Burbank Municipal Code Art. 7 Sewer Service Charge

The purpose of this article is to provide sufficient funds for the operations, maintenance, replacement, and expansion of the sanitary sewer and storm drain system by imposing a fair and equitable service charge upon the users of these facilities. Charges imposed pursuant to the provisions of this article are fees for services and are not taxes. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

[Added by Ord. No. 2310. Deleted by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2552, 2541, 2461, 2348.]

Every person discharging sewage, effluent, industrial waste, or other waste matter into a public sewer shall pay a sewer service charge to the City in an amount as specified in the Burbank Fee Resolution. This charge shall be in addition to any other fees imposed by this chapter. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2935.]

A. Fee Resolution: The Burbank Fee Resolution shall provide for a sewer service charge to be charged monthly to dischargers. The sewer service charge shall incorporate all costs of wastewater and runoff collection treatment and disposal, including administrative and general expenses and certain capital costs.

B. Allocation Of Costs: All sewer service charges shall be calculated so as to allocate the costs to the dischargers in accordance with sewage quantity (flow) and quality (indicated by BOD and SS concentration), including, but not limited to, costs incurred by the City of Los Angeles in treating and disposing of any effluent generated by the dischargers. [Added by Ord. No. 3035. Amended by Ord. No. 13-3,848, eff. 1/17/14; 3677.]

A. By Municipal Service Bill: The charge imposed by this article shall be collected by adding the same to the municipal service bills rendered by the Burbank Water and Power

Department of the City. The period covered by each billing shall be the same period for which the municipal service bill is rendered and shall be paid at the same time and in the same manner as the municipal service bill.

B. By Director: Whenever it is not practicable to add the sewer service charge to the municipal service bill rendered by the Burbank Water and Power Department, the Director shall bill and collect for such charge.

C. Delinquencies: Bills for sewer service charges set forth on municipal service bills shall be delinquent if not paid when the municipal service bill is due; otherwise, within fifteen (15) days from the date the bill is delivered or mailed.

D. Deposits: The City, at the discretion of the Financial Services Director or the designee of the Financial Services Director, may require a deposit from anyone contracting with the City, equal to twice the estimated amount of the monthly or billing period bill. Deposits shall be mandatory in instances where service was terminated due to delinquent payment of bills and in instances of habitual delinquency in paying bills. Service will be furnished to any consumer who fully and truly sets forth all the purposes for which water may be required and who agrees to and conforms with all rules and regulations governing the service; provided the purposes set forth comply with all the City’s rules, and that the system of building sewers and pipes extends to the point where service is desired, and is adequate to supply the services applied for. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

When there is more than one dwelling unit, business, industry, or other use on any premises serviced by a single water meter, the sewer service charge may be billed to the owner or lessor of the property, who shall collect such charges and transmit them to the City. If the owner or lessor fails to collect such charges and remit the same to the City, they shall be liable to the City for the payment thereof. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

In case of delinquency in payment of the sewer service charge, water service may be turned off until the amount of sewer service charge due is paid. An amount as specified in the Burbank Fee Resolution shall be paid to the Burbank Water and Power Department for the expense of turning the utility service off and on. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2935.]

Where no portion of the water supplied to any premises enters a public sewer of the City, no charges shall accrue under this article if an application for exemption is filed with the Director and they find that there is no discharge of any sewage, effluent, industrial waste or other waste matter from such premises into a public sewer of the City. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

A. Filing of Appeal: In any case where it is believed that a sewer service charge imposed by this article is excessive, the person responsible for paying such charge may apply to the Director for an adjustment by filing with the Director, within thirty (30) days from the date of service of such charge, a written dated affidavit containing:

(1) A description, or address of the property involved in the appeal.

(2) The name or names and mailing addresses, of all the appellants participating in the appeal.

(3) A brief statement setting forth the legal interest of each of the appellants in the building or land involved in the notice and order.

(4) A statement in ordinary and concise language of the facts supporting the adjustment.

(5) A statement of any material facts supporting the contentions of the appellants, specifically statements alleging discriminatory, unreasonable, or unfair charges.

B. Collection of Additional Information: The Director may make a determination based upon the request for adjustment or request a hearing to gather additional information. Based upon this determination, the applicant may waive the opportunity for a hearing of the appeal.

C. Notice of Hearing: Provided that the opportunity for appeal has not been waived by the applicant, and as soon as practicable after receipt of any appeal filed pursuant to this section, the Director shall set the date for hearing the appeal. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the Director. The Director shall give written notice of the time and place of the hearing to each appellant by causing a copy of such notice to be delivered personally or by mailing a copy thereof, postage prepaid to the address shown on the appeal.

D. Determinations: If the Director determines that the charge is excessive, they shall adjust the charge so that it is fair, reasonable, and nondiscriminatory. If the charge has already been paid, they shall order a refund of the excess paid during the year immediately preceding the date of application for adjustment. Charges which are delinquent for more than ninety (90) days shall not be subject to adjustment.

E. Hearing Procedures: The hearing shall be informally conducted and the technical rules of evidence shall not apply, except that irrelevant evidence shall be excluded. Oral evidence shall be received only on oath or affirmation. During the course of the hearing the Director may visit and inspect any building or premises involved in the proceedings, and may there receive oral testimony of any sworn witness. The appellant may be represented by an attorney or other representative. The hearing may be recorded.

F. Order Of The Director: At the conclusion of the hearing, the Director may affirm, reverse, modify, or set aside the order or action appealed. The decision of the Director shall be final. [Added by Ord. No. 2318. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2589.]

The sewer service charge imposed by this article shall constitute a debt due to the City and in the event any bill for sewer services is not paid in accordance with the provisions of this article, the Burbank Fee Resolution, or the rules and regulations of the Director, the amount of such unpaid bill may become a lien upon the real property and be collected at the same time and in the same manner as all taxes on real property in the City. [Added by Ord. No. 2310. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2318.]