Chico Municipal Code Art. II Sewer Service Fees

A monthly sewer service fee is hereby assessed and levied upon the owner of premises served by the sewer system. Such sewer service fee shall be based on a pro rata share of the cost of operating, maintaining, replacing, and improving sewer system facilities, as determined by the director in the manner hereinafter provided by this chapter, and shall be in addition to any water pollution control plant capacity fee, trunkline capacity fee, lift station capacity fee, sewer main installation fee, or sewer lateral installation fee assessed and levied pursuant to the provisions of this chapter. Sewer service fees shall be charged to all properties with lateral connections to the City sewer system regardless of whether the property is occupied or unoccupied.

(Ord. 1735 §1 (part), Ord. 2049 §7, Ord. 2092 §9, Ord. 2423 §1, Ord. 2599 § 1)

The monthly sewer service fee assessed and levied upon the owner of premises as provided by this article shall be established by resolution of the City Council.

(Ord. 1735 §1 (part), Ord. 1909, Ord. 1944 §1, Ord. 2029, Ord. 2103, Ord. 2113 §1, Ord. 2122 §1, Ord. 2271, Ord. 2423 §2, Ord. 2599 § 2)

The monthly sewer service fee assessed and levied upon the owner of premises served by the sewer system from the sewer service rates as provided by this article shall be based on the following:

A. Residential premises - The number of separate dwelling units on the premises on the first day of the month in which the sewer service fee is assessed and levied;

B. Nonresidential premises - The average monthly volume of wastewater discharged from such premises as determined by the director in the following manner:

1. Where the director finds that the premises were connected to the sewer system prior to the first day of the preceding month of December, finds that there has been no significant change in the type or intensity of the use of the premises on or after the first day of the preceding month of December, and finds that substantially all of the water used on the premises is supplied by a private water company and separately metered, then the director shall determine the average monthly volume of wastewater discharged to the sewer system from the premises on the basis of the average monthly volume of water supplied to the premises during the preceding months of December, January, February, March as shown on the bill presented to the owner of the premises by the private water company supplying substantially all of the water used on the premises.

2. Where the director either finds that the premises were connected to the sewer system on or after the first day of the preceding month of December, finds that there has been a significant change in the type or intensity of the use of the premises on or after the first day of the preceding month of December, or finds that substantially all of the water used on the premises is not supplied by a private water company, or separately metered, or finds that a substantial amount of the water supplied is not directed to the waste water stream but instead reused or consumed by an industrial or similar process or is incorporated into commercial products, then the director shall determine the monthly volume of wastewater discharged from the premises to the sewer system on the basis of all relevant information available to the director, including but not limited to the quantity of wastewater discharged to the sewer system from other premises within the city devoted to the same or a similar use.

(Ord. 1735 §1 (part), Ord. 2113 §1, Ord. 2268, Ord. 2356 §1, 2423 §3, 2507 §1, Ord. 2599 § 3)

Where premises served by the city's sewer system are identified as a categorical industrial use or a significant industrial use by the public works director, the monthly sewer service fee assessed and levied on the owner or user of such premises shall include an industrial wastewater surcharge as established by resolution of the city council.

(Ord. 2130 §1, Ord. 2364 §253, 2423 §4)

A. Where premises served by the sewer system are located within a lift station service area designated by the city council in the manner hereinafter provided by Article V of this Chapter and are connected to the sewer system by way of a sewer main or trunkline which is tributary to the lift station, the monthly sewer service fee assessed and levied on the owner of such premises in the manner required by this Article shall include a lift station surcharge, as determined from the lift station service rates established by resolution of the city council.

B. The city council shall adopt a resolution establishing lift station service rates for each lift station service area at the time of initially designating the service area and at the commencement of each fiscal year thereafter, and shall base the lift station service rates, as set forth therein, on all of the following factors:

1. The estimated monthly cost of operating and maintaining the lift station during the ensuing fiscal year and/or remaining portion of the current fiscal year;

2. The total number of dwelling units on all of the residential premises within the lift station service area then connected to the sewer system by way of a sewer main or trunkline tributary to the lift station, and the total quantity of waste water discharged from all of the nonresidential premises within the lift station service area then connected to the sewer system by way of a sewer main or trunkline tributary to the service area as measured in cubic feet;

3. That part of the estimated monthly cost of operating and maintaining the lift station which can reasonably be attributed to each dwelling unit located on residential premises then connected to the sewer system by way of a sewer main or trunkline tributary to the lift station; and,

4. That part of the estimated monthly cost of operating and maintaining the lift station which can reasonably be attributed to each cubic foot of waste water discharged from nonresidential premises then connected to the sewer system by way of a sewer main or trunkline tributary to the lift station.

(Ord. 2092 §10, Ord. 2113 §1, 2423 §5)

Notwithstanding any provisions of this article to the contrary, a monthly sewer service fee shall not be assessed and levied for premises occupied by the city.

(Ord. 1735 §1 (part))

The monthly sewer service fee assessed and levied upon the owner of premises served by this sewer system, as hereinbefore provided by this article, shall be billed or caused to be billed by the finance director on or after the first day of the month in which the service is rendered. The monthly sewer service fee so billed shall be payable on the date the bill is mailed or personally delivered to the owner of the premises and shall be delinquent fifteen days thereafter if not paid. Delinquent sewer fees shall be subject to an administrative collection fee of 10% per annum calculated on the amount due on the delinquency date. The administrative collection fee shall be calculated on a daily basis but shall not be compounded.

(Ord. 1735 §1 (part), Ord. 2113 §1, Ord. 2599 § 4)

Delinquent sewer fees as defined in Section 15.36.070 may be collected by any of the following methods.

A. Administrative collection on county tax roll. The City Manager or his/her designee may collect delinquent sewer fees by placing them on the Butte County Tax Roll in accordance with the following provisions:

1. The City Manager/designee shall cause a written report to be prepared each year which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the delinquent charges and administrative collection fees due for each parcel for the year. The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the County Clerk.

2. The City Manager/designee shall cause written notice to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as otherwise known to the City. Such mailed notice may be sent as part of a regular sewer utility bill if the addressee is the owner of the property.

3. The notice shall inform the owner of the property that if the delinquent fees are not paid within 30 days of the notice date, the delinquent fees will be placed on the Butte County Tax Roll to be collected in the same manner as property taxes. The notice shall also inform the owner that they may within 21 days of the notice date submit written objections to the collection of the delinquent sewer fees on the County Tax Roll stating specifically why the delinquent fees are not properly due and/or why the delinquent sewer fees should not be placed on the County Tax Roll for collection.

4. The City Manager/designee shall review all of the written objections timely received and may delete from the report any properties which were erroneously or improperly included in the report or that show just and reasonable cause why the property/owner should be deleted from the report.

a. The City Clerk shall cause notice of the filing of the report and of the time and place of the hearing thereon to be published pursuant to Section 6066 of the Government Code at least ten days prior to the date set for hearing, in a newspaper of general circulation printed and published within the City.

b. The City Council shall hold a public hearing on the report. At the time stated in the notice, the City Council shall hear and consider all objections or protests, if any, to the report. The City Council may continue the hearing from time to time. 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.

c. Upon the conclusion of the hearing, 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 the report, which determination shall be final. The City Council shall confirm the report by resolution.

5. Not later than August 10 of each year, or such earlier date as the County Assessor may request, the City Clerk shall file with the Butte County Auditor-Controller a copy of the report as finally adopted by the City Council, together with a statement endorsed thereon that the report has been finally adopted, and requesting the County Auditor-Controller to place those properties on the County Tax Roll for collection of delinquent sewer fees.

B. Administrative lien. The City Manager or his/her designee may collect delinquent sewer fees by recording a lien against all real property in Butte County owned by the party owing delinquent sewer fees to the City of Chico in accordance with the following procedures:

1. The City Manager/designee shall cause a written report to be prepared not more often than every three months which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the delinquent charges and administrative collection fees due for each parcel. The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the County Clerk.

2. The City Manager/designee shall cause written notice to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as otherwise known to the City. Such mailed notice may be sent as part of a regular sewer utility bill if the addressee is the owner of the property.

3. The notice shall inform the owner of the property that if the delinquent fees are not paid within 30 days of the notice date, the delinquent fees will be recorded as a lien against all property of the owner located in Butte County. The notice shall also inform the owner that they may within 21 days of the notice date submit written objections to the recordation of the lien stating specifically why the delinquent fees are not properly due and/or why the delinquent sewer fees should not be recorded as a lien against the owner's property.

4. The City Manager/designee shall review all of the written objections timely received and may delete from the report any properties which were erroneously or improperly included in the report or that show just and reasonable cause why the property should be deleted from the report.

5. If the delinquent sewer fees are not paid within the time allowed, the City Manager/designee shall cause the report, a list of delinquent properties, or individual properties (as requested by the Butte County Recorder) to be recorded with the Butte County Recorder as a lien against the identified delinquent properties.

C. Administrative agreement. The City Manager or his/her designee may collect delinquent sewer fees in accordance with the following procedures:

1. The City Manager or his/her designee may enter into written repayment agreements for delinquent sewer service charges with utility customers. Upon entering into a repayment agreement, the City Manager or his/her designee may waive any penalties, charges, and interest. Agreements may not exceed 36 months. If at any time payments are not received on a monthly basis, the agreement is void. In the event the utility customer does not meet the requirements of the repayment agreement, a collections administrative fee will be added to the amount due and filed for collections efforts.

2. In conjunction with a utility service repayment agreement entered into by and between the utility customer and the city, the City Manager or his/her designee may also require a stipulated utility service repayment lien and notice of intent for satisfaction of lien through proceeds of sale of the property to be entered into by and between the utility customer and the city. The city shall file the stipulated utility service repayment lien and notice of intent for satisfaction of lien through sale of property directly with the Butte County recorder.

D. Collection agency. The City Manager or his/her designee may collect delinquent sewer fees through the hiring of a licensed, bonded and reputable collection agency.

E. Court legal action. As a separate, distinct and cumulative remedy established for the collection of said charges and penalties thereon, an action may be brought in the name of the City of Chico in any court in the County of Butte to enforce collection of the amount of delinquent sewer fees and associated penalties or the municipal service lien for the charges and all penalties thereon. In such action, reasonable attorney's fees shall be awarded to the City of Chico.

(Ord. 2599 § 5; Ord. 2622 § 1)

Where the owner of nonresidential premises has paid a sewer service fee based on an estimate of the wastewater discharged from the premises as determined in accordance with Section 15.36.060 and the director finds that the average monthly volume of water supplied to the premises for the preceding twelve-month period from July 1st through June 30th is at least ten percent less than the average monthly volume of water supplied to the premises during the preceding months of December, January, February, and March, the finance director shall refund the difference between the fee paid for the twelve month period and the fee which would have been charged based on the lower water usage. Such a refund shall be made only upon application by the occupant of the premises who paid the fees and submittal of adequate documentation of the lower water usage.

(Ord. 1735 §1 (part), Ord. 2113 §1, Ord. 2356 §2, Ord. 2423 §6)