(1)
All
persons owning, occupying, or making use of real properties in the
city shall pay just and equitable monthly charges for the services
provided by the use of the sanitary sewer and/or drainage systems
as provided in this section. These charges are to be paid for employment,
use, and benefit offered by the sanitary sewer and drainage systems
of the city and by the MWMC for local and regional sewer services
and facilities.
(2)
Billing
shall be rendered and payable monthly, except for properties without
public water or electric service; these properties shall be billed
annually.
(4)
Each
user shall be notified, at least annually, in conjunction with the
regular bill, of the rate and that portion of the user fees which
are attributable to wastewater treatment services.
(1)
The
sanitary sewer rates specified in this section shall be based on volume
determined as follows:
(a)
By
actual measurement of the sewage discharged based on effluent flow
metered at the expense of the user. (The city may require a user to
install metering and/or sampling equipment when the city determines
that such equipment is essential for proper monitoring of the quantity
and quality of the industrial effluent;
(b)
By
metered water consumption; or
(i)
Actual metered water consumption for sewer user bills rendered in
the months of December through April; and
(ii)
Actual metered water consumption or average metered water consumption
for sewer user bills rendered in the months of May through November;
the average shall be determined by metered water consumption during
the previous months of December through April, whichever is less.
(c)
By
estimated average effluent flow based on measurements taken by the
city.
(2)
If no water consumption figures are available for at least three full months during the period stated in subsection (1)(b)(ii) above;
(3)
Sewer
charges shall be set by resolution of the council;
(4)
Exceptions. Sanitary sewer user fees which cannot be established in accordance with subsection 3 of this section shall be determined by the city manager. Such determinations shall result in sewer user fees which are just and equitable in the context of the remaining charges established by sections 4.206 to 4.212 of this code.
(Section 4.206 amended by Ordinance No. 6128, enacted May 16, 2005)
(1)
All
real property in the city shall be classified and assigned a runoff
coefficient according to the intensity of development set forth below:
(a)
Undeveloped—Real
property which is undeveloped and unaltered by buildings, roads, impervious
surfaces or other physical improvements which change the hydrology
of the property from its natural state. The runoff coefficient for
this development classification is 0.00.
(b)
Light
Development—Developed real property which has impervious surfaces
of less than 20 percent of the total square footage area of the property.
The runoff coefficient for this development classification is 0.40.
(c)
Moderate
Development—Developed real property which has impervious surfaces
ranging from 20 percent through 40 percent of the total square footage
area of the property. The runoff coefficient for this development
classification is 0.50.
(d)
Heavy
Development—Developed real property which has impervious surfaces
ranging from 41 percent through 70 percent of the total square footage
area of the property. The runoff coefficient for this development
classification is 0.75.
(e)
Very
Heavy Development—Developed real property which has impervious
surfaces of more than 70 percent of the total square footage area
of the property. The runoff coefficient for this development classification
is 1.00.
(2)
Monthly
drainage user fees shall be collected from the owner or occupant of
all real property within the city which contributes drainage water
to or which benefits from the function of the drainage system of the
city. Monthly drainage user fees shall be based upon the square footage
and the intensity of development of each property.
(a)
Beginning
July 1, 1995, monthly drainage user fees shall be determined as follows:
(b)
The
city may reclassify an individual parcel of property to a lower classification
of intensity of development than would be indicated by subsection
(1) if hydrologic data submitted by the property owner or his or her
agent demonstrates a hydrologic response substantially similar to
that of a parcel of property of such lower classification.
(1)
Any
user may request the city manager to adjust the monthly user fee based
on:
(2)
The
city manager will review water consumption records and/or the basis
of user classification to determine any credit or refund due.
(a)
Adjustments
shall be limited to 12 months preceding the date of the request.
(b)
Volume
of discharge to the sanitary sewer system shall be the basis of determining
the amount of sanitary sewer user credit or refund due.
(c)
Upon
request, adjustments will be made to accounts with a water meter lockout
for a continuous period of 60 days or longer. If the user does not
have their own water meter or has a private well, an electric meter
lockout can be used in lieu of a water meter lockout.
(1)
Any user not satisfied with the results of the request for an adjustment of sanitary sewer and drainage user fees made under section 4.210 may appeal to the city manager for a refund, credit and/or a change in the basis of assessing user fees.
(a)
An
appeal must be filed on the form provided by the city.
(b)
The
city manager shall investigate the appeal and certify a reduction,
if any, in the applicant’s sanitary sewer and drainage sewer
user fees and the conditions and duration of the reduction. The costs
defined in subsection (1)(b)(i) and (ii) to investigate the appeal
authorized by this section and any conditions required by the city
manager shall be borne by the appellant. The city manager’s
decision regarding an appeal shall be final.
(i)
Cost to collect and analyze wastewater samples for BOD and suspended
solids.
(ii)
Cost to measure volume of wastewater discharge.
(iii)
The applicant can provide this information described in subsection
(1)(b)(i) and (ii) directly, provided that the work is accomplished
by a qualified wastewater testing laboratory.
(2)
Owners and/or occupants can appeal their intensity of development classification to the city manager in accordance with section 4.208(2)(b), or for any other reason. The city will measure the impervious area and consider on-site facilities which limit or reduce drainage flows. Based on this review, a new intensity of use classification may be assigned. The new classification may be higher or lower than the initially assigned value. The property owner/occupant will be required to retroactively pay for a period not to exceed twelve months any increase in fees which may result from the applicant’s request for an adjustment. If the review results in a lower monthly fee, the City will provide a refund or a credit for a period not to exceed twelve months.
Any new user shall pay charges starting from the date of connection,
or of responsibility to connect. Provided, however, that such beginning
charges will be prorated based upon the number of days in the billing
cycle.
All sewer charges required to be paid by the preceding sections
shall be payable when billed and in the event the same are not paid
in full within the current credit policies of the Springfield Utility
Board they shall be considered delinquent at that time.
(1)
Sanitary
sewer user fees called by this article shall be charged to any person
erecting or maintaining a drain for the discharge of sewage to a collector
sewer.
(2)
Account
or person billed for sanitary sewer and drainage services.
(a)
Single
family dwelling—sanitary sewer and drainage sewer user fees
may be billed to either a Springfield Utility Board water or electric
account.
(b)
Undeveloped
properties are liable only for drainage service charges. Property
owners are billed annually by the city.
(c)
All
other real property users except federal, state and city owned property:
(3)
The
city may contract with the Springfield Utility Board or any other
public or private agency for billing and collection services.
(4)
Except
for federal, state and city property, all real property within the
city shall be liable for the user charges called for in this ordinance.
(5)
All
charges due which are not paid or which cannot be conveniently assessed
to the occupant or manager of said property shall be paid by the property
owner as a user of the system or payment shall be otherwise secured
by security acceptable to the city manager.
(Section 4.218 amended by Ordinance No. 6255, enacted May 17, 2010)
(1)
The
Springfield Utility Board is designated as the agent of the city to
bill sanitary sewer and drainage charges to the user or owner for
payment thereof. Payments of any and all sewer charges so billed may
be made to the Springfield Utility Board at the board’s offices
in the city.
(2)
The
Springfield Utility Board shall be responsible to the city for the
collection of and accounting for only such charges as may be paid
upon billing except as hereinafter provided. The funds so received
shall be remitted to the Department of Finance of the city monthly.
An itemized audit shall be submitted to the Department of Finance
semi-annually within ten days after the completion of the first half
and the second half of the calendar year. The city shall pay to the
Utility Board such sums for the service of collection as may be agreed
upon by the city and the Utility Board.
(3)
In the
billing of such charges, the same may be billed along with charges
for electric and water service, and as a part thereof. In the event
of payment by a user of less than the full amount billed for all services,
electric, water and sewer, the amount received by the Utility Board
shall be applied proportionately to sewer, water and electric accounts
in the same proportion as the billing for each respective utility
service bears to total billings, unless specifically designated in
writing by the customer or user for application on electric, water
or sewer charges specifically.
(4)
To enforce
collection of such charges, and as an additional remedy to all other
provisions of this code, or of state statutes, the Springfield Utility
Board is authorized to disconnect electric and water service of both,
to any user delinquent in the payment of sewer user charges or fees
until such delinquent charges or fees are paid and further, to charge
and assess the usual charge and fee for the disconnection and reconnection
upon payment.
(5)
Without
limiting the foregoing, the city shall have the power to and may proceed
to collect delinquent charges in any other manner provided by law
including but not limited to the certification thereof to the assessor
of Lane County for collection in the manner provided by ORS 454.225
(referring to use and charges for service) or to file an action in
Small Claims Court. In the event of collection by such means, there
shall be added to the delinquent charge a penalty of 50 percent thereof.
(6)
The
Springfield Utility Board shall refuse electric and water service
or both to any user and/or property owing any delinquent sewer user
charge, as well as for delinquent electric and water charges.
(1)
The city shall maintain the funds collected and received from the
Springfield Utility Board in accordance with the preceding section
in a separate fund or program, which shall be disbursed only for the
purposes set forth in this section.
(3)
The separate fund or program to be so maintained shall be used for
any or all of the following purposes:
(a)
Payment of obligations and charges incurred for and in operation
and maintenance of the sewerage system and sewage disposal system
of the city and for regional sewerage service, provided, that from
revenues derived from any increases in sewer user charge rates imposed
after November 3, 1980, payment may be made for system extensions.
Nothing herein shall prevent the accumulation of funds for operation,
maintenance, or extensions if appropriate, in order to fund such activities
which may require greater resources than may be accumulated from revenues
in said fund for such purposes, in any one year.
(Ord. No. 6457, 5/15/2023)
The liability of any person for unpaid sewer fees charged to
him or her under code or ordinance provisions of the city that have
subsequently been repealed shall not be affected by the repeal of
the provisions, nor shall the irrevocable pledge of net revenues for
the previously issued sewage disposal plant and trunk sewer bonds
be affected by the repeal. The liability shall continue as if the
provisions had not been repealed.
