Corte Madera Municipal Code Ch. 21.40 Sewer User Service Charges

No facilities or services of the sewer system shall be furnished to any premises or to any owner or other person free of charge.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

For each improved premises connected or required by the district to be connected to the sewer system, the board of directors shall establish a minimum sewer user service charge to be applied to the improved premises in accordance with Health and Safety Code Section 5473. The minimum sewer user service charge shall be modified by the board of directors from time to time to reflect the district's estimated costs and revenues for the applicable fiscal year or years. With the exception of those properties that are not included on the county of Marin property tax roll, the sewer user service charge shall be collected with the general taxes on the county of Marin property tax roll and shall constitute a lien against the property as described in Section 5473 of the Health and Safety Code.

(San. Dist. No. 2 Ord. 39 § 1, 2005: San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

Editor's note— Ord. No. 49, § II, adopted June 18, 2024, repealed § 21.40.025, which pertained to Sewer user service charge and derived from San. Dis. Ord. 40, § 1, 2005; and Ord. No. 43, § 1, 6-1-10.

As used in this chapter, the minimum annual sewer user service charge shall be construed to mean the minimum amount chargeable for said sewer service; however, for any of the classifications listed in this chapter, the annual service charge may be more than that adopted by the board of directors pursuant to Section 21.40.020 when it is factually determined by district staff that it is uneconomical for the district to supply sewer services to the user for the minimum sewer user service charge.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

One sewer user unit shall be assigned to each dwelling unit including those contained in single-family buildings, multiple dwelling buildings and each dwelling unit contained in a commercial, or other improved premises in the manner set forth by this section.

(a) A single-family residence is assigned 1.0 sewer user unit.

(b) A multiple-family residential dwelling is assigned 1.0 sewer user unit per dwelling unit.

(c) Mobile Home or Trailer Court. 0.80 sewer user units will be assigned to each rental space provided with a sewer hook-up for a trailer intended to be fixed in the same space for six months or more. 0.25 sewer user units will be assigned to each rental space provided with a sewer hook-up for a transient trailer, camper or camping trailer.

(d) Hotel or Motel. 0.25 sewer user units shall be assigned to each guest room or suite contained in a hotel or motel.

(e) A residential apartment shall be assigned the number of sewer user units that is the greater of the following calculations:

(1) The percentage of occupancy of the residential apartment multiplied by the number of rooms available to rent on December 31st of the applicable year; or

(2) The winter consumption units for the residential apartment reported by the Marin Municipal Water District during the winter of the applicable year multiplied by .05 (i.e., bimonthly water consumption reading multiplied by one hundred divided by two divided by one thousand).

As used in this subsection "percentage of occupancy" shall be determined by applying the following three-step formula:

(1) Multiply the number of rooms that were actually rented in the residential apartment throughout the applicable calendar year by three hundred sixty-five;

(2) Multiply the number of rooms available for rent in the residential apartment on December 31st of the applicable year by three hundred sixty-five;

(3) Divide the answer in the first step by the answer in the second step. This number is the percentage of occupancy.

(f) Nonresidential Premises. For premises other than dwelling units, sewer user units shall be assigned based on the sewage discharge and strength of the premise. The winter water use for each nonresidential user shall be divided by one thousand cubic feet per month, which is deemed to be the average winter season residential use for the base year, to determine the sewer user units to be assigned. Sewer user units as calculated above shall be rounded to the nearest integer (not less than one).

(g) Base Year Water Consumption. Sewer user unit assignments are based on the latest winter season water consumption records available at the time of the first adoption of the ordinance codified in this section and may be revised from time to time. Water consumption by nonresidential users shall be adjusted upon request of the user, according to the decision of district staff, if a significant portion of the base year water consumption was used for irrigation flows and other flows not discharging to the sewerage system.

(h) High Strength Sewage. For certain nonresidential premises which discharge sewage having significantly greater strength characteristics as measured by concentration of solids or biological oxygen demand than residential sewage, the total sewer user unit assignment shall be determined by multiplying the units determined in subsection (f) by the strength factor shown.

For other users, if any, discharging high strength sewage, the strength factor shall be as determined by district staff.

(i) Inquiry Regarding Assignment of Sewer User Units and Strength Factors. Questions or inquiries regarding the assignment of sewer user units, adjustments therein for irrigation flows or other flows not discharging to the sewerage system and strength factors must be submitted to the district in writing before changes in unit assignment will be made. District staff shall have the authority to make appropriate adjustments in sewer user units and strength factors assigned based on factual data supplied by the user or obtained independently by district staff.

(j) Any decision of district staff made under this section may be appealed in accordance with this title.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

For all properties that are connected to the district sewer system which are not included on the county of Marin property tax roll, the property owner shall be directly billed by the district on or after February 1st of each year for the annual sewer user service charge and related fees in the amount set by the board of directors. Said charges and fees billed by the district shall be payable in one lump sum directly to the district and become due ninety days after the date of the billing. A twelve percent per annum rate of interest shall apply to any delinquent balance of charges and/or related fees.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

The sewer user service charge shall be collected by the county tax collector and shall constitute a lien against the property as described in Section 5473 of the Health and Safety Code of the State of California. Payments of sewer user service charges not made by the dates general property taxes are due shall be subject to a basic penalty of ten percent of the unpaid amount plus one and one-half of one percent per month of the unpaid amount plus basic penalty in accordance with Health and Safety Code Section 5473.10.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

The person responsible for payment of all charges under this chapter shall be the owner of the property being served.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

District staff may adjust the sewer user service charge for a sewer user who can demonstrate to the district that special circumstances exist which indicate that wastewater volume discharged into the district sewer system is lower than what the average sewer user discharges. Special circumstances can be demonstrated by showing that the sewer user's winter water consumption is significantly lower than the winter water consumption for the average user in the district.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)