The need for relief sewers in the city is due to the changing
pattern of land use and the erection of many multi-story buildings.
Many of the existing sewers in the city were constructed some sixty
years ago and are no longer adequate to accommodate the increased
flow of sewage from the areas being redeveloped. The overload in the
sewers is directly attributable to the volume of sewage generated
and discharged by the larger buildings to the system. The purpose
of this chapter is to establish a means of providing adequate sewers
which are required for the redevelopment of the city; to establish
a charge to be collected from the owners of properties that propose
to discharge, to the public sewer, quantities of sewage in excess
of the quantity for which the system was designed; and to establish
a fund in which these charges may be deposited and from which moneys
will be available for the sanitary sewer construction program.
(Prior code § 5300; Ord. 85-50 § 1, 1985)
As used in this chapter:
"Average flow"
shall mean and is the number of gallons of sewage discharged
into the public sewers during a twenty-four-hour period.
"Council"
shall mean the City Council of the City of West Hollywood.
"County"
shall mean the County of Los Angeles of the State of California.
"County Engineer"
shall mean the County Engineer of the County of Los Angeles,
or deputy, agent or representative.
"Floor area"
shall mean and is the area included within the surrounding
walls of a building, or portions thereof, exclusive of vent shafts
and courts.
"Lot"
shall mean any piece or parcel of land bounded, described
or shown upon a map, plat or deed recorded in the office of the County
Recorder, or shown as a separate parcel on the last equalized assessment
roll which conforms to the boundaries of such lot as shown upon such
recorded map, plat or deed or roll; provided, however, that in the
event any building or structure or intended use covers more area than
a lot as herein defined, the term "lot" shall include all such pieces
or parcels of land upon which said building or structure or intended
use is wholly or partly located, together with the yards, courts and
other unoccupied spaces legally required for the building or structure.
"Owner"
shall mean an individual human being, a firm, partnership,
corporation, organization or anyone having an interest in any lot
or parcel of land in the district.
"Peak flow"
shall mean and is the instantaneous maximum rate of flow
of sewage being discharged to the sewer and shall for the purpose
of this chapter be determined at three times the average flow.
"Public sewers"
shall mean the main-line public sanitary sewer, excepting
herefrom sewers under the jurisdiction of a public entity other than
the City of West Hollywood.
(Prior code § 5301; Ord. 85-50 § 1, 1985)
The sewer redevelopment program shall be carried out basically
in accordance with a master plan which is on file in the office of
the County Engineer. If compliance with the Master Plan is impossible
or impractical because of peculiar conditions and the purposes of
this chapter may be accomplished and the public health and safety
assured by an alternate construction, and the County Engineer so finds,
he or she may grant an exception permitting such alternate construction.
(Prior code § 5302; Ord. 85-50 § 1, 1985)
The County Engineer shall enforce and administer all the provisions
of this chapter.
(Prior code § 5303; Ord. 85-50 § 1, 1985)
A person shall not, within the city, 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.
(Prior code § 5304; Ord. 85-50 § 1, 1985)
The County Engineer shall determine what capacity is necessary
in each public sewer to provide for the proper collection of sewage
in the city. In the event a lot in the city is to undergo development
or redevelopment, and the anticipated sewage from the proposed use
is found by the County Engineer to exceed the capacity available in
the public sewer, the building permit for such development or redevelopment
shall not be issued until such time as capacity in the public sewer
is available or can be made available before the building is occupied.
(Prior code § 5305; Ord. 85-50 § 1, 1985)
a. The
size and grade of each public sewer must be such as to provide at
all times sufficient capacity for peak-flow rates of discharge. In
order to establish estimates of sanitary sewage at peak flow, the
owner shall submit building plans and such other information as the
County Engineer may require on printed forms provided for the purpose.
b. Average Daily Flow.
1. The
following table is established as a basis for computing the average
daily flow to the sanitary sewer.
Occupancy
|
Average Daily Flow
|
---|
Apartment
|
200 gal./daily flow
|
Assembly areas
|
5 gal./person
|
Auditorium
|
5 gal./seat
|
Automobile wash (automatic)
|
30 gal./automobile
|
Bars and cocktail lounges
|
20 gal./seat
|
Hospitals
|
500 gal./bed
|
Hotels
|
200 gal./room
|
Laundry, automatic (public)
|
75 gal./machine
|
Medical office
|
300 gal./1,000 sq. ft. floor area
|
Motels
|
200 gal./unit
|
Office
|
200 gal./1,000 sq. ft. floor area
|
Restaurant
|
50 gal./seat
|
Schools
|
|
Elementary
|
9 gal./capita
|
Others
|
25 gal./capita
|
Stand, for sale of lunches, ice cream, beverages and similar
items
|
300 gal./1,000 sq. ft. floor area
|
Storage garages and warehouses
|
25 gal./1,000 sq. ft. floor area
|
Stores, commercial and display
|
100 gal./1,000 sq. ft. floor area
|
2. All
others shall be classified by the occupancy it most nearly resembles
as determined by the County Engineer or computed by the County Engineer
in accordance with the anticipated use.
c. The
daily flow to the sanitary sewer for a building containing mixed occupancies
shall be determined by adding the peak-flow characteristics of the
various occupancies as set forth in the above table.
d. The
daily flow from a room or building which is used for different occupancies
at different times shall be determined by the occupancy which gives
the largest peak flow.
e. In
the event that an area of occupancy in use prior to May 16, 1985 is
to undergo structural renovations and such renovations shall not increase
the peak flow as it existed from the lot immediately prior to May
16, 1985 to the sanitary sewer, the owner shall submit to the County
Engineer an affidavit or statement pursuant to Section 2015.5 of the
Code of Civil Procedure, in duplicate, verifying the actual occupancy
load prior to May 16, 1985.
(Prior code § 5306; Ord. 85-50 § 1, 1985)
The applicant shall declare all information necessary to comply
with the provisions of this chapter and shall pay to the County Engineer
at the time of issuance of a permit, a charge based on the additional
peak flow created by the new construction or change in occupancy equal
to the sum of $31 per one hundred gallons per day of additional peak
flow.
(Prior code § 5307; Ord. 85-50 § 1, 1985)
a. In
calculating the additional peak flow, it shall be deemed that the
existing peak flow is not less than the greater of one of the following:
2.
The existing peak flow from a lot as of May 16, 1985, calculated as provided in Section
15.08.070.
b. Credit Limitations.
1. Except
as provided herein, this credit shall not be applied more than once
to the same lot.
2. Exceptions.
(a) If all existing buildings on the lot have been demolished or removed, the lot shall be credited with the entire amount credited pursuant to subsection
(a) of this section.
(b) If the peak flow from the existing buildings on the lot, calculated pursuant to Section
15.08.070 is less than the peak flow credited pursuant to subsection
(a) of this section, the lot shall be credited with the difference.
(c) In the event of a change of occupancy or new construction results in an increase in the peak flow to the public sewer, the lot shall be credited with the peak flow from the existing occupancy and the charge collected for the additional peak flow. All computations for peak flow shall be made in accordance with the provisions of Section
15.08.070.
(d) If the construction or change of occupancy for which a charge is paid, pursuant to Section
15.08.080, is not completed or made and no refund is made, then the payment of such charge in addition to the credit allowed for existing peak flow shall constitute and remain as a credit for peak flow to the lot to be applied to any subsequent development on the lot, based on the information declared by the applicant on the form entitled "Computations for Sewer Service and Facilities" that is on file with the County Engineer.
(Prior code § 5308; Ord. 85-50 § 1, 1985)
The money collected under Section
15.08.070 shall be deposited with the City Treasurer and credited to the West Hollywood Sewer Charge Fund.
(Prior code § 5309; Ord. 85-50 § 1, 1985)
Money deposited in the West Hollywood Sewer Charge Fund as provided in Section
15.08.100 may be expended by the Council to accomplish any lawful purpose as stated in this section and as set forth in Section 5471 of the
Health and Safety Code of the State of California, or for such other sewer purpose that the Council may lawfully authorize. All engineering costs, mileage, overhead and construction costs necessarily incurred in the construction of relief sewers shall be charged to the fund, to the extent allowed by law and as provided in Section
15.08.120 of this chapter.
(Prior code § 5310; Ord. 85-50 § 1, 1985)
In the event any person shall have paid the applicable sewer
charge based on the additional peak flow created by the new construction,
as provided in this chapter, and no portion of the new construction
shall have been commenced and the permit for such construction shall
have been canceled or expired, upon application therefor said person
shall be entitled to a refund in an amount equal to one hundred percent
of the sewer charges paid by said person, minus one percent of said
charge; however, the amount retained shall not be less than $10 nor
more than $100 if said person includes a request for such refund in
the application for a refund.
(Prior code § 5311; Ord. 85-50 § 1, 1985)