Most sewers in the city of Monterey Park were constructed many
years ago and were designed to serve residential properties. Due to
the increasing population density within the city, the erection of
many multifamily dwelling units and growth of the commercial and industrial
areas, the city sewage system is no longer adequate to accommodate
the increased volume of sewage generated by such developments. The
purpose of this chapter is to establish a means of providing adequate
sewers required by development in the city and to establish a charge
to be collected from all the properties that propose to discharge,
to the public sewer, quantities of sewage in excess of the quantity
for which the existing sewage system was designed, and to establish
a fund into which these charges may be deposited and from which moneys
will be available for the sanitary sewer reconstruction program.
(Ord. 1554 § 1, 1981)
For the purpose of this chapter, the following words and phrases
shall have the meanings set forth in this section:
"Floor area"
means the area included within the exterior walls of a building
or portion thereof, exclusive of open vent shafts and courts.
"Owner"
means an individual human being, firm, partnership, corporation,
organization or anyone having an interest in any lot or parcel of
land in the city of Monterey Park.
"Peak flow"
means the instantaneous maximum rate of flow of sewage to
be discharged to the sewer and shall be as provided herein.
"Public sewer"
means the main line public sanitary sewer, excepting therefrom
sewers under the jurisdiction of a public entity other than the city
of Monterey Park.
"Sewer system master plan"
means the sewer system master plan for the city of Monterey
Park approved by the city council, which establishes various districts
within the city and contains a map of such districts showing the deficient
public sewers.
(Ord. 1554 § 1, 1981)
No person shall erect, construct, enlarge, or alter any building
or structure or cause the same to be done without first having complied
with the provisions of this chapter.
(Ord. 1554 § 1, 1981)
No building permit shall be issued for any development or redevelopment
within any district identified in the sewer system master plan as
containing a sewer system deficiency until fees required by this chapter
have been paid.
(Ord. 1554 § 1, 1981)
The applicant for a permit to build in the city shall pay, at the time of issuance of a building permit, a fee based on the anticipated additional peak flow created by the new construction at the rate as established by the city council and adopted by resolution, less any credit which might be allowed as provided in Section
14.06.070.
(Ord. 1554 § 1, 1981; Ord. 1724 § 1, 1987)
In calculating the chargeable peak flow of sewage, each lot
shall be given a credit of six hundred gallons per day per five thousand
square feet of lot area. The amount of peak sewage generated by any
existing facilities on the lot shall be deducted from this credit.
This credit shall not be applied more than once to the same lot, except
when the building on the lot has been demolished.
(Ord. 1554 § 1, 1981)
Fees collected pursuant to this chapter shall be deposited in a separate fund to be designated as the sewer reconstruction fund. These funds may be used only for the construction, reconstruction and repair of deficient portions of the sewer system as identified in the sewer system master plan. All engineering costs, refunds as provided in Section
14.06.090, overhead, incidentals, and construction costs necessarily incurred in the reconstruction of sewers shall be charged to the fund.
(Ord. 1554 § 1, 1981)
If any person shall have paid the applicable sewer charge based
on the anticipated additional peak flow created by the new construction
as provided herein and no portion of the new construction shall have
been commenced and the permit for such construction shall have been
canceled or expired, that person shall be entitled, upon written request,
to a refund in an amount equal to one hundred percent of the sewer
charges paid minus one percent of said charge. However, the amount
retained shall not be less than ten dollars nor more than one hundred
dollars.
(Ord. 1554 § 1, 1981)