Belmont Municipal Code Art. IV Service Charges

This article is adopted pursuant to Article 7, Chapter 5, Part 3, Division 5 of the Health and Safety Code and pursuant to Article 4, Chapter 6, Part 3, Division 5 of the Health and Safety Code.

(Code 1961, § 22-9; Ord. No. 952, § 1(Exh. A), 7-25-00)

Editor's note— Ord. No. 952, § 1 (Exhibit A), adopted July 25, 2000, repealed § 21-54.1 in its entirety. Formerly, said section pertained to definitions regarding service charges derived from the 1961 Code, § 22.8. See the Code Comparative Table.

This article shall apply to sewer facilities constructed or to be constructed in the city and additions, extensions and improvements thereto.

(Code 1961, § 22.10; Ord. No. 952, § 1(Exh. A), 7-25-00)

The regular billing period will be annual, consistent with the period for collection of general taxes for the city, unless an alternative billing period has been established by the finance director in order implement this chapter as may be necessary to coordinate with the district's billing practices.

(Code 1961, § 22.11; Ord. No. 952, § 1(Exh. A), 7-25-00)

Editor's note— Ord. No. 952, § 1 (Exhibit A), adopted July 25, 2000, repealed § 21-57 in its entirety. Formerly, said section pertained to opening and closing bills for less than normal billing period derived from the 1961 Code, § 22.12. See the Code Comparative Table.

Bills for sewer service shall be rendered at the beginning of each billing period and are payable upon presentation.

(Code 1961, § 22.13; Ord. No. 952, § 1(Exh. A), 7-25-00)

If the rate is not paid when due, on the first day of each calendar month thereafter a penalty of ten (10) percent of the amount of the delinquent rate shall be added and become due.

(Code 1961, § 22.14; Ord. No. 952, § 1(Exh. A), 7-25-00)

As an alternative to any of the other procedures herein provided, the city may bring an action against the person who occupied the premises when the service was rendered for the collection of the amount of the delinquent rate and all penalties and costs of collection including a reasonable attorney's fee.

(Code 1961, § 22.15; Ord. No. 952, § 1(Exh. A), 7-25-00)

The city may provide for the collection of all the delinquent charges that have not been paid and collected at the time of establishing its tax rate, upon the tax roll upon which city taxes are collected and in the same manner provided by law therefor.

(Code 1961, § 22.16; Ord. No. 952, § 1(Exh. A), 7-25-00)

The person or his deputy who bills and collects the charges shall sign a statement of the amount of the charges and the penalties which have accrued and which shall accrue thereon to the next succeeding April 20th, and shall file it with the officer whose duty it is to post the tax roll, and he shall post the amounts thereof in the column on the roll where improvement assessments are posted and opposite the property affected.

(Code 1961, § 22.17; Ord. No. 952, § 1(Exh. A), 7-25-00)

The amounts so posted shall be payable at the same times and in the same amounts and manner and be subject to the same penalties and charges for delinquency, and the same provisions for redemption and sale for nonpayment as are provided for general taxes of the city.

(Code 1961, § 22.18; Ord. No. 952, § 1(Exh. A), 7-25-00)

The city council may provide for the collection of sewer charges with other utility charges as herein provided.

(Code 1961, § 22.19; Ord. No. 952, § 1(Exh. A), 7-25-00)

Editor's note— Ord. No. 952, § 1 (Exhibit A), adopted July 25, 2000, repealed § 21-65 in its entirety. Formerly, said section pertained to collection of other utility charges on same bill derived from the 1961 Code, § 22.20. See the Code Comparative Table.

Editor's note— Ord. No. 952, § 1 (Exhibit A), adopted July 25, 2000, repealed § 21-66 in its entirety. Formerly, said section pertained to discontinuance of other service upon sewer delinquency derived from 1961 Code, § 22.21. See the Code Comparative Table.

Editor's note— Ord. No. 952, § 1 (Exhibit A), adopted July 25, 2000, repealed § 21-67 in its entirety. Formerly, said section pertained to time for discontinuance of other service derived from 1961 Code, § 22.22. See the Code Comparative Table.

Editor's note— Ord. No. 952, § 1 (Exhibit A), adopted July 25, 2000, repealed § 21-68 in its entirety. Formerly, said section pertained to where person charged is user of another utility operated by the city derived from 1961 Code, § 22.23. See the Code Comparative Table.

Where the other utility service is furnished by a department or agency of the city over which the city council does not exercise control, or where the city or department or agency thereof does not own or operate another utility, and the person charged is a user of a publicly or privately owned utility, the city council may provide by contract for such department, agency or utility to collect such charges. The city council may provide in such contract the compensation for making such collection.

(Code 1961, § 22.24; Ord. No. 952, § 1(Exh. A), 7-25-00)

Unless the council otherwise directs, successive annual sewer charges, and delinquent sewer service charges not previously so posted, shall be collected on the county tax roll as provided in Article 4, Chapter 6, Part 3, Division 5, of the state Health and Safety Code.

(Code 1961, § 22.25; Ord. No. 952, § 1(Exh. A), 7-25-00)

A written report shall be prepared and filed with the clerk, which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the forthcoming fiscal year, computed in conformity with the charges prescribed by this article.

(Code 1961, § 22.26; Ord. No. 952, § 1(Exh. A), 7-25-00)

Editor's note— Ord. No. 952, § 1 (Exhibit A), adopted July 25, 2000, repealed § 21-72 in its entirety. Formerly, said section pertained to publication of time and place of hearing derived from 1961 Code, § 22.27. See the Code Comparative Table.

Prior to such election for the first time, the clerk shall cause a notice in writing of the filing of the first report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon to be mailed to each person to whom any part or parcel of real property described in the report is assessed in the last equalized assessment roll on which general city taxes are collected at the address shown on such roll or as known to the clerk.

(Code 1961, § 22.28; Ord. No. 952, § 1(Exh. A), 7-25-00)

If the city council adopts the report, then the requirements for notice in writing shall not apply to hearings on reports prepared in subsequent years but notice by publication as herein provided shall be adequate.

(Code 1961, § 22.29; Ord. No. 952, § 1(Exh. A), 7-25-00)

At the time of the hearing, the city council shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time.

(Code 1961, § 22.30; Ord. No. 952, § 1(Exh. A), 7-25-00)

If the city council finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land.

(Code 1961, § 22.31; Ord. No. 952, § 1(Exh. A), 7-25-00)

Upon the conclusion of the hearing on the report, the city council may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in said report, which determination shall be final.

(Code 1961, § 22.32; Ord. No. 952, § 1(Exh. A), 7-25-00)

On or before the tenth day of August in each year following such final determination of the city council, the clerk shall file with the auditor having charge of the tax roll a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the city council of the city, and the auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll.

(Code 1961, § 22.33; Ord. No. 952, § 1(Exh. A), 7-25-00)

Where any parcels are outside the boundaries of the city they shall be added to the assessment roll of the city for the purpose of collecting the charges mentioned in section 21-78.

(Code 1961, § 22.34; Ord. No. 952, § 1(Exh. A), 7-25-00)

If the property is not described on the roll, the auditor may enter the description thereon together with the amounts of the charges herein, as shown on the report.

(Code 1961, § 22.35; Ord. No. 952, § 1(Exh. A), 7-25-00)

The amount of the charges herein shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon on the first Monday in March immediately preceding the date of levy. The tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land.

(Code 1961, § 22.36; Ord. No. 952, § 1(Exh. A), 7-25-00)

Thereafter, the amount of the charges herein shall be collected at the same time and in the same manner and by the same persons as, and together with and not separately from, the general taxes for the city, and shall be delinquent at the same time and thereafter be subject to the same penalties for delinquency.

(Code 1961, § 22.37; Ord. No. 952, § 1(Exh. A), 7-25-00)

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 the charges herein.

(Code 1961, § 22.38; Ord. No. 952, § 1(Exh. A), 7-25-00)

Editor's note— Ord. No. 952, § 1 (Exhibit A), adopted July 25, 2000, repealed § 21-84 in its entirety. Formerly, said section pertained to issuance of separate bills by the tax collector derived from 1961 Code, § 22.39. See the Code Comparative Table.

Editor's note— Ord. No. 952, § 1 (Exhibit A), adopted July 25, 2000, repealed § 21-85 in its entirety. Formerly, said section pertained to compensation of county derived from 1961 Code, § 22.40. See the Code Comparative Table.

Revenues derived under this article shall be used only for the acquisition, construction or reconstruction, maintenance and operation of sanitation or sewerage facilities of the city and to repay principal and interest on bonds issued for the construction of such sanitary or sewerage facilities and to repay federal, state, county or other loans or advances made to the city for the construction or reconstruction of sanitary or sewerage facilities; provided, however, that such revenue 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.

(Code 1961, § 22.41; Ord. No. 952, § 1(Exh. A), 7-25-00)

Premises as to which charges under this article have become delinquent shall be disconnected. The person in charge of the sewer system shall estimate the cost of disconnection of such premises from the enterprise and 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 amount of the cost of disconnection and reconnection over the deposit shall constitute a charge and be collected as such. The amount of the deposit not used shall be repaid or applied as a deposit.

(Code 1961, § 22-43; Ord. No. 952, § 1(Exh. A), 7-25-00)

The procedures provided in sections 21-56—21-86 are alternative to each other. The separate procedures under sections 21-56—21-69 are alternate to each other.

(Code 1961, § 22.45; Ord. No. 952, § 1(Exh. A), 7-25-00)

The procedures provided in sections 21-56—21-86 are cumulative with each other. More than one (1) or all thereof may be utilized at the same time as to the same charges.

(Code 1961, § 22.46; Ord. No. 952, § 1(Exh. A), 7-25-00)

The procedures provided in sections 21-56—21-86 are supplemental to each other.

(Code 1961, § 22.47; Ord. No. 952, § 1(Exh. A), 7-25-00)

The procedures provided in this article are not exclusive. Notwithstanding any provisions herein, the city may utilize any procedures provided in any law or which are a legal incident to its powers, and any remedy in laws or in equity, to collect the charges and penalties.

(Code 1961, § 22.48; Ord. No. 952, § 1(Exh. A), 7-25-00)

It is the intention of this article that there shall be available to the city all procedures, that they shall be diligently exercised and that all charges and the penalties thereon or other charges incident thereto shall be promptly and effectively collected.

(Code 1961, § 22.49; Ord. No. 952, § 1(Exh. A), 7-25-00)

The city council may by ordinance or resolution adopted in accordance with Health and Safety Code Section 5471 adopt a schedule of charges for sewer service. The schedule of charges will remain in effect until amended or repealed by the city council. Rates previously adopted by ordinance may be amended or repealed by resolution.

(Code 1961, § 22.50; Ord. No. 484, § 1, 5-22-72; Ord. No. 510, § 1, 5-14-73; Ord. No. 535, § 1, 2.38 per 4-22-74; Ord. No. 575, § 1, 6-22-76; Ord. No. 701, § 1, 6-9-82; Ord. No. 801, § 1, 7-26-86; Ord. No. 827, § 1, 7-10-90; Ord. No. 873, § 1, 7-13-93; Ord. No. 884, § 2, 7-12-94; Ord. No. 907, § 1 7-9-96; Ord. No. 917, § 1, 6-24-97; Ord. No. 930, § 1, 7-14-98; Ord. No. 946, § 1, 6-22-99; Ord. No. 952, § 1(Exh. A), 7-25-00; Ord. No. 1031, § 1(Exh. A), 8-14-07; Ord. No. 1037, §§ 1, 3(Exh. A), 5-27-08; Ord. No. 1050, § 1(Exh. A), 7-27-2010; Ord. No. 1064, § 2, 7-10-2012; Ord. No. 2014-1078, § 2, 7-8-14; Ord. No. 2020-1147, § 3, 6-9-20)

In addition to any other charge imposed pursuant to this article, the city council may, by ordinance adopted pursuant to section 5471 of the California Health & Safety Code, adopt a sewer treatment facility charge. Proceeds of the sewer treatment facility charge shall be expended by the city only to fund the rehabilitation, replacement, and other associated costs (including financing and operating costs) of wastewater treatment plants, pump stations, outfall pipelines, plant influent force main pipelines, and other treatment facilities that serve the City of Belmont. Proceeds of the sewer treatment facility charge shall be separately accounted for from proceeds of any other sewer service charge imposed pursuant to this article. The sewer treatment facility charge shall be collected in the same manner as a sewer service charge imposed pursuant to this article, and nonpayment or late payment of the sewer treatment facility charge shall be subject to the same penalties as apply to such sewer service charges.

(Ord. No. 1042, § 1, 5-12-09)

Editor's note— Ord. No. 1037, § 2, adopted May 27, 2008, repealed § 21-95, which pertained to minimum and maximum annual charges. See also the Code Comparative Table.