Del Mar Municipal Code Ch. 11.32 Clean Water Storm Drain Program—general

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

A. Consumer means any person who uses the water, sewer and storm drain systems of the City of Del Mar.

B. Department means the Department of Public Works of the City. Action of the Department may be taken by the Director of Public Works or his duly authorized representative.

C. General Business/Institutional shall mean all businesses, offices, governmental agencies offices and any other similar user not otherwise included in another category.

D. Hotel/Motel means all living units of a transient nature including hotel and motel rental room units, and also living units of a permanent nature which do not contain any kitchen facilities. Excluded from the category are Major Full Service Hotels.

E. Major Full Service Hotel shall mean a full service facility having rooms, restaurant(s) and/or bars serving food, and/or providing room service from an onsite kitchen.

F. Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

G. Residential shall refer to all living or dwelling units (as defined by the Uniform Building Code) of a permanent nature, rather than transient nature, including single-family residences, apartments, manufactured homes, townhouses and condominiums.

H. Restaurants shall mean all establishments whose principal activity involves on-premise service of meals and food, including coffee shops and cafes. Also included in this category are bakeries of baked goods onsite.

I. Shopping Center shall be defined as more than one commercial unit connected to the same water meter where at least one business exists whose principal activity falls into the restaurant category.

(Ord. No. 755)

The service charges for each residential, commercial or other persons using the storm drain system of the City shall be fixed by ordinance of the City Council, following notice of hearing pursuant to California Government Code § 54354.5.

All Clean Water Program charges imposed under the provisions of this Chapter shall be due and payable at the time and in the manner provided for the payment of water and sewer bills. Such Clean Water charges shall be on the same bill on which the water and sewer are billed, and shall be subject to the same penalties for delinquency. Such combined bill for water consumed, for sewer service, and for the Clean Water program shall be paid in its entirety and may not be severed for the separate payment of any portion thereof.

The service charges for use of the storm drain system of the City shall be imposed upon all residential, commercial, and institutional consumers of the City's water service, set forth in Title 21 of this Code. The service charges shall be based on subsequent past meter sizes and commodity changes set forth in Titles 21 and 22 of this Code, and as set forth below:

A. Monthly Commodity Charge. The monthly commodity charge for residential, commercial, and institutional customers is based on 100 percent of water furnished, as measured through a water meter. The rate per unit (100 cubic feet "HCF") of water used shall be set as follows effective on January 1 of the years identified below:

B. Monthly Service Charge.

1. Single-Family. The monthly fixed Clean Water Program service charge for single-family residences shall be set as follows, regardless of meter size, effective on January 1 of the years identified below:

2. Multi-Family, Commercial, Institutional. The monthly rates shall be effective on January 1 of the years identified below:

3. Sewer Only Customer. The monthly rates shall be increased yearly beginning January 1, 2015 and thereafter as identified below:

(Ord. No. 756; Ord. No. 819; Ord. No. 903)

Revenues derived under the provisions of this Chapter shall be used only for the operations, construction, re-construction, and maintenance of the Clean Water Program.

In case a house or place of business becomes vacant, the regular minimum Clean Water charge shall be charged and collected from the owner or the occupant of the property until the day upon which the office of the department is notified in writing of the fact that the property is unoccupied, and is requested to shut off water and sanitary service.