Arvin Municipal Code Art. I Connections to Municipal Sanitary Sewer System

Article I sets forth uniform requirements for connection to the Arvin Municipal Sanitary Sewer System.

(Ord. No. 382, 2009).

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section govern the construction, meaning and application of words and phrases used in this chapter, including the definition of each word or phrase which is derived from it or from which it is a derivative, as the case may be.

1. "Building" means any structure used or intended for supporting or sheltering any use or occupancy as determined by the city public works director.

2. "Business" means all commercial uses, including, but not limited to, offices, merchandising, industrial uses and residential uses on premises where there are four (4) or more living units, or where unrelated persons are housed in the same structure such as boarding houses.

3. "City sewer system" means all facilities for collecting, treating and conveying domestic or industrial wastes of any nature, including all such facilities both inside and outside the city limits of Arvin that are owned, operated, and controlled by the city, and any sewer system located within the city, owned and operated by any public district, including the Kern County Sanitation District.

4. "Completion" means acceptance, in writing, by the city for maintenance of an addition to the city sewer system.

5. "Connected" means the physical connection of any plumbing or drainage system or fixture contained in any structure to a public sewer line.

6. "Customer" means a person who is, or who has agreed to be, responsible for the payment of water or sewer service charges. The term "customer" is also synonymous with "account" against which charges are assessed and billed.

7. "Dwelling unit" means the same as living unit.

8. "Sewer connection fees" means those fees collected or charged against property for the right to connect to a public sanitary sewer line where the property has not participated in the cost of providing treatment plant and sewer collection capacity.

(Ord. No. 382, 2009).

All persons using the sewer system of the city must pay for such service and for the privilege of connecting to the sewer at the rates, at the time and under the conditions set forth in this chapter, and must comply with all regulations set forth in this chapter relating to the use of such sewer system.

(Ord. No. 382, 2009).

A. Connection Required:

1. Every building or structure in which plumbing fixtures are installed, and every premises having piping thereon which conveys sewage or other liquid wastes to an approved point of disposal must be connected to the public sewer if it is available. A public sewer is available, for the purposes of this section, if the sewer had been constructed and is available for use in any public street, alley or right-of-way within one-hundred fifty (150) feet for the first unit plus seventy-five (75) feet for each additional unit, to be measured along such public street, alley or right-of-way from the nearest property line to the sewer. For the purpose of this section, the number of units computed includes all units developed on contiguous property held under one ownership. The following exception is allowed: Property located in the A-1 and A-2 zoning districts, on a lot of at least two (2) net acres in size, and provided the lot, if not served by community water system, contains one (1) dwelling unit or septic system per two (2) acres. Under this exception connection to the city sewer may be deferred until the use of the land changes either through district amendment or special permit.

2. Not withstanding any provision to the contrary, buildings or structures connected to a septic tank or cesspool at the time a public sewer becomes available must be connected to the public sewer within three (3) years after the sewer becomes available. However, if the property has previously been subject to an earlier connection date by reason of requirements of a jurisdiction other than the city, the sewer connection must be made on or before specified earlier date.

If the health officer determines the continued use of a septic tank or cesspool will create an immediate health menace, the property must be connected within the time specified by the health officer.

Buildings or structures not connected as required by this section are considered a public nuisances and subject to enforcement actions as prescribed by the city codes.

3. No person can cause, suffer or permit the disposal of sewage, or other liquid wastes into any drainage system on any lot which is connected to a public sewer when such connection is required by this section.

B. Connection Permit Required: No person can connect any lot to the city's sewer system without first obtaining a permit issued under the authority of the city manager. No permit will be issued by the city manager unless a sewer connection fee is paid as specified in paragraph C of this part.

C. Sewer Connection Charges:

1. No permit will be issued by the city manager unless a sewer connection fee in the sum of one thousand five hundred seventy dollars ($1,570.00) has been paid, unless otherwise provided for in this code. All developed lots with an existing structure or structures as of January 1, 1995, located along South Derby, (or any other location designated in exhibit A, attached to the ordinance codified in this section, and on file in the city clerk's office) which were unable to connect to the city's sewer system due to lack of access to a main sewer trunk line will only be required to pay the sewer connection fee in effect as of January 1, 1990, four hundred twenty-six dollars ($426.00) per ESFD, to obtain a permit under this section.

2. The amount of any sewer connection charges prescribed under the provisions of this chapter is a debt owing to the city which, until paid, is a continuing obligation of the owner of the property for the connection of which the charge was incurred. Any person who makes a connection to the city sewer system without having paid such charges in full or having accomplished the execution, acceptance and recording of an agreement to pay therefore as herein provided, is liable in an action in the name of the city in any court of competent jurisdiction for the amount of such charge. The conviction or punishment of any person for connecting to the city's sewer system without obtaining a permit does not relieve such person from paying the charges due and unpaid at the time of such conviction.

3. Payment of sewer connection and related charges payable because of connection of existing single-family residences within the city may be deferred by an agreement between the property owner and the city, to pay such charges together with interest on the unpaid balance, over a period of not more than fifteen (15) years, in accordance with the following provisions:

(a) The agreement must provide for substantially equal monthly installments amortized over a period of not more than fifteen (15) years, at a fixed rate of interest, which cannot be less than the rate the city would otherwise be able to receive by placing such amount in investment accounts as periodically established by the city manager and adopted by the city council.

(b) The sewer connection and related charges which may be deferred, and limitations, if any, on the amounts that may be deferred, are those as established in the master fee resolution.

(c) The agreement must be of a form and content prescribed by the city manager and approved by the city attorney.

(d) The agreement must be signed by all persons having a record title interest in the real property being served by the city's sewer system, to which connection is requested, and must include the legal description of the property.

(e) The agreement must provide that the whole, or any part, of the balance of charges due at any time under the agreement may be accelerated and paid at any time, at the option of the payer.

4. The agreement provided for in subsection 2. above must be in the form of a covenant running with the land, and will establish a lien against the property in favor of the city in the amount of all deferred charges, and will be recorded in the Office of the Kern County Recorder.

5. The agreement and lien is enforceable by the city in any manner available at law or in equity, including, but not limited to, private foreclosure and sale of the property in the manner provided by section 2924 of the California Civil Code.

(Ord. No. 382, 2009).

A. Persons owning or operating premises outside the city limits of Arvin may be granted permission to connect their property with the city's sewer system.

B. Permission to connect to the sewer system will be granted by the director of public works if all provisions of this chapter are complied with.

C. Every permit granted for service outside the city limits of Arvin is subject to the following conditions:

1. That payment of the applicable sewer connection charge, established by this chapter, must be made before connection of the premises to the sewer;

2. That all regulations of the city will be followed with respect to use of the city's sewer system;

3. That drainage from roofs, courts or other areas must be allowed to pass into the city's sewer system.

(Ord. No. 382, 2009).