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 approximately 100 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; Ord. 26-07, 4/6/2025)
As used in this chapter:
"Average flow"
shall mean and is the number of gallons of sewage discharged into the public sewers during a 24-hour period. Average flow refers to flow entering the wastewater collection system during dry weather—when no rainfall derived flow is entering the collection system—generated by residential/commercial/public/etc. sources.
"City Engineer"
shall mean the City Engineer of the City of West Hollywood.
"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.
"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 two times the average (dry weather) flow. "Peak flow" within this chapter refers to peak dry weather 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; Ord. 26-07, 4/6/2025)
The sewer redevelopment program shall be carried out in accordance with a Wastewater Master Plan which is on file in the office of the City Engineer. If compliance with the Wastewater 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 City Engineer so finds, they may grant an exception permitting such alternate construction.
(Prior code § 5302; Ord. 85-50 § 1, 1985; Ord. 26-07, 4/6/2025)
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; Ord. 26-07, 4/6/2025)
The City 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 City 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. All proposed developments or redevelopments within the City's service area must prepare and submit a sewer capacity study. This study will be used by the City Engineer to evaluate the impact of the proposed development/redevelopment on the existing sewer system. Requirements of the sewer capacity study are included in the city's latest Wastewater Master Plan.
(Prior code § 5305; Ord. 85-50 § 1, 1985; Ord. 26-07, 4/6/2025)
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 City Engineer may require on printed forms provided for the purpose.
b. 
Documentation of the average daily (base wastewater) flow factors by the land use type is included in the City's latest Wastewater Master Plan and is incorporated herein by this reference. Any land use type not included in the Wastewater Master Plan shall be classified by the occupancy it most nearly resembles as determined by the City Engineer or computed by the City 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 City's latest Wastewater Master Plan.
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 City Engineer an affidavit or statement pursuant to Civil Procedure Code Section 2015.5, in duplicate, verifying the actual occupancy load prior to May 16, 1985.
(Prior code § 5306; Ord. 85-50 § 1, 1985; Ord. 26-07, 4/6/2025)
The applicant shall declare all information necessary to comply with the provisions of this chapter and shall pay to the City 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 100 gallons per day of additional peak flow. For purposes of this section the peak flow shall be calculated using the average daily flow table included in Ordinance No. 85-50.
(Prior code § 5307; Ord. 85-50 § 1, 1985; Ord. 26-07, 4/6/2025)
a. 
In calculating the additional peak flow for charges payable, it shall be deemed that the existing peak flow is not less than the greater of one of the following:
1. 
300 gallons per day per 1,000 square feet of lot area;
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 City Engineer.
(Prior code § 5308; Ord. 85-50 § 1, 1985; Ord. 26-07, 4/6/2025)
The money collected under Section 15.08.080 shall be deposited with the city treasurer and credited to the West Hollywood Sewer Charge Fund.[1]
(Prior code § 5309; Ord. 85-50 § 1, 1985; Ord. 26-07, 4/6/2025)
[1]
Editor's Note: For establishment of Sewer Charge Fund, see Section 3.04.060 of this code.
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 Government Code Section 66013 of the State of California, or for such other wastewater 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; Ord. 26-07, 4/6/2025)
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 100% of the sewer charges paid by said person, minus 1% 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; Ord. 26-07, 4/6/2025)