Biggs Municipal Code Art. II Sewer Fees

Pursuant to the authority granted to it by state law, the city of Biggs hereby establishes the following monthly sewer service rates per connection per month and the following sewer service improvement fees per connection per month:

(1) The city of Biggs is hereby directed to collect the sewer service charge and the sewer improvement fee every month on the water bill.

(2) The sewer operating fund is hereby established, and all sewer service charges collected shall be placed therein. The sewer improvement fund is hereby established, and all sewer improvement fees collected shall be placed therein.

(3) Failure to pay the sewer service charge or the sewer improvement fee when the water bill is due shall be grounds for the disconnection of the water service.

(Ord. 397 § 2, 2013; Ord. 435 § 2, 2024)

The city of Biggs users of the sewer system and property owners have borne the costs for the existing sewer system in the city of Biggs, which includes treatment plants, sewer pump stations, sewer ponds, manholes and mains and other related maintenance materials and equipment. New connections by owners of property or proposed users of the sewer system will involve use of these existing sewerage facilities which were paid for, or have been constructed for, and are owned by the city of Biggs. Therefore, a sewer connection fee must be paid to the city of Biggs for any connection to the city sewerage system which will result in an increase in sewer volumes or flows. The amount of said sewer connection fee shall be as determined by the city council.

(Ord. 193 § 1, 1975)

Each property which is proposed to be sewered will be served by a public street, an alley or sewer easement which is adjacent to the property to be served. Initial construction costs of said collector sewer main must be borne by the property owners to be served. A sewer collector fee must be paid to the city by persons desiring to connect directly to an existing collector sewer main which was installed without direct or indirect cost to the connecting property. The amount of said sewer collector fee shall be as determined by the city council.

(Ord. 193 § 2, 1975)

Each property which is proposed to be sewered will be served by a sewer lateral which extends from the collector sewer main to the property or easement line. Initial construction costs of said sewer lateral must be borne by the property to be served. A sewer lateral fee must be paid to the city if this work is performed by the city or by city contract. The amount of said sewer lateral fee shall be as determined by the city council.

(Ord. 193 § 3, 1975)

Work performed by others on the city sewer system must be performed in accordance with city of Biggs standards and specifications and shall be performed only after a permit is obtained from the city. The city will inspect the work performed. A sewer permit fee shall be paid which amount shall be determined by the city council.

(Ord. 193 § 4, 1975)

Whenever sewer service to a property requires construction of more than 150 feet of off-site sewer main to the property, or construction of a sewer pump station or other unusual sewer facilities, these costs must be borne by the person or properties to be serviced. However, if these additional facilities will potentially serve other properties, the city may enter into a reimbursement agreement for a refund of these costs. Said refund amount will be based on the sewer connection fees received by the city as per BMC § 10.05.250. Payment will be paid at 40 percent of the total sewer connection fees received by the city for the fiscal year after completion and acceptance by the city and each fiscal year thereafter. The amount reimbursed by the city shall not exceed the amount agreed to in the reimbursement agreement. Said agreement shall be for a period not to exceed 10 years.

(Ord. 193 § 5, 1975)

No parcel of land situated outside of the limits of the city of Biggs shall in any manner be or have any structure thereon connected to the sanitary sewerage system of the said city, except by special agreement with the city council.

(Ord. 193 § 6, 1975)

(1) The sanitary sewer system is primarily for human wastes. Other discharges into this system are prohibited, as follows: storm drainage or rainwater; industrial wastes; water with more than 100 parts per million by weight of fat, oil or grease; flammable or explosive material; corrosive type materials; toxic or poisonous substances; or septic tank sludge.

(2) If after 30 days' notice in writing to correct a violation of subsection (1) of this section, the property owner does not undertake said correction, the city council of the city of Biggs can shut off sewer service and water service until the correction is made.

(3) The sewer and water shall be cut off only after a public hearing is held and the property owner is given 10 days' notice of the time and place of the hearing.

(4) Also, if after 30 days' notice in writing to correct a violation of subsection (1) of this section, the property owner does not undertake to make the correction, the city council of the city of Biggs can, if it so chooses, enter the premises, make the correction, and charge the cost to the property owner.

(5) Before the city undertakes the correction, it shall set a hearing with 10 days' notice notifying the property owner to appear and to show cause why the city should not undertake the correction. After said hearing, the city can either grant more time or can make its order to proceed with the correction.

(6) After the corrections have been made, the city shall conduct another public hearing giving 10 days' notice to the property owner to establish the cost of the corrections, at which time the property owner may appear and protest. Upon the cost of the correction being established by the city council by resolution of the city council, the cost shall be made a lien against the land, and the resolution shall be recorded with the county recorder of the county of Butte and filed with the county assessor for the purpose of placing the cost on the next tax assessment role.

(7) City also reserves the right to reduce the cost of correcting the violation to a judgment.

(Ord. 193 § 7, 1975; Ord. 247 §§ 1 – 7, 1983)

Pursuant to the provisions of Section 5471 of the California Health and Safety Code, fees pursuant to this article shall be set from time to time by the city council by ordinance.

(Ord. 193 § 9, 1975; Ord. 346 § 1, 2004)

The willful misrepresentation of any material fact with knowledge of its falsity or without reasonable cause to believe it to be true to any city officer, or the city council, with the intent thereby to influence his or its official action herein shall be a violation of this article.

(Ord. 193 § 10, 1975)

Any person, firm, or corporation violating any provision of this article shall be guilty of a misdemeanor. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this article is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.

(Ord. 193 § 11, 1975)