Part 9.6 — SEWER SERVICE CHARGE

2696. • SEWER SERVICE CHARGE.

There is levied and assessed a charge upon the privilege of using a sewer connection with the sewerage system of the City of Arcadia or on the privilege of discharging sewage which ultimately passes through the sewerage system of the City of Arcadia. The aforesaid charges shall be set by Resolution of the City Council.

(Former Section 2696 was repealed and new Section 2696 was added by Ord. 2122, adopted 7-18-00)

(a)

All sewer service charges shall become due and payable to and at the office of the City Treasurer on the same date that the water bill, on which the sewer service charge is included, becomes due and payable and shall become delinquent on the same date that said water bill becomes delinquent.

(b)

All bills for such charges shall be issued by the Water Department.

(1)

In all cases where the premises in question is connected to the municipal water system, the sewer service charges shall be combined with bills or statements for water service rendered by the City system. The bills shall state their purpose (water and sewer service), shall give the name and last known address of the

person responsible for payment (as herein provided), and shall list separately the charge for sewer service and the total charge for both services. Neither charge may be paid separately from the other.

(2)

If a premises with sewer service is not connected with the City water system, a separate bill shall be rendered for sewer service only.

All monthly sewer service charges shall be billed to the following persons:

(a)

In the case of any person whose premises is connected with the City water system, then to the person who requested such connection to the City water system or his successor in interest, or to any person requesting that such bill be charged to him, or

(b)

In the case of any person whose premises is not connected to the City water system, then to the person who requested the connection to the City sewer system or his successor in interest, or if no such request was made, then to the owner of record of such premises on the date on which such premises is required hereby to connect to the City sewer system, or to the successor in interest to such person, or to any person requesting that such bill be charged to him.

The Maintenance Services Director or his designee and City Treasurer are charged with the enforcement of all of the provisions of this Part. The Chief of Police and all police officers of the City shall be deputies of the Maintenance Services Director or his designee and the City Treasurer for such purposes.

(a)

In the event of a violation of any items of this Part, or any rule or regulation established pursuant hereto, the Maintenance Services Director or his designee or the City Treasurer, in writing, shall notify the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) will exercise his authority to disconnect the premises from the City water system or City sewer system; provided that such time shall not be less than five (5) days after the deposit of such notice in the United States Post Office at Arcadia, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the Maintenance Services Director or his designee may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of things done and the amounts expended in so doing shall be a charge upon the person so in violation.

(b)

Upon failure of any person billed or the owner of a premises to pay any sewer service charge prior to delinquence, any one or more of the following actions may, or where required hereby must, be taken by the City or City officials to enforce such payment, subject to the provisions of paragraph (a) of this Section.

(1)

Each sewer service charge levied by or pursuant to this Part on any premises within the City limits of the City is made a lien upon such premises and any steps authorized by law may be taken by the City to enforce payment of such lien.

(2)

In each case where any bill for both water service and sewer service remains unpaid for thirty (30) days after such bill becomes delinquent, the Maintenance Services Director or his designee, upon notification of such delinquency by the City Treasurer, shall disconnect the premises from the City sewer system. Whenever a premises has been disconnected from the City sewer system for non-payment of sewer service charges, such premises shall not be reconnected to either the City water system or to the City sewer system until all delinquent charges and penalties have been paid together with such reasonable charges for reconnection as may be ordered from time to time by the City Council by resolution duly adopted.

(Amended by Ord. 2086 adopted 5-19-98)

If a premises with sewer service is not connected with the City water system, a separate bill shall be rendered for sewer service only. The time and manner of billing for services on premises not served with City water shall be as determined by the Maintenance Services Director or his designee notwithstanding the foregoing, the Maintenance Services Director or his designee shall have the power to authorize or require payment to be made on a monthly basis if he is of the opinion that such a procedure is in the best interest of the City.

(Amended by Ord. 2086 adopted 5-19-98)

There is established a Sewerage Fund to be administered by the City Treasurer. All charges received pursuant to this Part shall be used only for the acquisition, construction, reconstruction, maintenance and operation of City sewerage facilities. Said charge shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers.

(Amended by Ord. 2086 adopted 5-19-98)

(Part 9.6 of Chapter 6 of Article II was added by Ord. No. 1640 adopted 6/27/78)