Chino Municipal Code Ch. 13.16 Sewers—service Charges

This chapter is adopted pursuant to §§ 5040 through 5056 and §§ 5470 through 5473.11 of the Health and Safety Code of the state, and further pursuant to Section 11 of Article XI in the Constitution of the state.

(Prior code § 19-40.)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Premises" means any lot, piece or parcel of land, and building or other structure, or any part of any building or structure, used or useful for human habitation or gathering or for carrying on a business or occupation.

"Residential unit" means any premises having bathroom or toilet and kitchen plumbing facilities, suitable for residential occupancy by any number of persons living together as a single family, including single-family dwellings, and each group of rooms, constituting living quarters for a single family in any duplex, triplex, apartment, court or other multiple dwelling structure, but excluding any living or sleeping quarters in hotels, apartments, roominghouses, motels or auto courts where kitchen facilities are not provided. Each apartment, motel, or auto court unit where kitchen facilities are not provided will be considered one-half a residential unit.

"Sewage" means a combination of water or water-borne wastes conducted from residences, commercial buildings and institutions and which is known as domestic sewage and the liquid or water-carried waste resulting from commercial manufacturing or industrial operation or process, which water or water-borne wastes enter the system of sewerage or any part thereof of the city from any premises having a connection therewith or thereto.

"Sewer service" means the services and facilities for treatment and disposal of sewage.

(Prior code § 19-39.)

A. There is created a wastewater fund, which shall consist of three accounts, as follows:

1. Sanitary sewer collection account;

2. Sanitary sewage treatment account;

3. Storm drainage collection account.

B. All moneys received in payment of sanitary sewer collection, sanitary sewage treatment, and storm drainage collection fees shall be deposited with the city treasurer in one of the three accounts in the wastewater fund.

C. The moneys received into the sanitary sewer collection account shall be used for the maintenance, operation, administration and management, replacement, enlargement, construction, payment of debt service and maintenance of an adequate working reserve.

D. The moneys received into the sanitary sewage treatment account shall be used in payment of regional sewage treatment charges as provided by Chino Basin municipal water district as referenced in Section 13.16.042 of this chapter.

E. The moneys received into the storm drainage collection account shall be used for the maintenance, operation, administration and management, replacement, payment of debt service existing as of the date of the ordinance codified in this chapter, and maintenance of an adequate working reserve.

F. An appropriate fee shall be set to cover the costs included, as described, for each of the three portions of the city wastewater fund.

(Ord. 89-14 § 1 (part), 1989: Ord. 83-11 § 4, 1983.)

The city council may from time to time at its discretion and by resolution fix, alter, change, amend, or revise the charges and rates for services and facilities in connection with the sanitation and sewage system.

(Prior code § 19-44.)

A. Sanitary Sewer Service Charge Equivalent Dwelling Unit Calculation. The method of calculating an equivalent dwelling unit (EDU) shall be based on the formula utilized under contract with Chino Basin Municipal Water District for the sanitary sewage treatment charges.

B. Basic Sanitary Sewer Collection System Use Charges. The monthly use rate by category of user for connection to the city's sanitary sewer collection system, which shall be collected by the city's sanitary sewer utility shall be at the rate and effective dates fixed by resolution.

(Ord. 96-14 § 17, 1996: Ord. 89-14 § 1 (part), 1989: Ord. 82-12 § 1 (part), 1982: prior code § 19-41.)

The monthly service charge for services within the city's sphere of influence but outside the city limits shall be two times the normal rate charged within the city. Additionally, a ten percent surcharge shall be added to the normal city connection charges and acreage fees.

(Ord. 96-14 § 18, 1996: Ord. 82-12 § 2 (part), 1982.)

The city utility bill shall contain a separate line item which the city shall collect the Inland Empire Utility District sanitary sewerage treatment charge, which charge that the city shall collect shall be that rate which the district board determines shall be charged. Such rate shall be changed each time the district board revises its rates, and shall be passed on to the city of Chino sanitary sewer customers effective on the same date that the board makes its rate change effective, or as soon thereafter as possible in compliance with the applicable procedures prescribed by Section 6 of Article D of the California Constitution and other provisions of Proposition 218 contained in Articles XIIIC and XIID of the California Constitution, and by the Proposition 218 Omnibus Implementation Act contained in California Government Code Section 53750 et seq.

(Ord. 2008-09 § 1, 2008: Ord. 89-14 § 1 (part), 1989.)

A monthly fee for the city's storm drainage system shall be collected based on the rates and effective dates fixed by resolution.

(Ord. 96-14 § 19, 1996: Ord. 89-14 § 1 (part), 1989.)

The city council may require any person liable to pay any charge fixed in this chapter to make a reasonable deposit with the water department of the city to insure collection of any charges fixed in this chapter.

(Prior code § 19-46.)

It shall be the duty of the water department of the city to collect all charges provided in this chapter. The charges fixed in this chapter for any premises shall be collected with the charges and rates for water service and garbage and trash collection service furnished by the city to such premises and in the same manner. The charges fixed in this chapter shall be billed upon the same bill as is prepared for charges for water service and garbage and trash collection service. The total amount due for the charges fixed in this chapter and for charges for water service and garbage and trash collection service shall be paid as a unit.

(Prior code § 19-45.)

No sewer service charge will be levied under the provisions of this chapter on premises where water service has been discontinued.

(Prior code § 19-43.)

All funds and moneys received from the collection of sewer service charges, deposits, or delinquency charges, as provided for in this chapter, shall be deposited with the city treasurer who will credit such to the wastewater fund. These funds shall be expended for the management, operation, maintenance, construction, replacement, sewage treatment, and enlargement of the city's sanitary and storm sewer collection systems and retirement of interest and principal payments on outstanding sewer bonds.

(Ord. 83-11 § 18, 1983: prior code § 19-48.)

A. In the event any person fails to pay any charge imposed under this chapter when such charge becomes due, the city may, in addition to any other remedies it has, cut off the water service, sewer service, and garbage and trash collection service, and shall not resume the same until all the delinquent charges, together with any charges necessitated by resumption of such services and facilities, have been fully paid.

B. In addition to the remedy provided in subsection A of this section, the city may place a lien on any property whose owner is the occupant and fails to pay the duly invoiced charges for water, sewer, or garbage and trash collection services and such charges are delinquent. When a residential property is occupied by the owner of record of that property, the utilities accounts must be in the name of the owner. If there is more than one owner of a particular residential property, the utilities accounts must be in the name of at least one of the owners of record. Such liens are authorized by and shall be created pursuant to the procedure set out in Article 2 of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code, beginning with Section 54354, and may include any penalties to which the city is entitled. In addition, the city council, at its discretion, may adopt an appropriate resolution to place the amount of said delinquent charges on the San Bernardino County tax rolls for collection. The resolution of the city council shall conform with the county of San Bernardino auditor/controller-recorder's policies and procedures for applying special assessments to the tax rolls.

(Ord. 2006-15 § 1, 2006: Ord. 2006-01 § 1, 2006: prior code § 19-47.)