Arvin Municipal Code Ch. 13.12 Yearly Sewage Disposal Rates and Charges

As used in this chapter:

A. "Sewer user" means any individual firm, corporation, business, partnership or association that discharges or causes a discharge to a public sewer.

B. "City" means the city of Arvin.

C. "Council" means the city council of the city of Arvin.

D. "Sewer service charges" means fees, tolls, rates, rentals or other charges for services and/or facilities furnished by the city in connection with its sanitation or sewerage system, either within or without the city's territorial limits.

E. "ESFD" means equivalent single-family dwellings and is proportionally related to the sewer use made by an average single-family residence, with that use constituting 1.00 ESFD.

F. "Single-family dwelling (SFD)" means the sewer use made by an average single-family residence at a quantity of two hundred eighty (280) gallons per day, containing two hundred (200) mg/l suspended solids, two hundred (200) mg/l biochemical oxygen demand, and ten (10) ml/l settleable solids, electrical conductivity of seven hundred (700) uhmo's and a pH of 7.2.

G. "Multiple-unit dwellings" means the sewer use made by buildings containing more than one single-family living unit.

H. "Commercial, industrial and miscellaneous users" shall be as they are defined in the building code, adopted by Section 4288 of the Ordinance Code of the county of Kern.

(Ord. 256 §2, 1992).

The annual sewer service charge per equivalent single-family dwelling of 1.00 ESFD shall be as adopted by resolution, by the council for each fiscal year, and as set forth in attachment A, attached to the ordinance codified in this chapter. The city clerk shall file with the auditor-controller of the county of Kern a copy of the ordinance codified in this chapter, and the auditor-controller shall enter the amount of said charge against the respective lots or parcels of land as they are listed on the current special assessment roll. The amount shall be limited to that which will be sufficient for the city to meet financial obligations and indebtedness pursuant to the operations of the sanitation of sewerage system in accordance with the laws of the state of California.

(Ord. 256 §3, 1992).

A. Residential Sewer Users.

1. 1.00 ESFD for a Single-Family Residence. The city may charge 0.60 ESFD for a second unit where it is obvious upon inspection by the city that the unit is either a guest house or a rental unit intended for use by one (1) person only, with minimal sewer usage;

2. 1.00 ESFD per living unit for duplexes;

3. 0.90 ESFD per living unit for triplexes, and for condominiums with different owners for each unit;

4. 0.80 ESFD per living unit for multiple unit dwellings of more than three (3) units, with this same charge to apply to trailer courts and mobilehome parks where all units have the same owner;

5. 0.30 ESFD per living unit for motels, hotels and roominghouses;

6. 0.30 ESFD per bed for hospitals, convalescent hospitals, sanitariums and rest homes; county assessor's use codes 1701, 1702, 1703 or 1712. 0.06 ESFD may be charged per living unit where such unit constitutes the equivalent of an apartment unit if so determined by the city. Additional charges shall be made for functions such as mental health facilities and laboratory operations that are in addition to the medical functions of a hospital, with said charges based on equivalent sewer uses established elsewhere herein.

B. Commercial and Industrial Sewer Users.

1. 1.00 ESFD for businesses, small stores, shops, small markets and office buildings, including public buildings used primarily as offices; county assessor's use codes 1100 through 1119, 1121, 1122, 1300 through 1307, 1309, 1403 through 1407, 1600 through 1604, 1608 through 1612, 1705, 2100 through 2103, and 2401 through 2490;

2. 0.48 ESFD per washing machine for laundries and dry cleaners; county assessor's use code 1120;

3. 36.00 ESFD for supermarkets; county assessor's use code 1401;

4. 3.70 ESFD for large or multiple-use markets and grocery stores; county assessor's use code 1402 or 1490;

5. 2.50 ESFD for medical, dental and veterinary offices, medical and laboratory facilities; county assessor's use codes 1605, 1606, 1607, 1613 or 1704;

6. 1.50 ESFD for mortuaries, kennels and pet grooming; county assessor's use code 1708 or 2202;

7. 3.90 ESFD for restaurants, cafes, coffee shops, catering services and drive-in restaurants where sewage discharge is estimated by the city to be equivalent to or less than that of a thirty-five (35) seat restaurant, or 5.70 ESFD where sewage discharge is estimated to be substantially greater than that of a thirty-five (35) seat restaurant; county assessor's use codes 1800 through 1803 and 1806 through 1980;

8. 3.60 ESFD for cocktail lounges, bars and taverns where there is minimal food preparation; where there is substantial food preparation, the charge shall be the same as the charge for restaurants; county assessor's use code 1804 or 1805;

9. 4.00 ESFD for recreational facilities; county assessor's use codes 1900 through 1990;

10. 1.75 ESFD per wash stall for car washes or 1.00 ESFD per two hundred eighty (280) gallons per day discharge as estimated or calculated by the city; county assessor's use code 2201;

11. 1.40 ESFD for repair shops, service stations and storage facilities; county assessor's use codes 2203 through 2208, 2301, 3600 through 3690, and 3700 through 3790;

12. 1.00 ESFD for light manufacturing businesses, timber producers and produce plants; county assessor's use codes 3100 through 3190, 3300 through 3390 and 3400 through 3490;

13. 5.70 ESFD for food processing facilities; county assessor's use codes 3500 through 3590.

C. Miscellaneous Sewer Users.

1. 1.00 ESFD plus the corresponding ESFD charge for commercial sewer use for a single-family residence combined with a structure where its sewer use is other than residential;

2. 1.10 ESFD for churches, plus 1.00 ESFD for a single-family residence included on the same property; county assessor's use code 1706;

3. 0.031 ESFD per student (average daily attendance) for colleges, schools, preschools and day care centers, except that the charge shall not be less than 1.00 ESFD; county assessor's use code 1710.

D. Public or Private Sewer Users Not Otherwise Classified.

1. 1.00 ESFD for up to fourteen (14) employees and 0.50 for each seven (7) employees, or fraction, thereafter;

2. 0.33 ESFD per fireman for fire stations, except that the charge shall not be less than 1.00 ESFD;

3. 0.40 ESFD for chemical, biological or bacteriological laboratories.

E. For premises having a sewer connection, but for which a specific occupancy classification and ESFD charge has not been set forth elsewhere herein, the city shall determine the ESFD, as in its sole discretion it deems applicable for the type of sewer discharge in relation to other classifications specified herein.

F. For discharge of dissolved inorganic solids, other sewer-user ESFD specified herein notwithstanding, the district may assess an ESFD for discharge to the sewer of dissolved inorganic solids in either quantity and/or concentration exceeding that of normal sewerage discharge from an average single-family residence, with the ESFD to be proportional to that of a typical single-family residence for such quantity and/or concentration.

(Ord. 277 §1, 1995; Ord. 256 §4, 1992).

A. Difficult-to-Treat Wastes. Where the city has issued a permit or other written authorization for discharge to the sewer of materials with the potential to cause added expense to the city, or injury or harm to the sanitation or sewerage system or city personnel and the general public, the city may establish ESFD charges for said discharge that may, or may not, be related to other ESFD charges established by this chapter. The ESFD rates so charged will be based on standard engineering taxes, accepted engineering practices or technical manuals, and at the sole discretion and judgment of the city. The ESFD charges shall include, but not be limited to, monitoring of waste discharge, a ten-percent (10%) administration charge and costs incurred by the city for enforcement action against a specific waste discharger.

B. Stoppage-Causing Wastes. Where it is found that discharge to the sewer of material, or that a grease trap, grit trap or sand trap is not being properly maintained, so as to require repeated corrective action by the city, the ESFD charge for the sewer user shall be increased by fifty percent (50%) as compensation to the city for the added maintenance required to remove said materials, grease, grit or sand from the collection system.

C. Sewer Availability Charge. Where any structure is not connected to the sewer and is served by private disposal system, when connection to the sewer is otherwise required, a sewer availability or standby charge shall be assessed, with the charge being one-half of the ESFD charge as established by this chapter. The sewer availability charge shall remain in effect until such time as the private disposal system becomes "in an unsanitary condition" as defined by the Uniform Plumbing Code; thereafter the full ESFD charge shall be applied.

D. Multiple and Combined Sewer Users. Where two (2) or more sewer users or classified dischargers are located on one (1) parcel, the district may charge a lower ESFD charge than the ESFD charge that would be assessed if each sewer discharger were charged separately.

(Ord. 256 §5, 1992).

A. Parcels Outside the City. Where parcels to be assessed sewer service charges are outside the boundaries of the city, they shall be added to the assessment roll of the city for the purpose of collecting such charges.

B. Parcels Not On Roll. If the property to be assessed sewer service charges is not described on the roll, the clerk shall enter the description thereon together with the amounts of the charges, as shown on the assessment roll.

(Ord. 256 §10(a), (b), 1992).

A. Billing Period. The regular billing periods for sewer service charges may be for each calendar month, bimonthly, semiannually or each fiscal year, beginning July 1st and ending June 30th. Schools and other public institutions shall pay annually on bills rendered in July of each year for the preceding fiscal year.

B. Opening and Closing Bills. Opening and closing bills for less than the normal billing period shall be for not less than one (1) month.

C. Billing Time. Bills for sewer service shall be rendered at the beginning of each billing period and are payable upon presentation, except as otherwise provided herein.

D. Penalties and Interest. All bills not provided, prior to delinquency, to be collected on the tax rolls on which the city's real property taxes are collected that are not paid on or before twenty (20) days from the date the bill was rendered shall be delinquent, and a penalty of ten percent (10%) of the bill amount due plus one percent (1%) per month from the first day of delinquency shall accrue for the period of said nonpayment and be collected as a part of the principal amount, including penalty, thereof.

E. Inclusion on General Tax Bill. The city may elect to have the sewer service charges herein set forth, or any other fees, tolls, rates, rentals, levies or other charges established by council ordinance, or resolution, included on the bills levied for its general taxes.

(Ord. 256 §6, 1992).

A. Use of Tax Rolls. The city council may elect to use the county tax roll on which general city taxes are collected for the collection of current or delinquent fees, tolls, rates, rentals, levies or other charges established by the city; proceedings therefor shall be had as now or thereafter provided therefor in Article 4, Chapter 6, Part 3, Division 5, of the Health and Safety Code.

B. Time of Collection. When the city elects to use the county tax roll on which general city taxes are collected as aforesaid, the amount of the sewer service charges shall be collected that the same time and in the same manner by the same person as, together with and not separately from, the general taxes for the city, and shall be delinquent at the same time and thereafter be subjected to the same delinquency penalties.

C. Application of Laws Governing Levy, Collection and Enforcement of General Taxes. All laws applicable to the levy, collection and enforcement of general taxes of the city, including, but not limited to, those pertaining to the matters of delinquency correction, cancellation, refund and redemption, are applicable to such charges.

D. Applicable Laws. All the provisions of the laws of the state as to the collection of taxes and delinquent taxes and the enforcement of their payment, so far as applicable, apply to the collection of the charges herein set forth.

E. Collection by Suit. As an alternative to any of the other procedures herein provided, the city may collect said unpaid charges by suit, in which event it shall have judgement for the cost of suit and reasonable attorney's fees.

F. Collection System. The council may, at any time, by order entered in its minutes, provide a system of collection of delinquent sewer service charges, or make any change in the manner of their collection.

G. Alternative. The powers authorized by this section shall be alternative to all other powers of the city and alternative to procedures adopted by the council thereof for the collection of such charges.

H. Other Remedies. The city may provide otherwise for the collection of such delinquent charges. All remedies herein provided for their enforcement and collection are cumulative and may be pursued alternatively or collectively as the city determines.

(Ord. 256 §7, 1992).

The amount of the delinquent sewer service charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon the first Monday in March of each year. The tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land.

(Ord. 256 §8, 1992).

A. Disconnection. As an alternative method of collecting such delinquent sewer service charges, the city may disconnect any premises from the sewer system if the user fails to pay the service charge for his premises after they shall have become delinquent. The city manager or his designee in charge of the sewer system shall estimate the cost of reconnecting it thereto, and such user shall deposit the cost, as estimated, of disconnection and reconnection before such premises are reconnected to the sewer system. The city manager or his designee shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection.

B. Abatement. During the period of nonconnection or disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the council shall cause proceedings to be brought for the abatement of the occupancy of said premises by the human beings. In such event, and as a condition of connection or reconnection, there shall be paid to the city reasonable attorney's fees and costs of suits arising in said action.

(Ord. 256 §9, 1992).

The owner or occupant of any premises who by reason of special circumstances finds that the foregoing rates are unjust or inequitable as applied to his premises, may make written application to the council, stating the circumstances and requesting a different basis of charges for sewer services to his premises. If such application is approved, the council may by resolution fix and establish fair and equitable rates for such application and continuing during the period of such special circumstances. The council may on its own motion find that by reason of special circumstance the foregoing rates are unjust and inequitable as applied to particular premises and may be fixed by resolution and establish fair and equitable rates for such premises during the period of such special circumstances or any part thereof.

(Ord. 256 §10(c), 1992).