This chapter may be cited as the "Sewer Service User Charge
Ordinance."
(3504-10/01)
Pursuant to California Health and Safety Code Section 5470 et
seq., the City is authorized to adopt fees and charges for the acquisition,
construction, reconstruction, maintenance, and operation of sewerage
facilities. This chapter is intended to ensure that sufficient revenues
are collected to adequately acquire, construct, reconstruct, maintain,
and operate the City's needed sewerage facilities. By imposing a charge
that is reasonably related to the burdens imposed upon the sewerage
facilities by sewer service customers, the City will be able to acquire
and/or construct the required capital improvements to the sewerage
facilities, undertake the needed reconstruction and maintenance of
existing sewerage facilities, and operate the sewerage facilities
in accordance with the goals, objectives and policies of the City's
integrated infrastructure management program.
(3504-10/01)
For the purpose of this chapter, the following terms shall be
defined as follows:
shall mean the City of Huntington Beach.
shall mean the Public Works Director or the Director's designee.
shall mean any of the specific use categories that have been listed in this chapter establishing sewer service user rates and charges pursuant to Section 14.54.040.
shall mean the person obligated to pay the sewer service
user charge or other fee(s) established pursuant to this chapter.
shall mean the special fund established pursuant to this
chapter into which all revenues from sewer service user charges will
be deposited.
shall mean the charge imposed on sewer service customers
pursuant to this chapter.
shall mean all sanitary sewer facilities owned or maintained
by the City of Huntington Beach and used for the purpose of collecting
and conveying sewage to the Orange County Sanitation District's treatment
and conveyance facilities.
shall mean any person with a City water utility account.
(3504-10/01, 3795-1/08)
A.
Repair
and maintenance of all sewer mains dedicated to the City shall be
the responsibility of the City.
B.
Except
as provided herein, repair and maintenance of all privately-owned
sewer mains and all lateral lines, equipment and appurtenances connected
to the City sewer mains shall be the responsibility of the owner/user,
and shall meet the requirements contained in Title 12 of this Code.
C.
City
will pay the cost of repair and maintenance of all lateral lines from
the City-owned sewer main through the public right-of-way to the private
property line. The owner is responsible for all costs of repair and
maintenance of all lateral lines on private property not within the
public right-of-way.
D.
The
Public Works Director shall prepare administrative guidelines to implement
the provisions of this section. The guidelines shall include administrative
procedures, application and appeals forms and such other information
that will assist City staff, decision makers, sewer service customers
and the general public to understand how the provisions of this section
are to be implemented.
(3795-1/08)
A.
Pursuant
to California Health & Safety Code Section 5470, et seq., including
Sections 5471 and 5474, the City is authorized to adopt rates and
charges for the acquisition, construction, reconstruction, maintenance,
and operation of a sewerage system. This chapter is intended to ensure
that sufficient revenues are collected to adequately acquire, construct,
reconstruct, maintain, and operate the City's needed sewer facilities.
By imposing a Sewer Service User Charge that is reasonably related
to the burdens imposed upon the sewer facilities by sewer service
customers, the City will be able to acquire and/or construct the required
capital improvements to maintain and improve sewer facilities.
B.
The
City shall impose a Sewer Service User Charge. The Charge shall be
set by a Resolution adopted by a two-thirds vote of the members of
the City Council. The charge shall be imposed monthly and collected
monthly.
C.
The
City Council may include a schedule of adjustments, effective July
1 of each year, for up to five years as part of the Sewer Service
User Charge it may authorize by Resolution. The adjustments may include
an annual percentage adjustment reflecting the increase in the Consumer
Price Index for all Urban Consumers ("CPIU") in Los Angeles, Orange
and Riverside Counties established by the U.S. Bureau of Labor Statistics.
Notice of any adjustment to the Sewer Service User Charge shall be
provided by way of an insert in the monthly City water and sewer bill
at least 30 days before the effective date of the Rate and Surcharge
adjustment.
D.
Pursuant
to Health & Safety Code Section 5472, any person may pay under
protest the Sewer Service User Charge, and bring an action against
the City in the Orange County Superior Court to recover money which
the City refuses to refund. Any protest shall be filed with the City
Clerk no later than prior to or concurrently with the date payment
of the charge is due.
(3504-10/01, 4158-5/18)
A.
The
City hereby establishes a special fund within the City's fiscal system
to be known as the "sewer service fund."
B.
All
revenues from sewer service user charges and any related fees and
charges shall be deposited to the sewer service fund.
C.
The
interest earned on the sewer service fund shall accrue to that account
only.
D.
The
monies in the sewer service fund shall not be transferred, loaned
or otherwise encumbered for any program except the acquisition, construction,
reconstruction, maintenance, and operation of the City's sewer system
or as may be further authorized under state law in accordance with
the provisions of Health and Safety Code Section 5471.
E.
Revenues
derived pursuant to this chapter and placed into the sewer service
fund shall not be used for the acquisition or construction of new
local street sewers or laterals as distinguished from main trunk,
interceptor and outfall sewers or as may be further prohibited under
state law in accordance with the provisions of Health and Safety Code
Section 5471.
(3504-10/01)
A.
The
City Council shall by Resolution set the specific amount of the Sewer
Service User Charges for all water meter customers in the City.
B.
The
Sewer Service User Charge shall be based upon the Customer Category,
and the number of dwelling units or commercial or industrial occupancies
the water meter serves, all as further defined in the Resolution establishing
the Charge. Public schools shall be charged based upon the student
average daily attendance ("ADA"), with separate per student rates
for kindergarten through eighth grade, and for high school. The Sewer
Service User Charge shall not exceed the reasonable cost of providing
the services, facilities or regulatory activity for which the charge
is imposed.
(3504-10/01, 4158-5/18)
The sewer service fund shall be subject to an annual review
and performance audit by the Public Works Commission. The City Council
periodically, at least annually, shall receive at a regularly scheduled
meeting, oral and written presentations as recommended by the Public
Works Commission, concerning fees, rates, and/or charges proposed
to be modified or added to the sewer service user charge. Such public
meeting and oral and written presentations shall be provided prior
to the City Council taking any action on any new or modified sewer
service user charges. At least one such public hearing shall be held
annually, in conjunction with the City's annual budget process and
hearing.
(3504-10/01)
The billing of the sewer service user charge for water customers
of the City shall be made at such time and frequency and such method
as the City Council may deem appropriate by ordinance.
(3504-10/01)
All sewer service user charges, however billed, shall be subject to the payment, collection and enforcement procedures for water billings as set forth in Section 14.12.120.
(3504-10/01)
A.
Exemption Categories. The following water customers shall
be exempt from the requirements of this chapter:
B.
Claim for Exemption Required. Any claim of exemption under
subsection (A)(3) of this section must be filed in the same manner
and will be considered pursuant to the same procedure as for a sewer
service user charge adjustment as provided in Section 14.54.110.
(3504-10/01)
Within 60 days after the effective date of the ordinance enacting
this chapter, the Public Works Director shall prepare administrative
guidelines to implement the provisions of this chapter. The guidelines
shall include administrative procedures, example fee calculations,
application and appeals forms and such other information that will
assist City staff, decision makers, sewer service customers and the
general public to understand how the provisions of this chapter are
to be implemented.
(3504-10/01)
