Colton Municipal Code Ch. 13.16 Sewer Service Charges

"Apartment" means a Building or portion thereof containing three or more Dwelling Units.

"City" as Used herein means the City of Colton.

"Commercial and/or Industrial User" means any User not defined as a Residential User.

"Duplex" means a Building containing two Dwelling Units.

"Dwelling Group" means two or more Buildings on any one Lot, containing three or more Dwelling Units.

"Dwelling Unit" means a suite of one or more rooms which is occupied by or intended to be occupied by one Family doing its own cooking.

"Lot" means a Parcel of land consisting of one or more contiguous Lots of record in one ownership.

"Outside User" means any Person responsible for payment of sewer service Fees for Premises served outside the City limits.

"Premises" means any Lot, piece or Parcel of land, any Building or other Structure or any Part of any Building or Structure Used or Useful for human habitation or gathering or carrying on any Business or occupation.

"Residential User" means any User whose Premises are Used solely for residential purposes as defined herein.

"Sewerage System" means those pipelines and appurtenances constructed, maintained and operated by the City primarily for the collection of Sewage and the conveyance thereof to the Sewage plant owned and operated by the City.

"User" means any Person responsible for payment of sewer service Fees for Premises served as provided in this chapter.

(Ord. 930 § 1, 1956)

Every Person whose Premises in the City are served by a connection with the Sewerage System of the City, whereby the Sewage or industrial wastes, or either or both, are disposed of by the City, either through the facilities of the Sewage treatment and Sewage disposal works owned by the City, or otherwise, Shall pay a sewer Rental charge as based in Sections 13.16.030 through 13.16.110.

(Ord. 930 § 2 (part), 1956)

Wastewater sewer service charges Shall be as set forth in Exhibit A, Attached to the Ordinance codified in this chapter and on file in the office of the City Clerk.

(Ord. 0-09-03 § 1, 2003: Ord. 0-14-98 § 1, 1998: Ord. 0-11-98 § 1, 1998: Ord. 0-13-96 § 1, 1996; Ord. 0-7-89 (part), 1989: Ord. 1592 §§ 1, 2, 3, 1980; Ord. No. O-07-14, § 3, 7-1-14)

Wastewater capacity charges and Wastewater Discharge Permit Fees Shall be as set forth in Exhibit B, Attached to the Ordinance codified in this chapter and on file in the office of the City Clerk. Notwithstanding the provisions of such Exhibit B, however, with regard to all residential units in existence as of July 1, 1997, where an individual Single Family residential Property Owner or a majority of the Residents in a Multifamily Residential Development qualify as low and very-low income families as determined in accord with the standards set forth in the California Health and Safety Code Sections 33000 et seq., and where a Connection Order has been issued by the Regional Water Quality Control Board, the residential charges and Fees Shall be subject to reduction to the extent deemed appropriate by Application to and Approval of the City Council after review and upon the recommendation of the Utilities Commission.

(Ord. 0-10-97 § 1, 1997: Ord. 0-13-96 § 2, 1996; Ord. 0-7-89 (part), 1989: Ord. 930 § 2(a), 1956)

The Wastewater revenues Shall be solely Used to pay for the public secondary and tertiary Wastewater facilities (operations and maintenance, expansions and upgrades).

(Ord. 0-13-96 § 3 (part), 1996: Ord. 0-7-89 (part), 1989: Ord. 930 § 2(b), 1956)

On or about March of each Year, the Water and Wastewater Director Shall determine the portion of Wastewater service charges and capacity charges which have been paid, to determine if there is a reasonable relationship between said charges and said purposes. The estimated cost for needed public secondary and tertiary Wastewater facilities' operations and maintenance, expansions and upgrades Shall be updated annually.

(Ord. 0-13-96 § 3 (part), 1996: Ord. 0-7-89 (part), 1989: Ord. 930 § 2(c), 1956)

Each Year the Water and Wastewater Director Shall report the findings to the City Council, and if deemed appropriate, recommend any adjustments or other action, as May be needed, to the Wastewater service charges and capacity charges.

(Ord. 0-13-96 § 3 (part), 1996: Ord. 0-7-89 (part), 1989: Ord. 930 § 2(d), 1956)

Notwithstanding anything to the contrary, herein stated, the Council Shall have the power to establish, by agreement or Resolution, the rate or rates to be charged for furnishing sewer services to governmental agencies and to any other Person, firm or corporation either within or without the municipal limits of the City when the circumstances and conditions relating to the Use of said services are of an unusual, unique, abnormal or special situation or character upon such terms and rates as the City Council in its sole opinion deems reasonable.

(Ord. 930 § 2(i), 1956)

A. It Shall be the duty of the City Collector to collect all charges herein Approved for.

B. The charges herein fixed for any Premises Shall be collected with the charges and rates for water and disposal service furnished by the City to the Premises. The charges herein fixed Shall be billed upon the same bill as is prepared for charges for water and disposal service, and Shall be billed monthly at the same time that such charges for water and disposal services are due and payable. The amount due for all such services May be set forth on one statement or separately on the same bill, at the discretion of the City Collector.

C. The City Council Shall, by Resolution, when it deems the same necessary, provide for the payment in advance of a reasonable deposit with the City Collector to insure collection of any charge herein fixed.

(Ord. 930 § 3, 1956)

The Owner of Record of any Premises using the services provided herein Shall be primarily responsible for the payment of such services and the acceptance thereof Shall be deemed consent to pay for same as provided herein; provided, however, the Tenant or any other Person, firm or corporation May assume liability therefor by requesting the service and signing the Application therefor or by using the service for their own Use and benefit and by the requesting and/or Use of such services, it Shall be deemed that the Party or parties by said Acts agree to be also primarily liable for such charges jointly and severally with the record Owner of the Premises and the City Shall collect the same from either or both the record Owner and the other parties as the City deems most convenient.

(Ord. 930 § 4, 1956)

Notwithstanding anything to the contrary contained herein, the City Council Shall have the power to adopt by Resolution rates for services referred to herein in excess of those provided herein and to make such other terms and conditions as it May deem advisable for the proper Use of the Sewerage System in the case of any Person, firm or corporation using such services that produces Sewage which has a five-Day Biochemical Oxygen Demand in excess of six hundred Parts per million by weight and said rates May be graduated and such terms and conditions May vary amongst such Users depending upon the increase of such Biochemical Oxygen Demand.

(Ord. 930 § 5(a), 1956)

No Person, firm or corporation Shall deposit Sewage in the Sewerage System that produces a five-Day Biochemical Oxygen Demand in excess of six hundred Parts per million by weight without obtaining a Permit allowing such deposit from the City Engineer or his Designee.

(Ord. 0-16-05 § 4, 2005: Ord. 930 § 5(b), 1956)

Application for a Permit to Discharge such wastes into the Sewerage System Shall be in writing and Shall contain the Following information:

A. Name and address of Applicant;

B. Proposed location of connection;

C. Estimated gallonage of wastes proposed to be Discharged, estimated time of Discharge, time of peak loads, and other similar data;

D. Character of waste proposed to be Discharged;

E. Other information as May be deemed necessary by the City Engineer or his Designee.

(Ord. 0-16-05 § 5, 2005; Ord. 930 § 5(c), 1956)

Upon receipt of an Application as provided, the City Engineer or his Designee Shall promptly make such investigation as he Shall deem necessary. In the event that the City Engineer finds and determines:

A. That the sanitary waste pipeline in which the connection is to Discharge has sufficient unused carrying capacity for the disposition of these wastes;

B. That the character of the wastes proposed to be Discharged by the Applicant is such that they can successfully be treated in the Sewage facilities of the City;

C. That such wastes will not result in damage to the Sewage treatment facilities or Sewerage System, then the City Engineer or his Designee Shall issue a Permit to the Applicant as requested.

(Ord. 0-16-05 § 6, 2005: Ord. 930 § 5(d), 1956)

The City Engineer or his Designee, at his discretion, and toward the end of fulfilling the intent and purposes of Sections 13.16.140 through 13.16.190, May grant a Permit in Part only and May thereupon prescribe conditions with respect to Discharge of such waste into such systems and May require treatment thereof, the maintenance of individual screens to collect waste products and/or May require the construction and Use of tanks designed to equalize flow and reduce peak load.

(Ord. 0-16-05 § 7, 2005: Ord. 930 § 5(e), 1956)

A. In the event that after the granting of a Permit, as provided for in Sections 13.16.140 through 13.16.180, it Shall develop, by reason of increased flow, change of character of Discharge or for any cause whatsoever that it becomes necessary or desirable to change the conditions prescribed at the time of issuing the Permit, then the City Engineer or his Designee May revoke the Permit, or May impose further conditions with respect thereto, toward the end of remedying such conditions.

B. The Applicant Shall upon demand supply to the City at the cost of the Applicant a report and test satisfactory to the City determining the five-Day Biochemical Oxygen Demand that the Applicant's Sewage produces upon such terms and conditions and at such times as the official deems reasonable.

(Ord. 0-16-05 § 8, 2005; Ord. 930 § 5(f), 1956)

In the event that any Person fails to pay any charge herein provided when the same becomes due, the City may, in addition to any other remedies it has, cut off any of the services and facilities referred to in this chapter, including the service of water, and Shall not resume the same until all delinquent charges together with any charges necessitated by resumption of such services and facilities have been fully paid. Failure to receive a bill for the sewer service does not relieve the consumer of the liability. When sewerage service has been discontinued for failure of payment of a sewerage service bill, the consumer Shall pay a service charge of five dollars or such other sums as the City Council by Resolution Shall determine; provided, however, the reinstatement charge May be waived by the City when it has been shown, to the satisfaction of said official, that the Person, firm or corporation requesting the reinstated service was not liable for such delinquent charges and the record Owner had no Notice or opportunity to pay same before the service was disconnected.

(Ord. 930 § 6(a), 1956)

Any amount due for sewerage Rental under this chapter is deemed a debt to the City, and any Person, firm or corporation failing, neglecting or refusing to pay the indebtedness Shall be liable to an action in the name of the City in any Court of competent jurisdiction for the amount thereof including Court costs and Attorney Fees incurred by the City in collecting the same.

(Ord. 930 § 6(b), 1956)

The effective date of this chapter is the first Day of February, 1957, on which date the charges for the services mentioned herein Shall commence.

(Ord. 930 § 7, 1956)

All funds and moneys received from the collection of sewer service charges as herein established Shall be deposited with the City Treasurer and placed in the General Fund of the City. The accounting office Shall maintain a separate account in the General Fund known as the sewer service account. All funds and moneys received from the collection of sewer service charges as herein established Shall be credited to this account. The money of such account Shall be Used only for the acquisition, management, operation, maintenance, and reconstruction of sanitary or sewerage facilities; and to repay principal and interest on bonds heretofore or hereafter issued for the construction or reconstruction of such Sewage 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.

(Ord. 930 § 8(a), 1956)

The City Council May by Resolution hereafter amend or change, from time to time as circumstances and conditions May warrant, any and all rates, charges and payments of every nature set forth in Sections 13.16.020 through 13.16.230, and the City Council May hereafter adopt such rules and regulations as it deems advisable for the proper administration of the provisions of this chapter.

(Ord. 930 § 8(b), 1956)