Amador City Municipal Code Art. 8 Permits, Fees and Sewer Service Charges

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance or perform any work on any drainage system without first obtaining a written permit from the city.

(Ord. 147 § 8.01, 2002)

Any person legally entitled to apply for and receive a permit shall make such application on forms provided by the city for that purpose. He or she shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The manager may require plans, specifications or drawings and such other information as he or she may deem necessary.

In the event the applicant for a permit is required to provide plans, specifications or drawings and information as a condition to the issuance of the permit, the applicant shall pay all engineering, legal, administrative and other expenses and charges prior to the issuance of the permit.

If the manager determines, with the advice and consent of the engineer, that the plans, specifications, drawings and other information furnished by the applicant are satisfactory and are in compliance with the ordinances, rule and regulations of the city, he or she shall issue the permit applied for upon payment of the charges herein referred to and of the fees as hereinafter fixed.

(Ord. 147 § 8.02, 2002)

After approval of the application, evidenced by the issuance of a permit, no change shall be made in the location of the sewer, the grade, materials, or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued except with written permission from the city, the manager or other authorized representatives.

(Ord. 147 § 8.03, 2002)

The applicant's signature on an application for any permit as set for in Section 13.04.660, shall constitute an agreement to comply with all of the provisions, terms and requirements of this and other ordinances, rules and regulations of the city, and with the plans and specifications he or she has filed with his or her application, if any, together with such corrections or modifications as may be made or permitted by the city, if any. Such agreement shall be binding upon the applicant and may be altered only by the city upon the written request for the alteration from the applicant.

(Ord. 147 § 8.04, 2002)

There shall be five classes of permits as follows:

A. Single-family residential sewer permit;

B. Trailer court and multiple dwelling sewer permit;

C. Commercial, industrial, church, school, public and other user sewer permit;

D. Public sewer construction permit;

E. Private sewage disposal permit.

(Ord. 147 § 8.05, 2002)

The owner or owners of lands within areas proposed to be annexed to the city shall deposit with the clerk of the city a sum to be fixed by the manager, prior to the commencement of proceedings by the council on the proposed annexation. The amount to be fixed by the manager shall be in a sum estimated to equal the engineering, legal and publication costs and all other charges which may be incurred by the city in preparing and examining maps, legal descriptions, and other documents in relation thereto, and other expenses regularly incurred in connection therewith. Should the amount of the deposit exceed the costs incurred by the city the excess shall be refunded to the owner or owners following the conclusion of the final hearing of the proposed annexation. Should the amount of the deposit be insufficient to pay such costs incurred by the city the owner or owners shall advance such additional sums as shall be necessary to pay the costs prior to the final hearing on the proposed annexation.

(Ord. 147 § 8.06, 2002)

In addition to any other fees and charges established by the ordinances, rules and regulations of the city, there shall be collected, prior to the issuance of a permit for connection to the sanitary sewerage system of the city, such special equalization charges as may be specified by the council in order to establish condition of equality between the installers of downstream sewerage facilities and those benefiting from but not participating in the cost of these facilities.

When special equalization charges are deemed necessary and appropriate by the council, a special benefit zone shall be established which shall define the area of properties that may reasonably be expected to benefit from the construction of specific sewerage facilities which have been or are to be constructed. The boundaries of each special benefit zone and the amount of special equalization charges to be levied therein shall be established by resolution of the council. The amount of the special equalization charges to be levied within a given special benefit zone will generally be determined as follows:

A. Where the sewerage facilities have been financed through special assessment proceedings or a city approved co-operative project, the amount of the special equalization charges shall be the equivalent of the assessment to similar properties within the assessment district or co-operative project area which paid for the facilities.

B. Where the sewerage facilities have been privately financed and the city has entered into a reimbursement agreement with the installer pursuant to Section 13.04.470, the amount of special equalization charges shall be computed by the city based on the cost of installation of the facilities, including all expenses incidental thereto, and all engineering, legal inspection and other charges, and based on the relative benefit derived by properties within the special benefit zone.

(Ord. 147 § 8.07, 2002)

A. Connection fees shall be the sum of four thousand five hundred dollars ($4,500.00) per connection. Hereafter, connection fees may be changed by resolution of the city council.

Additional costs incurred by the city for the services of the city engineer, city planner, city attorney and any additional administrative costs related to the sewer connection shall also be paid by the applicant.

Connection fees may be paid in advance of construction, however, at the end of eighteen (18) months following payment of fee, structure must either be connected and become subject to monthly service charges or fee will remain with the city as a down payment for additional fee on structure during year actually connected.

B. Annual Increase of Connection Charge. As of the month of July of each subsequent year beginning in 2004, the connection fee will be increased by three and one-half percent.

Schedule of Fees

C. Prepayment—Subdivisions. Prepayment of the connection charges required under this article shall be paid to the city before any final subdivision map is approved by the city and before any permit to install sewerage facilities to serve the subdivision is issued. An exception to the requirement for the prepayment at the time of subdivision may be made by the council when, in its judgment, the type of development which will occur within the subdivision cannot be accurately determined for purposes of calculating appropriate connection charges. Whenever such an exception is made by the council, the charges which have been deferred shall be paid prior to the issuance of individual building sewer connection permits at the rates in existence at the time of issuance of the connection permits.

D. Alteration of Use. The connection charges herein established are applicable to the use proposed to be made of the building at the time the connection permit is issued. In the event of alteration of the building or of additional use of the sewer facilities for which the connection charge was originally established, additional charges shall be paid for the added family units as herein defined at the connection charge rate in effect at the time such alterations or additions are made.

E. Credit for Advance Payments. Whenever the connection charges, established in subsection A of this section, have been advanced or prepaid, or whenever any area or connection charges have been advanced or prepaid pursuant to regulations of the city which were previously in effect, persons obtaining permits for new connections shall be entitled to a credit against the connection charges provided herein. Such credit shall be applicable in those instances where the payments have been made to the city and where the actual connections to the sewer facilities of the city have not yet been made as of the effective date of the ordinance codified in this chapter. The credit shall be computed on the same basis and rate as that used at the time of collection but, in no case, shall the amount of such credit exceed the amount of connection charges required to be paid under subsection A of this section.

(Ord. 157 (part), 2003; Ord. 147 § 8.08, 2002)

Sewer permit and inspection fees shall be one hundred fifty dollars ($150.00) and may be changed by resolution.

Prior to construction of connection to city sewers, inspection fees shall be deposited with city. All sewer work outside city streets shall be under a plumbing permit issued by city. All work in city streets shall be in accordance with encroachment provision of Chapter 12.08. All re-inspections charges shall be responsibility of permittee and will be 1.5 times cost billed to city for any re-inspection services.

(Ord. 147 § 8.09, 2002)

A. Sewer Service Rate Charge. Hereafter, sewer service rate charges shall be established by ordinance and a process that is in compliance with the California Constitution Article XIII Section D (also known as "Proposition 218").

Residential Units. All residential rates shall be based on the equivalent single-family residence (ESFR) rate of ninety-one dollars and forty-seven cents ($91.47) and shall be charged as follows:

Commercial Establishments. Charges for commercial establishments shall be determined by first dividing each commercial establishment's average daily amount of water used during the winter months (December, January, February) by the ESFR unit, and then multiplying the quotient by the equivalent single family residential (ESFR) rate of ninety-one dollars and forty-seven cents ($91.47). A commercial establishment shall not be billed less than a single-family dwelling unit rate of ninety-one dollars and forty-seven cents ($91.47). An ESFR unit is determined by the average daily amount of water used during the winter months (December, January, February) by all metered single-family residences divided by the number of residences. The ESFR unit shall be determined by the city sanitation engineer.

(Ord. 157 (part), 2003; Ord. 147 § 8.10, 2002)

(Ord. No. 171, § 1, 9-20-12; Ord. No. 174, 3-17-16; Ord. No. 184, 6-15-23)

A. Collection of Sewer Service Charges. All sewer service charges shall be billed and collected and deposited in a special fund established and maintained for that purpose.

B. Due Date of Charge. All sewer service charges shall become due and payable at the end of each month from the date of connection. Billings shall be made on the first day of the month for the charges due in the preceding month.

C. Persons Responsible. All sewer service charges shall be billed to the person who requested the connection to the city sewer system or his or her successor in interest, or if no such request was made, then to the owner of such premises on the date on which such premises are required to connect to the city sewer system, or to the successor in interest of such person, or to any person requesting that such bill be charge to him or her. It shall be and is made the duty of all owners and users of all premises to inform the city clerk immediately of all circumstances, and of any change or changes in any circumstances, which will in any way affect the applicability of any charge to premises owned or used by him or her or the amount of any such charge. In particular, but not by way of limitation, an owner or user of any premises shall immediately inform the city clerk of any sale or transfer of such premises by or to such owner or user. The owner of the premises is and shall be responsible for payment of any and all sewer service charges applicable to premises owned by him or her.

D. Delinquency Date. Except as otherwise provided elsewhere in this chapter, each sewer service charge shall be delinquent if not paid on or before the thirtieth day immediately following the date upon which such sewer service charge became due and payable.

E. Penalties for Nonpayment. All bills not paid within thirty (30) days after the date the bill was rendered shall be delinquent and a penalty of ten (10) percent of the bill or amount due plus a penalty of not exceeding one-half of one percent per month shall accrue for the period of the nonpayment and be collected as a part of the principal thereof.

F. Enforcement In the event of the failure any person or the owner of the premises to pay when due any sewer service charges applicable to premises owned by him or her, the city may enforce payments of such delinquent charges in any of the following manners:

1. The city may have such premises disconnected from the sanitary sewer system. In the event such a disconnection should create a public health hazard or nuisance, the superintendent or his or her representatives may enter upon the premises for the purpose of doing such things a may be reasonably necessary to alleviate or remove such hazard or menace. The owner of such premises shall have a duty to reimburse the city for all expenses incurred by city in disconnecting any such premises, or in doing other things authorized by this section; and no re-connection shall be made until all such charges are paid.

2. The city clerk may institute action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the city may be collected.

3. As an alternative procedure, the city may provide any and all delinquent payments be placed on the tax roll, and collected with property taxes, as hereinafter provided.

Collection on Tax Roll Procedure. The city may elect to use the tax roll on which general city taxes are collected for the current or delinquent sewer service charges, and in such case proceedings therefor shall be as now or hereafter provided in Article 4, Chapter 6, Part 3, Division 5 of the Health and Safety Code.

4. The city may provide otherwise for the collection of such delinquent charges. All remedies provided for here in for their enforcement and collection are cumulative and may be pursued alternatively or collectively as the city determines. If any remedy is invalid, all valid remedies shall remain effectual.

(Ord. 147 § 8.11, 2002)

Where city is the lead agency or a responsible agency for any project under the state and local guidelines adopted pursuant to the Environmental Quality Act of 1970, the person or persons beneficially interested shall deposit with the city the estimated cost of city preparation of materials, reports and the making of evaluations of the proposed project as estimated by the city engineer. Should the amount of deposit be inadequate to meet the city's costs as lead agency or as a responsible agency involved in providing consultation to the lead agency, as required by law, city shall, prior to completion of the city's evaluation of the proposed project, notify the person or persons beneficially interested of the amount necessary to complete the review of the proposed project which shall be immediately deposited with city. Should there be a surplus remaining in the deposit following completion of the city's evaluation of the project, the surplus shall be returned to the person or persons making such deposit.

(Ord. 147 § 8.12, 2002)

All fees collected on behalf of the city shall be deposited with the proper authority provided by the city to receive such funds.

(Ord. 147 § 8.13, 2002)

All sewer construction work, building sewers and drainage systems shall be inspected by an inspector acting for the city to insure compliance with all requirements of the city. No sewer shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected to the city's public sewer until the work covered by the permit has been completed, inspected and approved by the city inspector. All sewers shall be tested for leakage in the presence of the city inspector and shall be cleaned of all debris accumulated from construction operations. If the test proves satisfactory, the inspector shall issue a certificate of satisfactory completion.

(Ord. 147 § 8.14, 2002)

It shall be the duty of the person doing the work authorized by permit to notify the office of the inspector in writing that the work is ready for inspection. Such notification shall be given no less than twenty-four (24) hours before the work is to be inspected. It shall be the duty of the person doing the work to make sure that the work will stand the tests required by the city before giving the above notification.

(Ord. 147 § 8.15, 2002)

When any work has been inspected and the work condemned and no certification of satisfactory completion given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of the city.

(Ord. 147 § 8.16, 2002)

All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the work.

(Ord. 147 § 8.17, 2002)

Whereas the capacity of the Amador City sewer system is limited and future needs of parcels in the city will require sewer hook-ups. Therefore as of this date the city reserves the use of the sewer facility for parcels located inside the city limits and will deny hook-up applications for those parcels located outside the city limits.

(Ord. 147 § 8.18, 2002)

Where special conditions exist relating to an outside sewer, they shall be the subject of a special contract between the applicant and the city.

(Ord. 147 § 8.19, 2002)

A separate permit must be secured from the county or any other person having jurisdiction there over by owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections.

(Ord. 147 § 8.20, 2002)

The city and its officers, agents and employees shall not be answerable for any liability of injury or death to any person or damage to any property arising during or growing out of the performance of any work by any such applicant. The applicant shall be answerable for, and shall save the city and its officers, agents and employees harmless from any liability imposed by law upon the city or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. Applicant shall be solely liable for any defects in the performance of his or her work or any failure which may develop therein.

(Ord. 147 § 8.21, 2002)

Unless an extension of time is granted by the council, if work under a permit is not commenced and completed within the time specified in the permit, the permit shall become void and no further work shall be done until a new permit shall have been secured.

(Ord. 147 § 8.22, 2002)