Chapter 10.12 — SANITATION CHARGES

Sections:

10.12.010 Definition of sanitation charges.

10.12.020 City Council to set sanitation charges.

10.12.030 Public utilities department to collect charges.

10.12.040 Sanitation fund.

10.12.050 Manner of billing and collection of charges—Deposit may be required.

10.12.055 Disputed sanitation bills.

10.12.060 Failure to pay charges—Suspension of service.

10.12.065 Adjustment of errors in sanitation bills.

10.12.070 Sewer connection charges—Areas annexed or to be annexed.

10.12.080 Sewer construction and reconstruction fund.

10.12.085 Sewer impact and improvement fee (Central City Area).

10.12.090 Sewer impact and improvement fee (West City Area).

10.12.095 Sewer impact and improvement fee (East City Area).

For purposes of this chapter, the term "Sanitation Charge" shall include any fees and charges levied for solid waste collection, maintenance of the wastewater collection and disposal system, and street cleaning services as established by this Code or by resolution of the City Council. (Ord. 3907 § 3 (part); September 5, 1979: Ord. 5469 § 2 (part); December 13, 1994: Ord. 5489 § 1; April 18, 1995.)

The City Council shall establish by resolution all sanitation charges which are billed and collected by the City of Anaheim for residential, commercial and industrial establishments. (Ord. 3907 § 3 (part); September 5, 1979: Ord. 5469 § 2 (part); December 13, 1994.)

It shall be the duty of the Public Utilities Department of the City to collect all sanitation charges. (Ord. 3907 § 3 (part); September 5, 1979: Ord. 5469 § 2 (part); December 13, 1994.)

There is hereby created a fund which shall be known as the Sanitation Fund. All money collected pursuant to the charges fixed by the City Council for use of the City's sanitation services, including solid waste collection, maintenance of the wastewater collection and disposal system, and street cleaning shall be placed in said fund. Said fund shall be used only for such purposes as are permitted by law. (Ord. 3907 § 3 (part); September 5, 1979: Ord. 5469 § 2 (part); December 13, 1994: Ord. 5489 § 2; April 18, 1995.)

.010 The sanitation charges fixed for any premises furnished with electricity service by the City may be collected with the charges and rates for electricity service furnished by the City to such premises. In such event, said charges shall be billed upon the same bill as is prepared for charges for electricity service, and, if so billed, shall be due and payable at the same time that such charges for electricity service are due and payable. In such event, the total amount due for the sanitation charges and for charges for electricity service shall be paid as a unit, and all of the provisions of Chapter 10.16 of this Code pertaining to the collection of charges for electricity service shall apply to the collection of any such total amount.

.020 In the event that the City does not furnish electricity service to a premises but does furnish water service to such premises, then the sanitation charges for such premises may be collected with the charges and rates for water service furnished by the City to such premises. In such event, said charges shall be billed upon the same bill as is prepared for charges for water service and, if so billed, shall be due and payable at the same time that such charges for water service are due and payable. In such event, the total amount due for the sanitation charges and for the charges for such water service shall be paid as a unit, and all of the provisions of Chapter 10.16 of this Code pertaining to the collection of charges for water service shall apply to the collection of any such total amount.

.030 In the event that the City furnishes neither electricity service nor water service to a premises occupied and in use for residential, commercial or industrial purposes, or in the event the sanitation charges are not billed with the charges for electricity service or water service furnished by the City to said premises, then the sanitation charges for such premises shall be billed separately and shall be due and payable to the City in an amount and at such time as established by resolution of the City Council. The sanitation charges imposed by this chapter shall not be imposed upon any premises or person as an incident of property ownership but shall be imposed only upon those premises furnished with electricity or water service by the City or upon premises otherwise being occupied and used as provided herein.

.040 The City Council may establish by resolution an amount or amounts which any person, firm or corporation shall be required to deposit with the City prior to commencement or continuation of any sanitation services to insure collection of said charges. (Ord. 3907 § 3 (part); September 5, 1979: Ord. 5469 § 1 (part); December 13, 1995: Ord. 5665 § 1; February 2, 1999: Ord. 5855 § 2; April 29, 2003.)

.010 A customer who believes his or her bill for sanitation services is in error must, within ten days after the date of mailing as shown on the bill, contact the Sanitation Management Assistant, either by telephone during regular business hours, or in writing at the Sanitation Division, P.O. Box 3222, Anaheim, California 92803.

.020 If the dispute is not resolved by contact with the Sanitation Management Assistant, the customer must send a copy of the disputed bill with a written statement supporting his or her position that the bill is incorrect to the Sanitation Superintendent, Sanitation Division, P.O. Box 3222, Anaheim, CA 92803. The customer must also remit payment, payable to the City of Anaheim, for the amount of the bill, together with the bill, to the Public Utilities Department, P.O. Box 3222, Anaheim, CA 92803; in order to avoid discontinuance of service, the remittance must be received not later than forty-five days after the billing date shown on the bill.

.030 Failure to make payment within forty-five days of the billing date shown on the original bill shall warrant discontinuance of sanitation services.

.040 Upon receipt of the written statement, the Sanitation Superintendent shall review the basis of the billed amount and the statement submitted by the customer. The results of this review and a statement of decision shall be mailed to the customer within fifteen days. The date of mailing shall be shown on the statement of decision.

.050 Failure of the customer to file a written statement with the Sanitation Superintendent within twelve days after the date of mailing of the finding by the Sanitation Management Assistant shall constitute acceptance by the customer of the bill as rendered.

.060 If additional bills become due which the customer disputes before completion of the Sanitation Superintendent's review, the customer shall remit payment (payable to the City of Anaheim) for the amount of the additional disputed bills to the Public Utilities Department and shall send copies of those additional bills, together with additional written statements, to the Sanitation Superintendent, within twelve days after the date of mailing of each such bill, stating the basis of the customer's belief that such bills are incorrect.

.070 Failure to make payment within forty-five days of the billing date shall warrant discontinuance of service; failure to send copies of the additional bills and the additional written statements to the Sanitation Superintendent shall constitute acceptance by the customer of the additional bills as rendered.

.080 If the dispute is not satisfactorily resolved with the Sanitation Superintendent, the customer may, within twenty days after the date of mailing of the Sanitation Superintendent's statement of decision, present to the City Clerk a petition to the City Council for final determination. Failure of the customer to present a timely petition to the City Council for final determination shall constitute acceptance by the customer of the Sanitation Superintendent's findings.

.090 The procedure set forth herein shall be the customer's sole remedy for disputed sanitation bills. (Ord. 5506 § 1; July 11, 1995: Ord. 5855 § 3; April 29, 2003.)

In the event that any person, firm or corporation shall fail to pay any sanitation charge when the same becomes due, the City may, in addition to any other remedies it has, discontinue any of said services and facilities referred to in this chapter, and shall not resume the same to such person, firm or corporation until all delinquent charges together with any charges necessitated by resumption of such services and facilities and any required deposit, have been fully paid. (Ord. 3907 § 3 (part); September 5, 1979: Ord. 5469 § 2 (part); December 13, 1995.)

.010 When an overcharge or undercharge is discovered by City personnel, or when a disputed bill proceeding results in a determination that the bill was in error, the error shall be corrected back to the date for which the overcharge or undercharge may be reliably established. However, undercharge adjustments in billing shall not exceed a period of twelve months prior to the time the error was discovered, for single-family residential service, or a period of twenty-four months for all other service classes. Overcharge adjustments shall not exceed a period of twenty-four months prior to the time a disputed bill proceeding was initiated or an error was discovered by City personnel, for all service classes, unless directed otherwise by the Director of Public Works.

.020 When the cost to the City of correcting an undercharge would exceed the amount of the undercharge, the Director of Public Works may waive the adjustment.

.030 When a credit balance results from adjustment of an overcharge, refund of the credit balance in cash or by warrant shall be made at the request of the customer unless the cost to the City of processing the payment (as determined by the Director of Finance) would exceed the amount of the refund. However, a credit balance on a final bill shall be refunded unless waived by the customer. (Ord. 5506 § 2; July 11, 1995.)

The City Council shall establish from time to time, by resolution, the charges to be made for any and all connections with public sewerage system in areas annexed to, or otherwise having become a part of, the City of Anaheim from and after the first day of March, 1938. (Ord. 4483 § 1; February 21, 1984: Ord. 5469 § 2 (part); December 13, 1995.)

There is hereby created the Sewer Construction and Reconstruction Fund. All monies collected pursuant to the authority of Section 10.12.070 shall be placed in the Sewer Construction and Reconstruction Fund and shall only be used for the expansion, reconstruction and repair of the sanitary sewer system. (Ord. 5039 § 1; July 25, 1989: Ord. 5469 § 2 (part); December 13, 1995.)

.010 Statement of Purpose. In order to implement the goals and objectives of the most recent City Council adopted “Central Anaheim Master Plan of Sanitary Sewers” and the most recent City Council adopted “Central Anaheim Sanitary Sewer Financial Implementation Plan,” and to mitigate the deficiency in the sewer system caused by new development and/or by additions and expansions to existing development within the Central City (CAA) of the City of Anaheim, the City Council has determined that a sewer impact fee is needed to finance these sewer improvements and to pay for new developments and expansions and

additions to existing developments. The Central City Area is as specifically shown in the “Central Anaheim Master Plan of Sanitary Sewers” and generally consists of those areas within the City of Anaheim east of Euclid Street and west of the Santa Ana River from the northerly City limits to the southerly City limits.

In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s sewer needs as established in the “Central Anaheim Master Plan of Sanitary Sewers” for the Central City Area.

.020 Anaheim Sewer Impact Fee for the Central City Area. A sewer impact and improvement fee is hereby established for various customer classes, as described in the most recent City Council adopted “Central Anaheim Sanitary Sewer Financial Implementation Plan,” which fee shall be applicable to all new development and for expansions and additions to existing developments in the Central City Area (“Sewer Fee”). The City Council shall, by Council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment.

Except as otherwise provided in Section 66007 of the Government Code, the sewer fee shall be paid by each owner or developer prior to issuance of a building permit.

.030 Review and Adjustment of Fee. On an annual basis, the City Council shall review the sewer fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. The City Council may, periodically by resolution, adjust the amount of the sewer fee established by this chapter in accordance with 1) the construction cost index for construction costs in the Los Angeles area published in the Engineering News-Record’s Construction Cost Index and 2) the estimated changes reflecting amendments or revisions to the “Central Anaheim Master Plan of Sanitary Sewers.”

.040 Exemptions. This chapter shall not apply to:

.010 Conversion of a building or structure to a similar or less intensive land use.

.020 Reconstruction of any building or structure destroyed by fire or other natural cause, provided, however, that if each reconstruction results in the enlargement or expansion of any such building or structure, the applicable fee shall be calculated as provided in paragraph .040 below.

.030 That portion of any building or structure (“new structure”) which is constructed as a replacement for a substantially similar use of a building or structure (“original structure”) which existed on the property within ninety days immediately preceding commencement of such construction. For purposes of calculating the fee payable pursuant to this chapter, the units and/or floor area of the original structure shall be deducted from the units and/or floor area of the new structure.

.040 That portion of any building or structure which is enlarged or expanded and which portion existed on such property immediately prior to commencement of such enlargement or expansion, provided the use of such portion is not otherwise changed. For purposes of calculating the fee payable pursuant to this chapter, the units and/or floor area of the existing structure shall be deducted from the units and/or floor area of the total structure.

.050 City of Anaheim Payment of Sewer Fees. If the City of Anaheim finds that the development in question will provide substantial benefits to the welfare of the citizens of the City, the City may 1) make a payment of the sewer fee in lieu of the owner or developer paying the fee; or 2) construct or cause to be constructed a Sewer Deficiency Public Facility as a credit against such fees when such facility is required as a condition of approval of the development permits.

.060 Limited Use of Fees. The revenue raised by payment of the sewer fee shall be placed in a separate and special account, and such revenue, along with any interest earnings on that account, shall be used solely to pay for the City's future construction of facilities under the “Central Anaheim Master Plan of Sanitary Sewers” or to reimburse the City for such facilities constructed by the City with funds advanced by the City from other sources.

.070 Credits.

.010 Construction of Sewer Deficiency Public Facility. Whenever an owner or developer is required, as a condition of approval of a development permit, to construct a public facility identified as required in the “Central Anaheim Master Plan of Sanitary Sewers” (“Sewer Deficiency Public Facility”) within the Central City Area and when such construction is necessary to provide efficient and timely construction of the facilities, a credit against the fee which would otherwise be charged pursuant to this chapter on the development project shall be available to the owner or developer upon completion of the facility (but only to the extent of the fee), provided a project expenditure certification is approved by the City Engineer and that engineering costs are limited to amounts specified in the “Central Anaheim Area Master Plan of Sanitary Sewers” and the “Central Anaheim Sanitary Sewer Financial Implementation Plan” for the Central City Area.

.020 Duplicative Fees. Fees or payments which are determined by the City Engineer to be duplicative of the fees imposed by this chapter shall be credited against any fee (but only to the extent of the fee) which would otherwise be charged pursuant to this chapter.

.030 Dedications. The reasonable value of land dedicated for sewer improvement purposes for a Sewer Deficiency Public Facility as said value is determined by the City Engineer shall be credited against any fee (but only to the extent of the fee) which would otherwise be charged pursuant to this chapter.

.080 Sewer Fee Adjustments. An owner or developer of any project subject to the fee imposed by this chapter may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of a reasonable relationship or nexus between the sewer impacts of that development and either the amount of the sewer fee charged or the

type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than ten days prior to the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The City Council shall waive or adjust the fee where the City Council finds, based upon substantial evidence in the record, that such waiver or adjustment is necessary to ensure that said fee, if any, is related both in nature and extent to the impact of the proposed project. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

.090 Enforcement. The City Attorney is hereby authorized and directed to initiate such legal proceedings as may be necessary to enforce the provisions of this chapter.

.100 Effective Date. The fee authorized by this chapter shall become effective 60 days following the adoption of this ordinance and shall apply to the issuance of any building permit for any residential development issued on or after such date. (Ord. 6519 § 3; December 11, 2021.)

.010 Statement of Purpose. In order to implement the goals and objectives of the most recent City Council adopted, “West Anaheim Master Plan of Sanitary Sewers,” and the most recent City Council adopted, “West Anaheim Sanitary Sewer Financial Implementation Plan,” and to mitigate the deficiency in the sewer system caused by new development and/or by additions and expansions to existing development within the West City Area (WCA) of the City of Anaheim, the City Council has determined that a sewer impact fee is needed to finance these sewer improvements and to pay for new developments and expansions and additions to existing developments. The West City Area is as specifically shown in the “West Anaheim Master Plan of Sanitary Sewers” and is bounded on the north by the City Limits, on the south by the City Limits, on the west by the City Limits, and on the east by Euclid Street.

In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s sewer needs as established in the “West Anaheim Master Plan of Sanitary Sewers” for the West City Area.

.020 Anaheim Sewer Impact Fee for the West City Area. A sewer impact and improvement fee is hereby established for various customer classes, as described in the “West Anaheim Sanitary Sewer Financial Implementation Plan”, which fee shall be applicable to all new development and for expansions and additions to existing developments in the West City Area (“Sewer Fee”). The City Council shall, by Council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment.

Except as otherwise provided in Section 66007 of the Government Code, the sewer fee shall be paid by each owner or developer prior to issuance of a building permit.

.030 Review and Adjustment of Fee. On an annual basis, the City Council shall review the sewer fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. The City Council may, periodically by resolution, adjust the amount of the sewer fee established by this chapter in accordance with (1) the construction cost index for construction costs in the Los Angeles area published in the Engineering News-Record's Construction Cost Index and (2) the estimated changes reflecting amendments or revisions to the “West Anaheim Master Plan of Sanitary Sewers”.

.040 Exemptions. This chapter shall not apply to:

.010 Conversion of a building or structure to a similar or less intensive land use.

.020 Reconstruction of any building or structure destroyed by fire or other natural cause.

.030 That portion of any building or structure (“new structure”) which is constructed as a replacement for a substantially similar use of a building or structure (“original structure”) which existed on the property within ninety days immediately preceding commencement of such construction For purposes of calculating the fee payable pursuant to this chapter, the units and/or floor area of the original structure shall be deducted from the units and/or floor area of the new structure.

.040 That portion of any building or structure which is enlarged or expanded and which portion existed on such property immediately prior to commencement of such enlargement or expansion, provided the use of such portion is not otherwise changed. For purposes of calculating the fee payable pursuant to this chapter, the units and/or floor area of the existing structure shall be deducted from the units and/or floor area of the total structure.

.050 City of Anaheim Payment of Sewer Fees. If the City of Anaheim finds that the development in question will provide substantial benefits to the welfare of the citizens of the City, the City may (1) make a payment of the sewer fee in lieu of the owner or developer paying the fee; or (2) construct or cause to be constructed a Sewer Deficiency Public Facility as a credit against such fees when such facility is required as a condition of approval of the development permits.

.060 Limited Use of Fees. The revenue raised by payment of the sewer fee shall be placed in a separate and special account, and such revenue, along with any interest earnings on that account, shall be used solely to pay for the City’s future construction of facilities under the “West Anaheim Master Plan of Sanitary Sewers” or to reimburse the City for such facilities constructed by the City with funds advanced by the City from other sources.

.070 Credits.

.010 Construction of Sewer Deficiency Public Facility. Whenever an owner or developer is required, as a condition of approval of a development permit, to construct a public facility identified as required in the “West Anaheim Master Plan of Sanitary Sewers” (“Sewer Deficiency Public Facility”) within the West City Area and when such construction is necessary to provide efficient and timely construction of the facilities, a credit against the fee which would otherwise be charged pursuant to this chapter on the development project shall be available to the owner or developer upon completion of the facility (but only to the extent of the fee), provided a project expenditure certification is approved by the City Engineer and that engineering costs are limited to amounts specified in the “West Anaheim Master Plan of Sanitary Sewers” and the “West Anaheim Sanitary Sewer Financial Implementation Plan” for the West City Area.

.020 Duplicative Fees. Fees or payments which are determined by the City Engineer to be duplicative of the fees imposed by this chapter shall be credited against any fee (but only to the extent of the fee) which would otherwise be charged pursuant to this chapter.

.030 Dedications. The reasonable value of land dedicated for sewer improvement purposes for a Sewer Deficiency Public Facility as said value is determined by the City Engineer shall be credited against any fee (but only to the extent of the fee) which would otherwise be charged pursuant to this chapter.

.080 Sewer Fee Adjustments. An owner or developer of any project subject to the fee imposed by this chapter may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of a reasonable relationship or nexus between the sewer impacts of that development and either the amount of the sewer fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than ten days prior to the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The City Council shall waive or adjust the fee where the City Council finds, based upon substantial evidence in the record, that such waiver or adjustment is necessary to ensure that said fee, if any, is related both in nature and extent to the impact of the proposed project. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

.090 Enforcement. The City Attorney is hereby authorized and directed to initiate such legal proceedings as may be necessary to enforce the provisions of this chapter.

.100 Effective Date. The fee authorized by this chapter shall apply to the issuance of any building permit for any residential development issued sixty days following this ordinance’s passage. (Ord. 6519 § 4; December 11, 2021.)

.010 Statement of Purpose. In order to implement the goals and objectives of the most recent City Council adopted, “East Anaheim Master Plan of Sanitary Sewers,” and the most recent City Council adopted “East Anaheim Sanitary Sewer Financial Implementation Plan” and to mitigate the deficiency in the sewer system caused by new development and/or by additions and expansions to existing development within the East City Area (ECA) of the City of Anaheim, the City Council has determined that a sewer impact fee is needed to finance these sewer improvements and to pay for new developments and expansions and additions to existing developments. The East City Area is as specifically shown in the “East Anaheim Master Plan of Sanitary Sewers” and is bounded by the Orange Freeway (SR-57)/ SR-91/ Glassell Street on the West, the City’s Northern Limits on the North, the City’s Eastern Limits on the East, and the City’s Southern Limits on the South.

In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City’s sewer needs as established in the “East Anaheim Master Plan of Sanitary Sewers” for the East City Area.

.020 Anaheim Sewer Impact Fee for the East City Area. A sewer impact and improvement fee is hereby established for various customer classes, as described in the “East Anaheim Sanitary Sewer Financial Implementation Plan”, which fee shall be applicable to all new development and for expansions and additions to existing developments in the East City Area (“Sewer Fee”). The City Council shall, by Council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment.

Except as otherwise provided in Section 66007 of the Government Code, the sewer fee shall be paid by each owner or developer prior to issuance of a building permit.

.030 Review and Adjustment of Fee. On an annual basis, the City Council shall review the sewer fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. The City Council may, periodically by resolution, adjust the amount of the sewer fee established by this chapter in accordance with (1) the construction cost index for construction costs in the Los Angeles area published in the Engineering News-Record’s Construction Cost Index and (2) the estimated changes reflecting amendments or revisions to the East Anaheim Area Master Plan of Sanitary Sewers.

.040 Exemptions. This chapter shall not apply to:

.010 Conversion of a building or structure to a similar or less intensive land use.

.020 Reconstruction of any building or structure destroyed by fire or other natural cause.

.030 That portion of any building or structure (“new structure”) which is constructed as a replacement for a substantially similar use of a building or structure (“original structure”) which existed on the property within ninety days immediately preceding commencement of such construction. For purposes of calculating the fee payable pursuant to this chapter, the units and/or floor area of the original structure shall be deducted from the units and/or floor area of the new structure.

.040 That portion of any building or structure which is enlarged or expanded and which portion existed on such property immediately prior to commencement of such enlargement or expansion, provided the use of such portion is not otherwise changed. For purposes of calculating the fee payable pursuant to this chapter, the units and/or floor area of the existing structure shall be deducted from the units and/or floor area of the total structure.

.050 City of Anaheim Payment of Sewer Fees. If the City of Anaheim finds that the development in question will provide substantial benefits to the welfare of the citizens of the City, the City may (1) make a payment of the sewer fee in lieu of the owner or developer paying the fee; or (2) construct or cause to be constructed a Sewer Deficiency Public Facility as a credit against such fees when such facility is required as a condition of approval of the development permits.

.060 Limited Use of Fees. The revenue raised by payment of the sewer fee shall be placed in a separate and special account, and such revenue, along with any interest earnings on that account, shall be used solely to pay for the City’s future construction of facilities under the Combined East Anaheim Area Master Plan of Sanitary Sewers or to reimburse the City for such facilities constructed by the City with funds advanced by the City from other sources.

.070 Credits.

.010 Construction of Sewer Deficiency Public Facility. Whenever an owner or developer is required, as a condition of approval of a development permit, to construct a public facility identified as required in the “East Anaheim Area Master Plan of Sanitary Sewers”(“Sewer Deficiency Public Facility”) within the East City Area and when such construction is necessary to provide efficient and timely construction of the facilities, a credit against the fee which would otherwise be charged pursuant to this chapter on the development project shall be available to the owner or developer upon completion of the facility (but only to the extent of the fee), provided a project expenditure certification is approved by the City Engineer and that engineering costs are limited to amounts specified in the “East Anaheim Master Plan of Sanitary Sewers” and the “East Anaheim Sanitary Sewer Financial Implementation Plan” for the East City Area.

.020 Duplicative Fees. Fees or payments which are determined by the City Engineer to be duplicative of the fees imposed by this chapter shall be credited against any fee (but only to the extent of the fee) which would otherwise be charged pursuant to this chapter.

.030 Dedications. The reasonable value of land dedicated for sewer improvement purposes for a Sewer Deficiency Public Facility as said value is determined by the City Engineer shall be credited against any fee (but only to the extent of the fee) which would otherwise be charged pursuant to this chapter.

.080 Sewer Fee Adjustments. An owner or developer of any project subject to the fee imposed by this chapter may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of a reasonable relationship or nexus between the sewer impacts of that development and either the amount of the sewer fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than ten days prior to the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The City Council shall waive or adjust the fee where the City Council finds, based upon substantial evidence in the record, that such waiver or adjustment is necessary to ensure that said fee, if any, is related both in nature and extent to the impact of the proposed project. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

.090 Enforcement. The City Attorney is hereby authorized and directed to initiate such legal proceedings as may be necessary to enforce the provisions of this chapter.

.100 Effective Date. The fee authorized by this chapter shall apply to the issuance of any building permit for any residential development issued sixty (60) days following this ordinance’s passage. (Ord. 6519 § 5; December 11, 2021.)