El Monte Municipal Code Ch. 3.01 Sewer Service Charge

A. The record owner of any real property parcel which is connected with and discharges sewage into the city's sewer system, shall pay a sewer service charge to the city. All record owners of real property parcels connecting to the city's sewer system shall be charged for such service in accordance with the use classifications, strength factors and rates set forth by City Council ordinance. As set forth in greater detail under Section 3.01.100, proceeds of the sewer service charge are intended to fund the operations, maintenance and capital costs associated with the city's sewer system. This sewer service charge shall remain in effect until repealed or modified by ordinance of the City Council.

B. Except as otherwise permitted under Section 3.01.020, below, the sewer service charge use classifications, strength factors and corresponding rates may be established, adjusted and/or amended from time to time by way of an uncodified City Council ordinance provided any such action is undertaken in compliance with applicable provisions of Article XIIID, Section 6 of the California Constitution and Health and Safety Code Section 5470 et seq., as the same may be amended or renumbered from time to time. The uncodified City Council ordinance setting forth the most recent schedule of use classifications, strength factors and corresponding rates shall be maintained by the City Clerk, the El Monte Finance Division and the El Monte Engineering Division as public records available for viewing and inspection.

C. The record owner of any real property parcel for which the sewer service charge has been imposed shall be responsible for payment of the sewer service charge. Any agreement to the contrary between a property owner and a third party, including a tenant, will not relieve the property owner of the responsibility to pay the sewer service charge.

(Ord. 2723 § 1 (part), 2008)

A. The amount of the annual sewer service charge levied upon each real property parcel shall be based on flow and strength methodology patterned after the methodology used by the Sanitation Districts of Los Angeles County which estimates the hydraulic loading and strength characteristics among varying classes of sewer system users. So that the established sewer service charge rates may keep up with inflation, the uncodified City Council ordinance setting such rates may provide for the annual increase of the rates at the beginning of each fiscal year; provided that any such annual inflationary increases may not exceed amounts equal to the lesser of the following: four (4) percent; or the percentage change in the Consumer Price Index for all items for the Los Angeles-Riverside-Orange County area over the course of the preceding fiscal year. No such annual inflationary increases may be imposed without first holding a noticed public hearing on the matter and any increases in excess of the amounts authorized under this section shall require the conduct of a majority protest public hearing in compliance with Article XIIID, Section 6 of the California Constitution.

B. Whenever the land use classification of a real property parcel connected with the city's sewer system is changed, the rate of the sewer service charge imposed upon the parcel shall be adjusted in the following fiscal year and imposed in accordance with the rate of the sewer service charge then in effect for the new use classification.

C. Whenever a real property parcel connected with the city sewer system is lawfully divided into two (2) or more separate real property parcels, each resulting real property parcel that is connected with the city sewer system shall be subject to the sewer service charge set forth under this chapter in accordance with the rate applied to the resulting land use classification associated with each resulting real property parcel. Any adjusted sewer service charge imposed upon the resulting real property parcels shall be adjusted in the following fiscal year and imposed in accordance with the rate of the sewer service charge then in effect for use classification of each new real property parcel.

D. Whenever two (2) or more real property parcels are lawfully merged to form a single real property parcel connected with the city sewer system, the resulting real property parcel shall be subject to the sewer service charge set forth under this chapter in accordance with the rate applied to the resulting land use classification associated with new real property parcel. Any adjusted sewer service charge imposed upon the resulting real property parcel shall be adjusted in the following fiscal year and imposed in accordance with the rate of the sewer service charge then in effect for use classification of the new real property parcel.

E. If a real property parcel connects to the city's sewer system without payment of a sewer service charge, the Director is authorized to require back charges in the event that the real property parcel has been discharging into the city sewer system. The back charges may be imposed for up to four (4) years in arrears.

(Ord. 2723 § 1 (part), 2008)

The city elects to have sewer service charges for each fiscal year collected on the Los Angeles County tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the ad valorem property tax. Except as provided for in Section 5473.8 of the California Health and Safety Code, the sewer service charge shall constitute a lien against each real property parcel with respect to which it has been charged.

(Ord. 2723 § 1 (part), 2008)

The remedies for collecting and enforcing the sewer service charge set forth in this chapter shall be cumulative and may be pursued alternatively, or any thereof may be used consecutively when the City Council so determines. If any one of such remedies is, or may be, invalid, all valid remedies shall remain effectual. The costs of collection and of the enforcement of the remedies for the collection of sewer charges may be from the revenues from such charges. Any holder of any bond outstanding at any time, which bond is payable from sewer charge revenues, may compel the use of any or all of the remedies provided in this chapter. The holder of any bond payable from the sewer service charge revenues, by mandamus, may compel the City Council to increase the sewer charges to the extent which will make them sufficient to provide enough moneys for the payment of the bonds.

(Ord. 2723 § 1 (part), 2008)

Consistent with subsection (B)(1) of Section 3.01.100, the Assessor, Auditor-Controller, Tax Collector and/or other subdivision of the County of Los Angeles may be compensated for services rendered on behalf of the city in connection with the levy, collection and enforcement of the sewer service charge in accordance with an agreement between the city and such entities for the collection of taxes, assessments, or property-related fees or charges for the city.

(Ord. 2723 § 1 (part), 2008)

A. On or before the close of each fiscal year, the Director, shall cause a written report to be prepared and filed with the City Clerk. The written report shall contain a description of each real property parcel subject to the sewer service charge and the total sewer service charge sum to be levied upon the parcel for the upcoming fiscal year. The total annual sewer service charge sum levied upon each parcel shall be computed in conformity with the methodology and rates set forth by the uncodified City Council ordinance adopted pursuant to Section 3.01.020. The written report shall also contain all such information as may be required under Section 5473 of the California Health and Safety Code.

B. The City Clerk shall give notice of the filing of the written report pursuant to Section 5473.1 of the California Health and Safety Code and shall also give notice of the time and place for a public hearing before the City Council with respect to the written report. Such public hearing shall be set no later than the first Tuesday in July of each year. If the public hearing is continued, such hearing shall be completed no later than the fifteenth day of July so as to provide sufficient time to format and forward all information and data to the appropriate county collection entities for timely placement on the upcoming property tax bill. The foregoing notwithstanding, the failure of the City Council to meet any of the internal deadlines set forth under this subsection shall not preclude the City Council from having the charge authorized under this chapter placed on the annual tax bill so long as the county deadlines for submitting all information and data can still be met.

C. At the time and place set forth in the City Clerk's notice of public hearing, the City Council shall hear and consider all objections or protests, if any, to the written report. If the City Council finds that protest is made by the owners of a majority of the real property parcels described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and not constitute a lien against any real property parcel.

D. Upon the conclusion of the public hearing, the City Council may adopt, revise, change, reduce or modify any charge or overrule any or all obligations and shall make its determination upon each charge as described in the written report. The determination of the City Council shall be final.

E. No later than the tenth day of August of each year, the City Clerk, as set forth under Section 5473.4 of the California Health and Safety Code, shall file with the Director a copy of the written report approved by the City Council. The City Clerk shall endorse upon the report a statement over the City Clerk's signature that the report has been finally adopted by the City Council. No later than the tenth day of August of each year, the Director in cooperating with the Deputy City Manager for Administrative Services shall ensure that all information and data approved by the City Council pursuant to this section is forwarded to the appropriate county collecting agencies for timely placement on the annual property tax bills.

(Ord. 2723 § 1 (part), 2008)

A. The total annual amount of the sewer service charge levied for a given fiscal year upon the record owner of a real property parcel may be reduced by a sum equal to forty (40) percent of the total annual amount levied, if the record owner (or at least one of the record owners if more than one) qualifies for the senior and disabled persons discount set forth under this section. No discount afforded under this subsection is intended to apply to nonresidential real property parcels or nonresidential portions of mixed-use developments.

B. The record owner of a real property parcel shall qualify for the senior and disabled persons discount, if all of the following requirements are met:

1. The real property parcel contains only one dwelling unit;

2. The dwelling unit is the record owner's domicile;

3. The record owner qualifies as a low flow water user in that the record owner's household water use averages no more than two hundred fifty (250) gallons per day over a period of one month for six (6) consecutive months as of the submission date of the discount application; or the household income of the record owner is no greater than that of "lower income households" as the same are defined under Section 50079.5 of the California Health and Safety Code;

4. The record owner qualifies as a "senior" in that he or she is, or will be, at least sixty-two (62) years of age prior to the end of the fiscal year for which the sewer service charge is levied; or the record owner is "disabled" within the meaning of Section 1614(a) of the Part A of Title XVI of the federal Social Security Act codified at 42 U.S.C.A. Section 1382; and

5. The record owner(s) timely submit(s) a senior and disabled persons discount application form referenced in subsection E of this section, below.

If the record owner is a living trust, the senior and disabled persons discount may be claimed by a named beneficiary under the living trust provided the named beneficiary meets all of the same requirements set forth under this subsection.

C. The total annual amount of the sewer service charge levied upon the record owner of a real property parcel for a given fiscal year may be reduced by a sum equal to forty (40) percent of the total annual amount levied, if the real property parcel qualifies for the senior rental housing discount.

D. A real property parcel shall qualify for the senior rental housing discount, if all of the following requirements are met:

1. The real property parcel contains one or more senior residential rental buildings;

2. The per unit daily water usage for all dwelling units contained within each senior residential rental building averages no more than two hundred fifty (250) gallons per unit per day over a period of one month for six (6) consecutive months from the date the discount application is submitted; and

3. The record owner(s) of the real property parcel timely submit(s) the senior rental housing reduction application form referenced in subsection E of this section.

For purposes of calculating the average daily water usage per unit, the water usage of all dwelling units within a senior residential rental building (including those dwelling units which may be occupied by on-site managerial or maintenance staff) shall be factored into the wage usage calculation.

E. On or before the close of business on June 15th of each fiscal year, a record owner seeking to claim the senior and disabled persons discount or the senior rental housing discount for the following fiscal year must file with the Director an application form requesting the discount along with any and all required documentation and/or data establishing the record owner's eligibility. If June 15th falls on a date in which the city of El Monte is not open for business, the deadline shall be extended to the close of business of the next business day. The Director shall prepare a form for such applications; may require that all applications be submitted on the designated form; and may request such confirming documentation and/or data as the Director deems necessary to verify an applicant's qualifications for any of the discounts afforded under this section. Each applicant shall be required to sign the application and by such signature the applicant shall represent, under penalty of perjury, that all information, documentation and data supplied by the applicant is true and correct. In establishing the proper documentation and/or data that must be presented to ascertain water usage, the Director must rely on documentation and/or data that reliably establishes the applicant's water usage over a period of six (6) consecutive months or more immediately preceding the month in which the application is submitted. Such documentation may include, but need not be limited to the applicant's water bills or such other documentation and/or data as the Director deems reasonably necessary for the reliable calculation of water usage. With respect to the sewer service charges levied for the 2008-2009 fiscal year, the first year in which the sewer service charge is levied, persons eligible for the hardship discounts afforded under this section shall be authorized to claim such discounts utilizing the procedures set forth under Section 3.01.090(C) (Reconsideration and appeal), except that such first-year appeals shall be heard by the Director instead of an administrative hearing officer.

F. Upon receiving an application pursuant to this section, the Director shall conduct an investigation and determine whether the applicant qualifies for a reduction as provided in this section. The decision of the Director may be appealed pursuant to Section 3.01.090 of this chapter. The timely filing of an application with the Director and the submission of a timely appeal in accordance with Section 3.01.090 is a prerequisite to a suit thereon.

G. Discounts afforded under this section shall be subsidized with general fund or other nonsewer charge fund proceeds; such discounts shall not be subsidized by proportional or corresponding increases in the annual amount of the sewer service charge paid by noneligible sewer system users. Each fiscal year, the Director shall transfer from the city's general fund to the sewer charge fund monetary sums equal to the total amount of the discounts granted pursuant to this section.

H. City reserves the right to amend by ordinance the qualifying criteria for any sewer service charge discount afforded under this section.

(Ord. 2723 § 1 (part), 2008)

A. Nothing in this chapter shall be construed as imposing a sewer service charge upon any person or real property parcel when the imposition of such charge upon such person or real property parcel would be in violation of a federal or state statute, the Constitution of the United States or the Constitution of the State of California.

B. Any person who claims to be exempt from the sewer service charge pursuant to subsection A of this section shall file an application with the Director for such exemption on or before June 15th of each fiscal year along with any and all required documentation and/or data establishing the record owner's eligibility for the exemption. If June 15th falls on a date in which the city of El Monte is not open for business, the deadline shall be extended to the close of business of the next business day. The Director shall prepare a form for such applications; may require that all such applications be submitted on the designated form; and may request such corroborating documentation and/or data as the Director deems necessary to verify an applicant's qualifications for the exemption. Each applicant shall be required to sign the application and by such signature the applicant shall represent, under penalty of perjury, that all information, documentation and data supplied by the applicant is true and correct. With respect to the sewer service charges levied for the 2008-2009 fiscal year, the first year in which the sewer service charge is levied, persons eligible for an exemption recognized under this section shall be authorized to claim any refund due utilizing the procedures set forth under Section 3.01.090(C) (Reconsideration and appeal), except that such appeals shall be heard and decided by the Director instead of an administrative hearing officer.

C. Upon receiving an application pursuant to this section, the Director shall conduct an investigation and determine whether the applicant as provided in this section. The decision of the Director may be appealed pursuant to Section 3.01.090 of this chapter. The timely filing of an application with the Director and the submission of a timely appeal in accordance with Section 3.01.090 is a prerequisite to a suit thereon.

D. Exemptions afforded under this section shall be subsidized with general fund or other nonsewer charge fund proceeds; such exemptions shall not be subsidized by proportional or corresponding increases in the annual amount of the sewer service charge paid by noneligible sewer system users. Each fiscal year, the Director shall transfer from the city's general fund to the sewer charge fund monetary sums equal to the total amount of the discounts granted pursuant to this section.

(Ord. 2723 § 1 (part), 2008)

A. The procedures of this section shall be available to: (1) the record owner(s) of a real property parcel that is not connected to, or is temporarily disconnected from, the city sewer system, provided such nonconnection or disconnection occurred lawfully or is otherwise permitted under the El Monte Municipal Code or the laws of the state of California; (2) the record owner(s) of a real property parcel who contend(s) that an incorrect use classification or strength factor has been applied to the real property parcel in calculating the amount of the sewer service charge due for a given fiscal year; (3) the record owner(s) of any real property parcel who dispute(s) the basis for the denial of any discount or exemption afforded under Sections 3.01.070 and/or 3.01.080, excluding denials based on the late submission of a discount application; and (4) the record owner(s) of a real property parcel who for any other reason contend(s) the amount determined and charged upon the real property parcel pursuant to Section 3.01.060 (Confirmation of charges—Written report hearing) is incorrect or has been erroneously or illegally collected.

B. Following the City Clerk's issuance of notice of the written report referenced under Section 3.01.060(B) but no less than seven (7) calendar days prior to the date of the public hearing referenced under Section 3.01.060(B) and (C), the record owner(s) of a real property parcel may submit to the City Clerk an application requesting the reconsideration of any calculation or determination reflected in the written report which relates to any of the matters enumerated under subsection A of this section, above. Any reconsideration request submitted after the time period set forth under this subsection shall be treated as an appeal and shall be subject to the appeal provisions of subsection C of this section. The Director may require that reconsideration requests be made in a specific format (or on a specific form) and the Director may further request that additional supporting documentation and/or data be provided by the applicant. Upon receiving an application pursuant to this subsection, the Director shall conduct an investigation. Based on the Director's examination of the application, any documentation and data submitted by the applicant and such other additional evidence as the Director may obtain, the Director shall render a decision which either affirms or amends the prior calculation or determination. Any such amendment to a prior calculation or determination shall be reflected as an amendment to the written report submitted for City Council approval at the conclusion of the public hearing called for under Section 3.01.060. The record owner(s) of a real property parcel may appeal the Director's decision as to a reconsideration request pursuant to the procedures set forth under subsection C of this section, below.

C. Except as otherwise provided under this subsection, the proceeds of the charges established under this chapter 3.01, including all interest accrued thereupon (the "sewer charge proceeds") may not be used to pay costs and expenses entirely unrelated to the operation, maintenance or capital costs of the city's sewer system. The foregoing notwithstanding, sewer charge proceeds may be used to reimburse the city's general fund or other special funds of the city for the payment of indirect costs that benefit and are therefore properly allocable to the city sewer system. The total aggregate sum of sewer charge proceeds that may be used to reimburse the city's general fund or any special fund for the payment of indirect costs during any one fiscal year may not exceed an amount equal to fifteen percent (15%) of the total sewer charge proceeds collected by the city during the fiscal year immediately preceding the fiscal year in which the reimbursement to the general fund and/or special fund is made. For purposes of this chapter, the term "indirect costs" means those costs and expenses charged against the general fund or any other special fund of the city that are not readily identifiable with the operation, maintenance or construction functions of the sewer enterprise but are necessary for the general operation of the sewer enterprise and the conduct of the activities it performs. For purposes of illustration, "indirect costs" may include the cost of insurance coverage that extends to sewer enterprise facilities, equipment and personnel, human resources administration for personnel who serve the sewer enterprise, financial management, accounting, procurement, payroll, treasury, legal services, city management and other general and administrative costs which benefit the sewer enterprise. The sewer charge proceeds may not be loaned to the city's general fund or any other special fund of the city wherein such inter-fund loan is not repaid in full to the sewer fund within the same fiscal year in which the inter-fund loan was originally made.

D. Any refund an applicant may be entitled to shall be returned to the applicant as a cash refund. The payment of such cash refunds by the city shall not relieve the record owner(s) of the obligation to remit any unpaid sums stated on the record owner(s) property tax bill. Refunds are intended to reimburse a record owner for overpaid sewer service charge sums that have already been paid by the record owner for the fiscal year in question; or to offset the out-of-pocket cost to the record owner for the pending payment of an unpaid or partially paid property tax bill that includes sewer service charges sums that are in excess of the sums later determined to be appropriate by the hearing officer.

(Ord. 2723 § 1 (part), 2008)

(Ord. No. 2899, § 3, 10-18-2016)

A. There is established a "sewer charge fund." All monies collected from the sewer service charge levied pursuant to this chapter shall be deposited into the sewer charge fund.

B. Monies deposited into the sewer charge fund, as well as all interest accrued by monies deposited into the sewer charge fund, shall be used for the following purposes only:

1. Paying the costs and expenses of operating and maintaining the city's sewer system, including, but not limited to, costs and expenses incurred in receiving, transporting, and pumping, sewage through the city's sewer system, and any fees or charges paid to another entity for transporting, pumping, treating, and disposing of sewage from the city's sewer system, and the costs and expenses of billing, collecting and administering the sewer service charge;

2. Paying all or any portion of the costs and expenses of extending, constructing, reconstructing, repairing or improving the city's sewer system or any part thereof;

3. Paying the costs and expenses of complying with state or federal laws relating to the city's sewer system including any legal and administrative costs;

4. Paying any other costs or expenses incurred by the city as a result of providing sewer services to real property with the city; and

5. Paying any debt service and incidental expenses associated with the financing of capital improvements to the city sewer system.

As provided under Health and Safety Code Section 5471, sewer service charge proceeds may not be used for the acquisition or construction of new local street sewers or laterals, but may be used for the acquisition or construction of main trunk, interceptor and outfall sewers.

C. Except as otherwise provided under this subsection, the proceeds of the charges established under this Chapter 3.01, including all interest accrued thereupon (the "sewer charge proceeds") may not be used to pay costs and expenses entirely unrelated to the operation, maintenance or capital costs of the city's sewer system. The foregoing notwithstanding, sewer charge proceeds may be used to reimburse the city's general fund or other special funds of the city for the payment of indirect costs that benefit and are therefore properly allocable to the city sewer system. The total aggregate sum of sewer charge proceeds that may be used to reimburse the city's general fund or any special fund for the payment of indirect costs during any one fiscal year may not exceed an amount equal to fifteen percent (15%) of the total sewer charge proceeds collected by the city during the fiscal year immediately preceding the fiscal year in which the reimbursement to the general fund and/or special fund is made. For purposes of this chapter, the term "indirect costs" means those costs and expenses charged against the general fund or any other special fund of the city that are not readily identifiable with the operation, maintenance or construction functions of the sewer enterprise but are necessary for the general operation of the sewer enterprise and the conduct of the activities it performs. For purposes of illustration, "indirect costs" may include the cost of insurance coverage that extends to sewer enterprise facilities, equipment and personnel, human resources administration for personnel who serve the sewer enterprise, financial management, accounting, procurement, payroll, treasury, legal services, city management and other general and administrative costs which benefit the sewer enterprise. The sewer charge proceeds may not be loaned to the city's general fund or any other special fund of the city wherein such inter-fund loan is not repaid in full to the sewer fund within the same fiscal year in which the inter-fund loan was originally made.

(Ord. 2723 § 1 (part), 2008)

(Ord. No. 2899, § 3, 10-18-2016)

Within sixty (60) calendar days following July 1, 2025, the City Council shall form an ad hoc Sewer Fund Oversight Committee (hereinafter, the "Committee") tasked with studying the operations, maintenance and capital replacement needs for the city sewer system. Within sixty (60) calendar days from the date of its formation, the Committee shall conduct its first meeting and shall thereafter meet as frequently as the Committee and/or the City Council deem necessary or desirable. Within one year from the date of its first meeting, the ad hoc committee shall develop and prepare a written report to the City Council which evaluates both the short-term and long-term operations, maintenance and capital replacement needs of the city sewer system; and makes recommendations as to potential adjustments to the sewer service charges rates then in existence. Upon the receipt of the written report, the City Council shall have one year to decide whether or not to adjust the sewer service charge rates in accordance with all or some of the recommendations set forth in the written report of the Sewer Fund Oversight Committee; and shall evidence such determination by uncodified City Council ordinance. If the City Council elects to adjust the sewer service charge rates, the City Council shall comply with all such procedures as may be required for such adjustment including those procedures set forth under Article XIIID, Section of the California Constitution. Nothing in this section shall prevent the City Council from forming such other ad hoc committees as may be desirable to study and make recommendations as to the operations, maintenance and capital replacement need of the city sewer system.

(Ord. 2723 § 1 (part), 2008)

As used in this chapter, the following terms and phrase shall have the meanings set forth as follows:

"City" means the City of El Monte.

"Director" means the Deputy City Manager for Community Development or designee.

"Domicile" means a natural person's fixed habitation, wherein the natural person remains and resides for at least eight (8) months out of a given fiscal year.

"Dwelling unit" means a building or structure or portion or a building or structure composed one or more rooms, designed, zoned and lawfully used for human habitation as a separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single person or family maintaining a household within the individual dwelling unit. Provided all of the foregoing requirements are met, a "dwelling unit" may include a traditional detached single-family home; a single-family home that is attached to one or more single-family homes such as a townhome, duplex, triplex or quadriplex; a dwelling unit within a planned unit development; an individual apartment unit within an apartment building or apartment complex; an individual residential unit within a condominium complex or condominium building; or an individual residential unit within a building or structure lawfully permitted for a mix of both residential and nonresidential uses.

"Fiscal year" means the fiscal year for the city of El Monte which commences July 1st of each calendar year and concludes on June 30th of the subsequent calendar year.

"Real property parcel" means any single parcel of real property located within the city of El Monte that has its own individual assessor's parcel number. The term "real property parcel" is inclusive of parcels used for residential and/or nonresidential purposes, including but not limited to industrial, commercial, manufacturing, warehouse, retail, services, office and the like. As to residential purposes, the term "real property parcel" is inclusive of the following types of dwelling units provided each such dwelling unit has its own assessor's parcel number separate and apart from any other dwelling unit(s) to which it is attached or which are included within the same building, structure or complex: a dwelling unit that is attached to one or more other dwelling units such as a townhome, duplex, triplex or quadriplex; an individual dwelling unit within a condominium building or complex; or an individual dwelling unit within a building that is part of a mixed-use development.

"Record owner" shall have the same meaning as set forth under Section 53750 of the California Government Code as the same presently exists or as the same may be amended from time to time by the California legislature.

"Senior residential rental building" means a single building or structure designed and lawfully used for human habitation which satisfies all of the following requirements: (1) the building or structure is composed of three (3) or more dwelling units; (2) the building or structure including all dwelling units and common areas within the building or structure is owned by a single record owner; (3) each dwelling unit within the building or structure is a rental unit; (4) the building or structure as well as the real property parcel upon which the building or structure is located is subject to a duly recorded land use covenant that restricts all dwelling unit tenancies to resident tenancies for persons who are fifty-five (55) years of age or older; and (5) the age covenant is valid, lawful and actively enforced by the record owner(s) of the real property parcel and/or the managers or operators of the senior residential rental building. Requirement (4) of this definition shall not be interpreted to exclude buildings or structures whose age covenants permit a named tenant who is fifty-five (55) years of age or older to share occupancy of a dwelling unit with a non-age-qualified spouse; or with one live-in provider of essential health care services provided such health care provider is duly licensed to provide such services by the state of California. Requirements (3) and (4) of this definition shall not be interpreted to exclude buildings or structures in which no more than one dwelling unit is reserved for, or otherwise occupied by, on-site managerial or maintenance staff. The foregoing notwithstanding, the term "senior residential rental building" does not include "hotels" as defined under Section 3.16.020 of the El Monte Municipal Code or "residential hotels" as defined under Section 50519 of the California Health and Safety Code and such facilities shall not be eligible for any discounts afforded certain senior residential rental buildings under this chapter.

(Ord. 2723 § 1 (part), 2008)