1, 1990, to reflect inflationary costs. The fees shall be increased
by the ratio which the Engineering New Record Connection Cost Index
(twenty cities) for the most recent July 1st bears to the July 1,
1989 index.
G.
Except as set forth in subsection B of this section, no new sewer connection charge shall be required pursuant to this section for the same quality and quantity of sewage or wastewater from new or replacement facilities which have been destroyed or demolished and for which building sewer connection charges have been previously paid, unless there is a change in existing conditions. Nothing in this subsection shall constitute a waiver of any other requirements of this chapter including, but not limited to, the requirements for permits and inspections.
(District code Ch. 5 Art. II § 33.08; Ord. 88-1 § 1; Ord. 89-14 § 3 (part))
For any unit or lot, or part of the property which may be annexed
that abuts on or can be directly served by an existing sewerage works
of the city constructed or acquired pursuant to a special assessment
proceeding, an additional connection charge equal to the amount which
the property would have been assessed for the improvements shall also
be collected and paid for the privilege of using the sewerage works.
The sum shall not include any amounts for which bonds of the city
are then outstanding and to which the property is or shall become
subject.
(District code Ch. 5 Art. II § 33.09)
In addition to any other fees and charges established by the
ordinances, rules and regulations of the city, there shall be collected
prior to connection to the sanitary sewer system of the city, special
additional connection charges for any parcel, unit, lot or part of
any property that abuts on or can be served by an existing main sewer
or sewerage works of the city constructed by or at the expense of
the city for which the parcel, unit, lot or part of any property did
not pay its proportionate cost of installation. The charges shall
be collected where the facilities to serve the property consist of
a main sewer or any sewer manhole, pumping station or any other sewer
facility, together with all appurtenances thereto, which was constructed
by or for the city in order to coordinate the construction of the
facilities with any street improvement program of the city, or to
meet the requirements of the city for facilities to serve areas under
the city general plan or for meeting the anticipated requirements
for sewer service from the city, or for any other reason, which facilities
where paid for by the city, which additional connection charge shall
be in a sum to be computed by the city on the basis of the actual
cost of the installation of the service, sewer lateral, sewer main,
manhole or pumping facility, including all expenses incidental thereto
and all engineering, legal, inspection and other charges, plus the
loss of revenue on that money since it was first constituted.
(District code Ch. 5 Art. II § 33.10)
In addition to any other charges established in this chapter,
the city may establish special connection charges for any sewer connection
when, in the opinion of the city council, the circumstances of such
connection necessitate the establishment of unusual conditions or
necessitates the payment of charges over and above those established
in this chapter.
(District code Ch. 5 Art. II § 33.11)
All connection charges shall be due prior to connection to the
sanitary sewer system of the city; provided, however, the city council
may in its sole discretion provide that any such connection charges
may be paid in installments over a period of not to exceed six percent
per annum, to be charged on the unpaid balance of such charges and
prior interest. All charges and interest to be paid in installments
shall constitute a lien against the respective lots of parcels of
land to which the facilities are connected and to the extent unpaid
shall be collected in the same manner as the taxes of the city; provided,
the city shall have given notice to the owners of the lots or parcels
affected as provided by law.
(District code Ch. 5 Art. II § 33.12)
A.
A service
charge based on the cost of collection and processing sewage plus
overhead times the gallonage of water discharged, shall be charged
to any person or business using the facilities of the city and discharging
in excess of ten thousand five hundred gallons per month.
B.
Billing.
The city will bill the user bimonthly.
C.
Metering.
The user will provide a metering device at his or her expense, approved
by the city, to determine the volume of water being discharged into
the city's system. The city may elect to utilize the reading of the
water service meter to compute the service charge.
(District code Ch. 5 Art. II § 33.13)
There is levied and assessed upon each premises having any sewer
connection to the city sewage system, or who are discharging sewage
which ultimately passes through the city sewage system, a monthly
service charge or rental as prescribed by resolution of the city council.
(District code Ch. 5 Art. II § 33.14; Ord. 89-14 § 3 (part))
Service charges shall be charged by user class, reflecting the
different constituent(s) and water volume requirements for each class.
Each user class shall pay the higher of two charges: (1) a service
charge to be the result of the rate for the user class; applied to
the average volume usage for the class, or (2) a service charge to
be the result of the rate for the user class applied to the user's
volume usage.
(Ord. 93-11 § 4)
Charges for the services or facilities furnished by the city
pursuant to this chapter shall be prescribed or revised by resolution
or ordinance.
(Ord. 93-11 § 4)
A.
The
following additional provisions are applicable to the computation
of the sewer service charge for industrial customers:
1.
Billing
for services may be for a period mutually agreed upon, not exceeding
twelve months, in cases in which it can be demonstrated that a uniform
flow and sewage characteristic exists.
2.
The
city may require the installation of city-approved recording and sampling
devices, or sewage meters, on the premises for use by the city at
the customers expense. Such devices or meters shall be available for
inspection at any reasonable time. Recording devices shall be capable
of recording instantaneous and accumulated flows and sampling devices
shall be automatic and capable of twenty-four hour storage, maintenance
of temperature between thirty-five degrees and forty degrees Fahrenheit,
and have a five gallon capacity. Customers shall be responsible for
maintenance, repair and replacement of all sampling or recording devices
and equipment. Customer shall in all events be responsible for any
damage or expense in repair or replacement for which customer or his
or her agent, officers or employees are responsible.
B.
Industrial
Users Discharging Nondomestic Sewage Constituents. Industrial users
discharging sewage containing constituent(s) other than those normally
found in domestic sewage shall be assessed an additional charge to
compensate for any additional problems or costs incurred in conveying,
treating or disposing of such constituent(s).
C.
Industrial
Users. The city may adopt charges and fees for industrial users which
may include:
1.
Fees
for reimbursement of costs of setting up and operating the pretreatment
program;
2.
Fees
for monitoring, inspection and surveillance procedures;
3.
Fees
for reviewing accidental discharge procedures and construction;
4.
Fees
for permit applications;
5.
Fees
for handling appeals;
6.
Other
fees which may be found necessary to carry out the requirements contained
in this chapter.
D.
In
addition to any other fee or charge hereunder, every industrial user
shall be charged a monthly fee as established by resolution of the
city council on the same bill as and collected together with other
periodic charges for sewer use, the charge to ensure the monitoring,
inspection and otherwise enforcement of the requirements of this chapter
which apply to industrial users. These fees shall be subject to periodic
review by the city.
E.
Commercial or other nondomestic users not otherwise covered by this section shall be charged a metered rate subject to a minimum charge as established by Section 13.08.380(C).
(District code Ch. 5 Art. II §§ 33.14
(part), 33.15; Ord. 91-20 § 1
(H), (I); Ord. 94-6 § 4
(part))
Fees for issuing permits and inspecting building sewers shall
be as established by the city council by resolution.
(District code Ch. 5 Art. II § 33.17; Ord. 94-6 § 2)
The applicant shall post a surety bond, cash or other security
satisfactory to the city to guarantee the faithful performance of
any agreement for public main extension entered into with the city
council. The surety bond, cash or security shall be in the sum of
one hundred percent of the estimated costs of the work or in such
other sum as may be fixed by the city council, and shall in addition
to guaranteeing the faithful performance of the work, guarantee the
maintenance of the sewer main for a period of one year following the
completion and acceptance of the work by the city.
(District code Ch. 5 Art. II § 33.18)
A.
All
sewer construction work shall be inspected by an inspector acting
for the city to ensure compliance with all requirements of the city.
No sewer shall be covered at any point until it has been inspected
and passed for acceptance. No sewer shall be connected to the city's
public sewer until the work covered by the permit has been completed,
inspected and approved by the inspector. If the test proves satisfactory
and the sewer has been cleaned of all debris accumulated from construction
operations, the city manager shall issue a certificate of satisfactory
completion.
B.
For
public sewer construction, the owner or owners and/or contractor shall
deposit with the city manager a sum to be fixed by the city council
prior to commencement of work. The sum shall be estimated to equal
the cost of inspecting the work and expenses regularly incurred in
connection therewith. The amount to be charged for inspection shall
be on a time basis at the rate of eight dollars per hour and twelve
dollars per hour for all Saturday and Sunday and holiday work and
also all time in excess of eight hours per week day. Should the amount
of the deposit exceed the costs incurred by the city, the excess shall
be refunded to the owner or owners and/or contractor following the
conclusion of the work. Should the amount of the deposit be insufficient
to pay such costs incurred by the city, the owner or owners and/or
contractor shall advance such additional sums as shall be necessary
to pay the costs prior to the final inspection of the work.
(District code Ch. 5 Art. II § 33.19)
It shall be the duty of the person doing the work authorized
by permit to notify the office of the city in writing that the work
is ready for inspection. Such notification shall be given not less
than forty-eight hours, Saturdays, Sundays and holidays excluded,
before the work is ready to be inspected. It shall be the duty of
the person doing the work to make sure the work will stand the tests
required by the city before giving the above notification.
(District code Ch. 5 Art. II § 33.20)
When any work has been inspected and the work condemned and
no certification of satisfactory completion given, a written notice
to the effect shall be given instructing the owner of the premises,
or the agents of such owner, to repair the sewer or other work authorized
by the permit in accordance with the ordinances, rules and regulations
of the city.
(District code Ch. 5 Art. II § 33.21)
All costs and expenses incident to the installation and connection
of any sewer or other work for which a permit has been issued shall
be borne by the owner. The owner shall indemnify the city from any
loss or damage that may directly or indirectly be occasioned by the
work.
(District code Ch. 5 Art. II § 33.22)
A separate permit must be secured from the city or any other
person having jurisdiction thereover by owners or contractors intending
to excavate in a public street for the purpose of installing sewers
or making sewer connections.
(District code Ch. 5 Art. II § 33.23)
The city and its officers, agents and employees shall not be
answerable for any liability or injury or death to any person or damage
to any property arising during or growing out of the performance of
any work by such applicant, The applicant shall be answerable for,
and shall save the city and its officers, agents and employees harmless
from any liability imposed by law upon the city or its officers, agents
or employees, including all costs, expenses, fees and interest incurred
on defending same or in seeking to enforce this provision. Applicant
shall be solely liable for any defects in the performance of his or
her work or any failure which may develop therein.
(District code Ch. 5 Art. II § 33.24)
All sewer use rates and charges may be billed on the same bill
as and collected together with rates and charges for other city services.
If all or any part of such bill is not paid, the city may discontinue
any or all the services for which the bill is rendered in the manner
set forth in this article.
(District code Ch. 5 Art. II § 33.26)
The city shall issue bills for residential, commercial and all
other forms of service rendered pursuant to this chapter at least
every sixty days. The city may issue bills every thirty days for service
rendered. In switching from one billing period to another billing
period, the city may issue bills for a service period longer than
thirty, but less than sixty, days. Each bill shall specify the dates
of the service period.
(District code Ch. 5 Art. II § 33.27)
A.
The
city shall bill the property owner directly for all services provided
to the owner's property.
B.
The
property owner shall be liable for payment of all city charges regardless
of whether the bill was sent to the owner's personal business or residential
address or to the address of the owner's property to which the service
was supplied.
(District code Ch. 5 Art. II § 33.28)
The city's bill for service rendered is due and payable when
received. Each bill shall specify the date it is issued. A bill shall
be delinquent if payment for the entire amount of the bill is not
received by the city by the later of:
A.
The
last day of the service period specified on the bill; or
B.
Twenty-seven
days after the date the bill is issued by the city.
(District code Ch. 5 Art. II §33.29)
A.
A one-time
basic penalty of ten percent of the rate for one month shall be added
to each delinquent bill for the first month the bill is delinquent.
B.
After assessing the basic penalty provided in subsection A of this section, thereafter an additional penalty of one-half percent per month for two months and thereafter one and one-half percent per month shall be added to all delinquent charges and basic penalties remaining unpaid, until the city council requests the city finance director to include the amount of all delinquencies on the bills for taxes levied against the appropriate premises as set forth in Section 13.08.465.
C.
Moneys
paid where any portion of an account is delinquent shall first be
credited to the delinquent portion of the bill and then to the current
billing.
D.
Basic
penalty and additional penalty may be reduced in accordance with criteria
authorized by the city council.
(District code Ch. 5 Art. II §§ 33.30—33.32; Ord. 03-4 § 3)
Delinquent charges remaining unpaid may be recorded as a lien
with the county and, after recordation, shall constitute a lien upon
all real property owned or thereafter acquired by the property owner
in the city. The city shall include a statement to this effect on
its bills to each property owner. The city may from time-to-time compile
lists of such delinquent charges, and record them with the county
recorder as liens.
(District code Ch. 5 Art. II § 33.33)
All rates, charges, penalties and interest which remain delinquent
as of June 30th of each year may be collected in the same manner as
the general taxes for the city for the forthcoming fiscal year, as
follows:
A.
The
city shall prepare a written report, which shall be filed by the city
clerk. The report shall describe each parcel of real property for
which there are any delinquencies in any rates or charges for services
rendered to each parcel during the preceding year, and the amount
of the delinquency. The report of delinquent sewer charges may be
combined with the report of any other delinquent charges, as long
as the report identifies the delinquent charges for each service for
each parcel.
B.
The
city clerk shall publish notice of the report's filing and of the
time and place of hearing on the report, prior to the date set for
the hearing. The notice shall be published at least once a week for
two weeks. The city clerk shall also mail written notice of the report's
filing to each property owner whose property or parcel is identified
as being subject to delinquent charges setting forth individually
each property and each of the services and charges due for that property.
C.
At
the time stated in the notice, the city council shall hear and consider
all objections or protests, if any, to the report concerning the delinquencies.
Thereafter, the city council may adopt, revise, change, reduce or
modify any delinquency or overrule any or all objections thereto.
The city council shall then make its determination on each delinquency
identified in the report; the city council's determination shall be
final.
D.
Following
the city council's hearing, on or before August 10th of each year,
the city clerk shall file with the city finance director a copy of
the report, signed by the city clerk, stating the city council has
adopted the report. The city clerk shall request the city finance
director to include the amount of delinquencies on the bills for taxes
levied against the properties identified in the report.
(District code Ch. 5 Art. II § 33.34)
The manager may adjust or grant rebates from the rates or fees
provided in this chapter in the event of a dispute relating to a charge
to a customer; provided, however, that all parties affected shall
have a right to appeal the manager's determination to the city council
within seven days after receipt of the manager's written decision.
The decision of the city council thereon shall be final and binding
on all parties.
(District code Ch. 5 Art. II § 33.35)
A.
In
the event that any property owner fails to make any payment provided
for in this chapter, the property owner and subject property shall
be in default, and the city may declare the balance, or any remaining
balance, due and pay-able.
B.
In
the event the city is required to bring legal action to enforce any
provision of this chapter. including but not limited to the collection
of delinquent fees, penalties or other charges, the city shall be
entitled to recover its reasonable attorney's fees, interest, court
costs and other costs incurred by the city to bring such action.
(District code Ch. 5 Art. II § 33.36)
