Alturas Municipal Code Ch. 21 Sewers and Sewage Disposal

Footnotes:

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1. For state law authorizing city to regulate construction, etc., of sewers, see Gov. C., § 38660. See also Gov. C., §§ 38900 and 39000 et seq. As to sewers generally, see H. & S.C., § 4600 et seq. As to plumbing, see ch. 18 of this Code. As to sewage disposal in new subdivisions, see § 23-23.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Apartment. A room, or suite of rooms, occupied by one family doing its cooking therein.

Automobile camp. Land or premises used for occupancy by campers traveling by automobile or otherwise, or for occupancy by trailers, tents or movable or temporary dwellings, rooms or sleeping quarters of any kind.

Automobile court. A group of two or more detached or semidetached buildings, containing guest rooms or apartments with automobile storage space, serving such rooms or apartments provided in connection therewith, or without such automobile storage space, which group is used primar-ily for the accommodation of automobile travelers; including such groups designated as auto cabin, motor lodge, motel or by similar designations.

Club. An association primarily organized for some common, nonprofit purpose; including lodges and fraternal orders, but not including groups organized primarily to render a service which is customarily carried on as a business.

Domestic sewage. Waste containing human or animal excreta, other than industrial waste.

Dwelling group. A group or row of detached or semi-detached dwellings occupying a parcel of land in one ownership and having a yard or court in common, including bungalow courts, but not including automobile courts.

Industrial plant. A plant or works producing waste material, other than domestic sewage.

Industrial waste. Liquid or solids contained within a liquid, other than domestic sewage.

Multiple dwelling. A building occupied by three or more families, each living independently as a separate housekeeping unit, including apartment houses, apartment hotels and flats.

One-family dwelling. A detached building containing only one kitchen and occupied by one family exclusively.

Premises. A lot, parcel of land, building or establishment.

Sewage. A combination of liquid or water carried human waste conducted away from residences, business buildings and institutions, which is known as domestic sewage, together with the liquid or water carried waste resulting from a manufacturing process employed in industrial establishments, including the washing, cleaning or drain water from such process or establishment, which is known as industrial waste.

Two-family dwelling. A building occupied by two families exclusively, living independently of each other.

(Ord. No. 235, § 1.)

Every person owning, controlling or occupying land on which is constructed any structure occupied by people as a dwelling, or in which sewerage facilities are required, shall construct a house lateral connecting such structure with the public sewers within thirty days after having been notified to do so by the city council; provided, that such structure shall be located on land abutting any public street, alley or sewer right-of-way in which there is a public sewer which shall be within five hundred feet thereof as measured along any street, alley or sewer right-of-way.

(Ord. No. 163, § 1.)

No person shall maintain any septic tank, cesspool or privy vault on any land owned, controlled or occupied by him abutting on any public street, alley or sewer right-of- way in which there is a public sewer or which is within five hundred feet, measured along such public street, alley or sewer right-of-way, of a public sewer for more than thirty days after having been ordered to connect to the public sewer by the city council.

(Ord. No. 163, § 2.)

(a) Each person having, or who in the future shall have, a one-family dwelling with a sewer connection connecting with the sewer system of the city is hereby granted a permit to discharge domestic sewage from such one-family dwelling. All other persons owning or occupying any other premises in the city which is now served, or which in the future shall require service, by a connection with the city sewer system, whereby domestic sewage or industrial wastes, or both, are disposed of by the city, shall obtain from the director of public works or his authorized representative, a permit to discharge such sewage or industrial waste.

(b) Application for a permit to discharge domestic sewage or industrial waste shall be in writing and shall contain, among other things, the following information:

(1) The name and address of the applicant.

(2) The proposed location of connection.

(3) The character of waste or sewage proposed to be discharged.

(4) Other information that may be deemed to be necessary by the director of public works.

(c) In the event that the director of public works finds and determines: (1) that such wastes will not result in damage to the sewer system; (2) that the pipeline in which the connection has discharged, or is to discharge, has efficient capacity for the disposition of these wastes; then the director of public works shall issue a permit to the applicant as requested.

(Ord. No. 235, § 3.)

Every person to whom a permit shall have been granted for the disposition of domestic sewage or industrial waste into the sewer system of the city shall pay to the city as rental for the use of such facilities a monthly sewer rental as designated by resolution of the Alturas city council.

Domestic:

For each single residence, three dollars.

For each two-family dwelling, six dollars.

For each multiple-family dwelling, three dollars per unit to three units, over three units, twenty dollars, flat rate.

Commercial:

For each restaurant, ten dollars.

For each butcher shop or grocery store, eight dollars.

For each service station or garage, eight dollars.

For each industrial plant, twenty dollars.

For each soda fountain or bar, six dollars.

For each locker and refrigerating plant, eight dollars.

For each hotel, motel and trailer space:

4—9 rooms, one dollar per room.

10—14 rooms, twenty dollars, flat rate.

15—19 rooms, twenty-five dollars, flat rate.

20—30 rooms, fifty dollars, flat rate.

Over 30 rooms, fifty dollars, flat rate.

For all other businesses, four dollars.

Miscellaneous:

For each public building including state or federal:

Forest Service, twenty dollars.

California Highway Patrol, eight dollars.

Division of Forestry, twelve dollars.

Post Office, eight dollars.

High School, twenty-five dollars.

Grammer School, twenty-five dollars.

Laundry and Cleaners, eight dollars.

Junior High, twenty-five dollars.

Laundromat, one dollar per machine or ten dollars, flat rate.

Outside City limits:

Single Residence, five dollars.

Trailer Park, two dollars per unit.

Forest Service, twenty dollars.

Convalescent Home, fifty dollars.

Alturas Gardens, two dollars per unit.

Persons conducting more than one line of business in the same building so arranged that the same practically comprises one department to another, shall be considered as one business and shall pay the sewer rental rate that applies to the business carried on therein that is required to pay the highest rate.

For places of worship, charitable organizations, libraries and city and county establishments, there shall be no charge for sewage disposal.

(Ord. No. 235, § 4; Reso. 8-13-62; Reso. No. 78-5; Ord. No. 461, § 2.)

The director of public works may, from time to time, submit to the city council for its consideration, or the city council may instruct the director of public works to submit changes, additions or amendments to the rate schedule set forth in section 21-7 or that may hereafter be adopted, as may be considered necessary or desirable. After considering such changes, additions or amendments, the city council may change the rate schedule by a resolution adopted by the city council at any regular or regularly adjourned meeting and such resolution, when adopted, shall be published once in the official newspaper. The changes in rates shall become effective on the first day of the month following the publication.

(Ord. No. 235, § 5.)

(a) Sewage rentals specified in this chapter, shall be charged, collected and enforced in the same manner, at the same time and by the same person as are the charges for water furnished by the city, and the amount thereof shall be included in the total amount due for water. All provisions of the City Code applicable to the charge, collection and enforcement of rates for water furnished by the city are hereby made applicable to this chapter.

(b) In event of any person neglecting, failing or refusing to pay the rental charges established by or pursuant to this chapter, by the tenth day of the month following the month for which sewage rental charges are due, or in event of any person neglecting, failing or refusing to comply with any applicable provision of this chapter, or rule or regulation of the city or any duly authorized requirement of the director of public works, the director of public works shall cause the water service to be discontinued by the disconnection of the connection of the premises of the person to the city water system.

(c) In event of the disconnection of any water service because of failure of the person affected by such disconnection to pay the sewage rental charges, such person shall pay to the city a charge of twenty dollars in addition to any sewer rental charges due before the premises of such person shall be again connected with the water system and served with city water.

(Ord. No. 235, § 6; Ord. No. 461, § 3.)

No connections shall be made to any public sewer or house lateral for the purpose of conducting any storm water, or any surface or underground drainage into the sewer, and no person shall discharge into any public sewer or house lateral any leader pipe from a roof, surface drain, underground drain or any solid or liquid waste other than the sewage composed of the ordinary liquid wastes of residences, business buildings and institutions, from baths, toilets, laundries, wash tubs, sinks and floor drains.

(Ord. No. 163, § 2.)

Any person who shall be dissatisfied with the action of the director of public works in denying a permit or granting a permit wherein conditions are imposed or in modifying or revoking a permit, or with any other order of the director of public works in which such person may be affected, may, within thirty days from the date of such action on the part of the director of public works, appeal to the city council by giving notice thereof to the director of public works and to the city clerk. In event of such appeal, the director of public works shall transfer to the city council a report setting forth the reason for denying the permit, requiring a change therein, imposing conditions prior to granting the same, modifying or revoking the permit, or the reason for any other order made by the director of public works affecting the person appealing.

The city council shall have full power to review any action on the part of the director of public works, or any order made by him, and the determination of the city council shall be final.

(Ord. No. 235, § 8.)

The following regulations shall govern the operation, maintenance, and expansion of the city's sanitary sewer system.

(a) All maintenance of sewer main lines shall be the responsibility of the city. Service lines shall be maintained by the customer.

(b) Sewer main extension costs shall be the responsibility of the party requesting the service.

(c) All sewer main extensions shall be designed by a California registered engineer in accordance with city standards and requirements, and shall be approved by the city engineer and the state of California.

(d) All construction of sewer mains and services to the right-of-way line shall be in accordance with the approved design drawings and specifications, and shall be inspected and approved by the city engineer or his designated representative.

(e) All sewer mains shall be situated within a right-of-way or easement acceptable to the city. Any approval granted may be conditioned on the developer providing acceptable right-of-way to the city.

(f) Upon completion of construction and approval by the city, all sewer main extensions shall become the property of the city.

(g) Any rebates to the party who extends sewer mains shall be governed by the city's rebate policy.

(h) Sewer mains shall be extended across the total street frontage of the property being developed unless otherwise determined by the city.

(i) An inspection fee of two percent of the construction cost or one hundred dollars, whichever is more, as estimated by the city engineer or his representative, shall be paid by the developer to the city prior to commencing construction.

(j) Sewer service when capacity is limited and permits are pending, shall be provided to customers in accordance with the following priority, with the first listed having most priority and last listed having least priority:

(1) Existing uses within the city limits;

(2) Existing uses outside the city limits;

(3) Existing property with service lines inside the city limits;

(4) Existing property with service lines outside the city limits;

(5) Future development within the city limits;

(6) Future development outside the city limits.

(k) All sanitary sewer service lines to be abandoned shall be plugged at the right-of-way line with non-shrinking grout by the property owner and inspected by the city prior to covering. Costs for plugging the service line shall be borne by the property owner.

(l) The minimum size of sewer main constructed to be a part of the city's sanitary sewer system shall be eight inches in diameter or the size necessary to provide the flow required by the development, whichever is larger, unless otherwise approved by the city engineer.

(m) The city may require sewer main oversizing. Sewer main pipe material oversizing costs for oversizing sewer mains per the requirement of the city shall be paid by the city.

(n) The property owner requesting sanitary sewer service is responsible to furnish all material and hire a city-approved contractor to construct the necessary sewer line within the city's right-of-way and pay all costs for construction to city specifications. No construction shall commence until the property owner files with the city a completed application and deposits with the city a non- refundable connection fee in accordance with fee schedule adopted by resolution of the city council.

(o) All construction within city right-of-way or on city facilities shall be completed by a qualified California licensed contractor who carries a general policy of public liability insurance in the amount of one million dollars. The city of Alturas shall be named as co-insured, and any such policy shall contain a provision requiring the city to be notified in writing at least thirty days prior to expiration or termination of said policy.

(p) All construction within the city's right-of-way shall be warranted for a period of one year following final acceptance by the city and the property owner of the property being served shall be responsible for deficiencies identified during the one-year warranty period.

(q) A completed connection application and connection fee shall be submitted, and a permit issued a minimum of forty-eight hours prior to commencing any excavation, and the city shall be notified a minimum of forty-eight hours prior to commencing any excavation.

(Ord. No. 400, § 4.)

The following regulations shall govern rebates to developers for water and sanitary sewer improvements:

(a) Rebates shall be based on a frontage foot basis.

(b) Cost of improvement shall be divided by the length to determine a per-foot cost.

(c) The per-foot cost shall be shared equally by the properties on opposite sides of the improvement.

(d) Special construction required to serve the development (i.e. highway borings, canal crossings, etc.) which occurs beyond a property shall not be included in that property's assessment. A property shall only be assessed for those costs of the facility that serves the property.

(e) Per-foot costs shall be determined by the city engineer, based on the documented costs of the developer and reasonable costs for similar projects in the area.

(f) The developer shall submit to the city all cost records and a request to receive rebates within sixty calendar days of the city accepting the newly constructed facility. The developer shall, within said period, record an appropriate notice, on a form to be furnished by the city, containing a legal description of the property potentially liable to pay a rebate, and shall further send a copy of said notice to the owners of record of said properties as they appear on the latest equalized assessment roll. Proof of recordation and service shall be furnished to the city clerk no later than ten days after expiration of the sixty-day period.

(g) Rebates shall only be paid to the developer by users who get service directly from the facility.

(h) Extension, longitudinally and laterally, of a facility shall not required the payment of a rebate.

(i) Corner properties shall pay a rebate based on the longest side of the property adjoining the facility.

(j) The city shall establish a record-keeping procedure to monitor and collect rebate charges from users.

(k) All rebates shall be paid in full to the city prior to service being provided to the one owing the rebate.

(l) All costs for administering rebates shall be paid from the rebates prior to disbursement to the developer.

(m) Rebates less expenses shall be paid to the developer of a facility for a period of five years after the city's acceptance of the improvements. After said five year period, all rebate requirements of a facility shall be null and void.

(n) Collected rebate funds unclaimed within sixty calendar days shall be placed in an interest-bearing account.

(o) Transfer or assignment of the right to a rebate shall be by letter, signed by the developer and notarized, and filed with the city.

(p) It shall be the rebate recipient's responsibility to maintain his/her current address on file with the city.

(q) If the rebate is not claimed within six months after the end of the five-year rebate period, all remaining funds shall be placed in the appropriate facility expansion fund.

(Ord. No. 400, § 5.)