Corona Municipal Code Ch. 13.12 Sewer Connections

The purpose of this chapter is to provide for a fair and equitable schedule of charges for services and facilities furnished by the city sewerage system, to provide for the procurement of a permit from the Director of Utilities for making connections with the public sewers and to establish a sewer assessments fund into which these charges may be deposited and from which moneys will be available for the purpose of defraying the cost of replacement and expansion of the sewerage system and sewage disposal plant of the city.

(`78 Code, § 13.12.010.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

The following definitions shall govern the construction of this chapter and any permits issued thereunder unless otherwise apparent from the context. Singular includes plural, and the plural includes the singular.

“Assessment district” is any subdivision of territory in which a separate assessment of taxable property is made over and above general assessments made on the city in general.

“Building” is any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

“Building Official” is the officer or other designated authority charged with the administration and enforcement of the Uniform Building Code and the Uniform Building Code Standards or the Building Official’s duly authorized representative.

“City sewerage system” refers to those pipelines, plant facilities and appurtenances constructed, maintained and operated by the city or constructed by others but owned by the city primarily for the collection of sewage and the conveyance thereof to the sewage treatment plant for the treatment of sewage.

“City Treasurer” refers to the City Treasurer of the City of Corona.

“Connection charge” is a charge to be imposed upon an applicant for a permit to connect to the city sewerage system and shall be imposed where specified in addition to any construction charge imposed.

“Construction charge” is a charge to be imposed upon any applicant for a permit to connect property with the city sewerage system to cover the cost of a fair and proportionate share of those sewer lines and appurtenances that are in place and benefit the property being connected.

“Director” means the Director of Utilities of the Utilities Department of the City of Corona, California, or his or her designee or any other designated city employee responsible for administration of the Utilities Department.

“Discharge flow rate” is the rate of flow of sewage to be discharged to the sewer.

“Domestic sewage” is the water-borne wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private sewage disposal system.

“Dwelling” means any structure used for human habitation.

“Habitation” means “dwelling.”

“Industrial waste” means any and all waste substances, liquid or solid, except domestic sewage from any producing, manufacturing or processing operation of whatever nature.

"Interim sewer capacity" shall mean the sewer capacity purchased by a non-profit organization for use at an interim use facility over and above the sewer capacity associated with that facility as determined by the city.

"Interim use facility" shall mean any building or structure, and related appurtenances thereto, used by a non-profit organization for a temporary purpose pending a permanent location within the city.

“Lot” means any piece or parcel of land bounded, defined or shown upon a plat or deed recorded in the office of the County Recorder of Riverside County, California, and in accordance with the boundaries of such lot as bounded, defined or shown upon such recorded map, plat or deed; provided, however, that in the event any building or structure covers more area than one “lot” as defined in division (M), the term “lot” includes such pieces or parcel of land upon which the buildings are wholly or partly located.

“Masculine” includes the feminine and neuter.

"Non-profit organization" shall mean any organization which is exempt from federal income tax pursuant to Internal Revenue Code of 1986 § 501(c), as amended from time to time.

"Non-profit property" shall mean that portion of real property operated by a non-profit organization for any purpose which would qualify the non-profit organization as an exempt organization pursuant to Internal Revenue Code of 1986 § 501(c), as amended from time to time.

“Parcel” has the same definition as “lot.”

“Plumbing permit” is any permit required by the ordinances of the city for the installation of plumbing.

“Processing waste” means processing industrial waste.

“Property” has the same definition as “lot.”

“Public sewer” means a main line sanitary sewer dedicated to public use.

“Sewage” means any water-borne or liquid wastes, including domestic sewage and industrial waste, but does not include or mean stormwater, groundwater, roof or yard drainage.

“Shall,” whenever used, is mandatory and “may” is permissive.

“Structure” means any building or improvement artificially built up or composed of parts joined together in some definite manner, including, but not limited to, dwellings, commercial structures, industrial structures, schools, churches or hotels and shall include any detached subordinate structure located on the same lot as the main structure, the use of which is customarily incidental to that permitted in the main structure or to the land upon which the main structure is located, including, but not limited to, laundry rooms, garages, hobby shops, guesthouses and swimming pools connected to the building sewer.

"Water Reclamation Capacity Fund" is a special fund created by the City Council, the funds of which shall be used only for the purpose of expansion of the city sewerage system.

(`78 Code, § 13.12.020.) (Ord. 3346 § 4, 2022; Ord. 2309 § 1, 1997; Ord. 1682 § 3, 1983.)

Whenever reference is made to any portion of this chapter, such reference applies to all amendments and deletions thereto now or hereafter made.

(`78 Code, § 13.12.030.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

Whenever a power is granted to or a duty is imposed upon the Director or other city officer by provisions of this chapter, the power may be exercised or the duty may be performed by a deputy of the officer or a person authorized pursuant to law by the officer, unless this chapter expressly provides otherwise.

(`78 Code, § 13.12.040.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

All house laterals, industrial connection sewers and appurtenances thereto now existing or hereafter constructed shall be maintained by the owner of the property served in a safe and sanitary condition and all devices or safeguards which are required by this chapter for the operation thereof shall be maintained in good working order.

(`78 Code, § 13.12.050.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

(A) All plumbing affecting the sanitary condition of any building or structure shall be connected to a public sewer, if such sewer is located within a public street, alley or right-of-way on which the property containing the building or structure abuts and if such sewer is within 200 feet of such property.

(B) Except as is provided in divisions (C) and (D) of this section, it is unlawful for any person, firm or corporation to erect, construct or maintain any cesspool, septic tank or other individual sewage disposal system upon any property within the above distance from the public sewer.

(C) Upon any property where an individual disposal system has been maintained prior to the construction of such public sewer, the owner or occupant thereof shall not be required to connect with the public sewer so long as the cesspool or septic tank is sufficient and adequate as determined by the Building Official in accordance with proper sanitation practices.

(D) The requirements of divisions (A) and (B) of this section shall not be construed to prevent an applicant attempting, pursuant to Chapter 18.04, to pre-qualify a residential improvement to be located as set forth in division (A) of this section from doing the following:

(1) Installing sewer facilities for eventual connection to the public sewer system when the Director requires such connection; and

(2) Installing an acceptable individual sewage disposal system for temporary use until the Director requires connection to the public sewer system. The Director shall require connection to the public sewer system as soon as practicable after adequate capacity to treat such sewage becomes available and all temporary use of individual disposal systems permitted under this subsection.

(`78 Code, § 13.12.060.) (Ord. 3346 § 4, 2022; Ord. 2309 § 2, 1997; Ord. 1682 § 3, 1983.)

It is unlawful for any person, firm or corporation to connect any property with any public sewer or increase the number of plumbing fixtures on any property without first obtaining a permit from the Director as provided in this chapter.

(`78 Code, § 13.12.070.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

Any person, firm or corporation desiring a permit to connect property with a public sewer shall make application therefor to the Director and concurrently with the issuance of the permit shall pay the construction and connection charge in the amounts computed as provided in this chapter. The application for the permit shall be in writing on a form provided by the Director and shall contain a correct legal description of land which is to be included in the permit.

(`78 Code, § 13.12.080.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

(A) The Director shall consider each application and determine whether the public sewer is of such capacity and construction that the desired connection may be made in accordance with the proper engineering and construction practices and whether the property has been assessed or the owner of the property has contributed to the cost of construction of the sewer.

(B) No charge or fee for the construction of the sewer shall be charged if the Director determines that:

(1) The land is part of an assessment district upon which the cost of construction of the sewer was assessed according to benefits derived from the construction of the sewer as a local or district sewer as distinguished from an outfall sewer;

(2) The owner of the land, or his or her predecessor in interest, constructed the sewer or contributed to the cost of its construction.

(`78 Code, § 13.12.090.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

If the Director has determined the property described in the application for a permit has not been assessed the proportionate cost of the public sewer, or the owner of the property, or his or her predecessor in interest, has not paid for the construction of the public sewer, as stated in § 13.12.090(B)(2), the applicant shall pay a construction charge to the city, of which the amount and manner and time of payment shall be as established by resolution of the City Council or any amendments thereto. Any person proposing to connect to the public sewer for the use of any building or structure proposed to be constructed by the person shall pay in full the construction charge prior to a building permit being issued to the person for the construction of the building or structure, except as otherwise provided in a payment plan entered into by the applicant and the city.

(`78 Code, § 13.12.100.) (Ord. 3346 § 4, 2022; Ord. 2909 § 1 (part), 2007; Ord. 1682 § 3, 1983.)

Whenever the Director finds that the property described in the application lies within a reimbursement district, formed by the city for the purpose of collecting a fee from the owners of property connecting to a sewer constructed by a subdivider that can or will be used by property outside of his or her subdivision and for which the city has reimbursed or has agreed to reimburse such subdivider, as provided in Business and Professions Code § 11544, the charge shall be based on a frontage or area rate established by the Director on the basis of the actual cost of construction of the sewer plus 10%. In no case shall the charge as provided in this section be less than $100.

(`78 Code, § 13.12.110.) (Ord. 3346 § 4, 2022; Ord. 1682, § 3, 1983.)

(A) The city’s sewer service to the ‘Green River Area’ shall be governed by the provisions of the August 5, 1987 Agreement between the City of Corona and the Western Municipal Water District of Riverside County entitled “Agreement Re Water and Sewer Service in the Green River Area." It is understood that the provisions of this Agreement are limited in their application to the "Green River Area" as defined therein.

(B) Day-to-day operations shall be governed by Corona's Sewer Rules and Regulations. Pursuant to Resolution No. 83-55; any change in sewer rates may be implemented by resolution.

(C) Any other issues that arise in the ‘Green River Area’ that are not covered by that Agreement shall be governed by the Sewer Rules and Regulations of the City of Corona and any ordinances and resolutions pertaining thereto.

(D) If the regulations, ordinances or resolutions are in conflict with the Agreement, the provisions of the Agreement are controlling.

(`78 Code, § 13.12.115.) (Ord. 3346 § 4, 2022; Ord. 1875 § 1, 1988.)

No applicant for permit to connect to the City's public sewer shall be granted a permit for such connection until he or she has paid a sewer connection charge of which the amount, manner and time of payment shall be established pursuant to law by the City Council and any amendments thereto. Any person proposing to connect to the public sewer for the use of any building or structure proposed to be constructed by the person shall pay the sewer connection charge prior to a building permit being issued to the person for the construction of the building or structure, except as otherwise provided in a payment plan entered into by the applicant and the city.

(`78 Code, § 13.12.120.) (Ord. 3346 § 4, 2022; Ord. 2909 § 1 (part), 2007; Ord. 2244 § 6, 1995; Ord. 1682 § 3, 1983.)

(A) Increased sewer capacity. If the city determines that an existing sewer customer is discharging a greater volume of wastewater into the city’s sewer system than the customer has rights to discharge, the city shall impose a charge for increased sewer capacity, in an amount established by resolution or ordinance of the City Council. The charge shall be sufficient to provide for the sewer capacity actually used by the customer. The Director may provide for delayed payment of the sewer capacity charge if customer is eligible for a payment plan described in § 13.14.060.

(B) Transfer of interim sewer capacity. Subject to the prior written approval of the Director, a non-profit organization shall be permitted to transfer interim sewer capacity purchased for an interim use facility, along with any associated payment plan entered into by the non-profit organization pursuant to § 13.14.060 for such interim sewer capacity, to the non-profit organization's non-profit property at such time that the non-profit organization ceases use of the interim use facility. The sewer capacity for the real property upon which the interim use facility is located that existed prior to the non-profit organization's purchase of interim sewer capacity shall remain with that property. In the event the non-profit organization's non-profit property requires less sewer capacity than that which was purchased for the interim use facility and transferred to the non-profit property, the non-profit organization shall not be entitled to reimbursement of any amounts paid in excess of the sewer capacity required for the non-profit property.

(Ord. 3346 § 4, 2022; Ord. 2909 § 1 (part), 2007.)

Where a structure is constructed on a parcel of ground which formerly contained a structure which had been connected to the city sewerage system or where plumbing fixtures are being added in an existing structure, a credit toward the connection charge based upon fixture unit charges as specified in this chapter shall be allowed as determined by the Director.

(`78 Code, § 13.12.130.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

The money collected under this chapter shall be deposited in a special fund to be known as the Water Reclamation Capacity Fund of the city and shall be used only for the purpose of expansion of the sewage disposal system of the city.

(`78 Code, § 13.12.140.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

The Director shall keep a permanent record of all applications and a permanent and accurate account of all payments received under this chapter.

(`78 Code, § 13.12.150.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

(A) When the city has formed a reimbursement district, as provided in Business and Professions Code § 11544, the Director shall, before the work included in such district is accepted, determine the cost therefor and prorate this cost against all of the land which, in his or her opinion, will ultimately benefit from the work. The proration shall be based upon frontage or such other method as, in the opinion of the Director, will provide an equitable sharing of cost.

(B) The Director shall further determine the cost incurred by each person who has participated in the expense of the work. After considering the pro rata share of each such person’s cost as based upon the benefit derived from the work, the Director shall finally determine the total maximum amount which any person shall subsequently be entitled to receive as a reimbursement from persons connecting to the work.

(C) Money which is to be paid as reimbursement shall be paid to each person entitled to receive it in proportion to the outstanding balance which each such person is entitled to receive; provided, however, the reimbursement shall not be paid to a subdivider, as defined in Business and Professions Code § 11508, for a period greater than ten years, commencing on the date the subject sewer construction has been accepted by the city and not for a period greater than 30 years to a school district, commencing on the date the subject sewer construction has been accepted as completed by the city. Any person entitled to receive reimbursement under the provisions of this section shall keep his or her correct mailing address on file with the Director. In the event the Director is unable to locate any person entitled to receive reimbursement, he or she shall send a written notice to that person by registered mail to the last address filed with the Director by that person. The notice shall contain a statement of the amount and purpose of the particular reimbursement and shall state that if the person receiving the notice does not claim his or her portion of the reimbursement within one year from the date of the notice, all rights of that person to that particular reimbursement will be forfeited.

(D) Any portion of a reimbursement which remains unclaimed for one year after the date of the notice mentioned in division (C) of this section shall be paid as previously provided to other persons who may be entitled to receive the reimbursement by reason of succession to reimbursement rights. If any money is available for reimbursement and remains unclaimed for one year after the date of the notice, and no other person is entitled to receive it, this money shall be paid into the Water Reclamation Capacity Fund. The right to receive a reimbursement may be transferred by the person entitled to receive it by filing a statement of transfer with the Director on a form for transfer to be furnished by the Director.

(E) Any person, firm or corporation entitled to receive reimbursement pursuant to ordinances repealed by this chapter shall continue to be entitled to same as provided therefor in such ordinance.

(`78 Code, § 13.12.160.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

Payment of sewer construction and sewer connection charges does not exempt the applicant from fees required pursuant to other chapters of this code for inspections and other permits.

(`78 Code, § 13.12.170.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

The material used shall be equal in quality to and the manner of construction shall meet all the requirements prescribed by the specifications for public sewers in the city as may be adopted from time to time by the City Council.

(`78 Code, § 13.12.180.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

Every sanitary sewer constructed in any public street, alley, way, right-of-way or other public place by anyone with the permission of the city shall, upon acceptance of the construction by the city, become the property of the city.

(`78 Code, § 13.12.190.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

Any order, requirement, decision, determination, interpretation or ruling made by the Director in the administration or enforcement of this chapter may be appealed therefrom to the City Council by any owner or person aggrieved thereby. The appeal shall be filed in the office of the City Clerk within 15 days after the rendition in writing of the decision or determination appealed from. If the appeal is not filed within the time period, it shall be dismissed by the City Council. The appeal shall be filed in writing and must set forth specifically wherein there was some error or abuse of discretion by the Director. Upon hearing the appeal, the City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify in whole or in part the order, requirement, decision, determination or interpretation appealed from or make and substitute such other additional decisions or determination as it may find warranted under the provisions of this chapter.

(`78 Code, § 13.12.200.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

The Director shall enforce all provisions of this chapter and for such purpose shall have the powers of a peace officer. The powers shall not limit or otherwise affect the powers and duties of the City Attorney.

(`78 Code, § 13.12.210.) (Ord. 3346 § 4, 2022; Ord. 1682 § 3, 1983.)

Every person violating any provision of this chapter or any condition or limitation of permit issued pursuant thereto is guilty of a misdemeanor.

(`78 Code, § 13.12.220.) (Ord. 3346 § 4, 2022; Ord. 1809 § 40, 1986; Ord. 1682 § 3, 1983.)