Encinitas Municipal Code Ch. 18.12 Sewer Construction Reimbursement Connection Fee

It is the purpose of this chapter to allow a reimbursement connection fee at the time of connection when the sewer service has been made available by a private developer prior to the time that the City would have been able to make the sewer service available. The purpose of the reimbursement connection fee is to reimburse the person privately constructing the sewer main which is dedicated to the public and offered to the City.

(Ord. 2002-05)

A. The City and the developer may enter into a reimbursement agreement in which the developer agrees to dedicate the sewer main to the public and offer the main to the City.

B. Upon acceptance of the sewer main by the City in accordance with Section 4742.3 of the Health and Safety Code, the City shall adopt an ordinance imposing a reimbursement connection fee for connections to that sewer main. The reimbursement connection fee shall be determined by the City Engineer and City's administrative manual and shall provide funds to reimburse the developer for costs of the main which benefit other property owners which connect to the main. The reimbursement connection fee shall include a six percent per annum simple interest charge to partially compensate developer for his/her financing costs. The developer shall not be reimbursed for his/her fair share of the project costs (that portion of the improvement costs that directly benefits his or her development). The City shall return the collected reimbursement connection fees to the developer, less administration fees and any other costs or fees, in accordance with the terms of the reimbursement agreement.

(Ord. 2002-05)

The period over which special connection fees are collected shall be 20 years.

(Ord. 2002-05)

When a sewer main extension has been installed and a reimbursement agreement amount has been approved by the City Council, any benefiting property owner, prior to connection to the sewer main, who has not either him or herself or through his or her predecessor in interest contributed toward the cost of such installation, shall pay to the City, in addition to any sewer connection fees required by this Code or any other ordinance of the City, the reimbursement connection fee for such sewer main extension, at the rate provided for by ordinance of the City Council.

The following sewer reimbursement ordinances have been approved by the City Council. (Note: All references to "District" or "Cardiff Sanitation District" mean City or City of Encinitas.)

(Ord. 2002-05)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $7,750.00 plus six percent annual simple interest upon the effective date of Ordinance No. 92-01 (December 10, 1992), adopted by the board of the District for premises connecting directly to the sewer line (CS079) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between William J. Ackerman and the Cardiff Sanitation District," on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on December 10, 2002.

(Ord. 92-01)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1,330.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 89-03 (April 6, 1989), for premises connecting directly to the sewer line (PC1971) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between Philip Boczanowski and the Cardiff Sanitation District," on file in the Office of the District Clerk. This agreement expires on April 6, 1999.

(Ord. 89-03)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $7,112.71 plus six percent annual simple interest computed from the effective date of Ordinance No. 96-01 (March 29, 1996), until paid for equivalent dwelling units connecting directly to the sewer facility known as CS183 located in Fortuna Ranch Road, generally west of Rancho Summit Drive and east of Akita Lane in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 years from the effective date of Cardiff sanitation district Ordinance No. 96-01. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on March 29, 2016.

(Ord. 96-01)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $16,723.56 plus six percent annual simple interest computed from the effective date of Ordinance No. 96-02 (January 17, 1997), until paid for equivalent dwelling units connecting individual lateral(s) directly to the sewer facility known as CS121 running easterly in Fortuna Ranch Road, thence northerly and thence easterly in Bukamada Lane in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 years from the effective date of Cardiff Sanitation District Ordinance No. 96-02. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on January 17, 2017.

(Ord. 96-02)

In addition to any other fees for connections to a public sewer main within the Division, there is established a reimbursement fee of $46,086.71 plus six percent annual simple interest computed from the effective date of this Ordinance 2003-01 for each parcel which connects its lateral directly to the sewer main known as CS271 located in the vicinity of Bumann Road in Encinitas, as more fully set forth in the Notice of Competition CCE99D filed in the Office of the City Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance 2003-01, or until such time as the reimbursement agreement expires, whichever is sooner.

(Ord. 2003-01)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1,240.00 per primary benefiting acre and $620.00 for each secondary benefiting acre that flows directly or indirectly through the sewer line (PC1846) plus six percent annual simple interest for premises connecting directly or indirectly to the sewer line as shown on plan attached as Exhibit "A" to the "Reimbursement Agreement Between Du Vizier Company and the Cardiff Sanitation District," on file in the Office of the District Clerk. This agreement expires on January 16, 2007.

(Ord. 86-58)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement fee of $11,140.01 plus six percent annual simple interest computed from the effective date of Ordinance No. 98-03 (July 24, 1998) until paid for equivalent dwelling units connecting directly to the sewer facility known as CS193 located in Sereno View Lane, generally south of 9th Street and west of Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 10 years from the effective date of Cardiff Sanitation District Ordinance No. 98-03. This agreement expires on July 24, 2008.

(Ord. 98-03)

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $11,140.01 plus six percent annual simple interest computed from the effective date of Ordinance No. 98-03 (August 14, 1998) until paid for equivalent dwelling units connecting directly to the sewer facility known as SC193 located in Sereno View Lane, generally south of 9th Street and west of Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 10 years from the effective date of City of Encinitas Ordinance 2008-18.

(Ord. 2008-18)

In addition to any other fees for connections to sewer lines within the City, there is established a sewer reimbursement fee of $37,096.34 plus six percent annual simple interest computed from the effective date of Ordinance No. 2025-03 until paid, per equivalent dwelling unit connecting directly to the sewer facility known as 14266-I running in the vicinity of El Camino Del Norte in Olivenhain, as more fully set forth in the agreement filed in the Office of the City Clerk. This section shall have no further effect on and after 20 years from the effective date of Ordinance No. 2025-03.

(Ord. 2025-03, 3/19/2025)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $2,264.16 plus six percent annual simple interest upon the effective date of Ordinance No. 91-04 (October 10, 1991), adopted by the Board of the District for premises connecting directly to the sewer line (PC1989) as shown on plan attached as Exhibit A to the "Reimbursement Agreement between Michael J. Mahon and the Cardiff Sanitation District," on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on October 10, 2001.

(Ord. 91-04)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement fee of $9,466.05 plus six percent annual simple interest computed from the effective date of Ordinance No. 99-01 (July 30, 1999) until paid for equivalent dwelling units connecting directly to the sewer facility known as CS073 located in Cole Ranch Road, generally south of Lone Jack Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 years from the effective date of Cardiff Sanitation District Ordinance No. 99-01. This agreement expires on July 30, 2019.

(Ord. 99-01)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1,900.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 89-02 (April 6, 1989), for premises connecting directly to the sewer line (PC1814) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between Patrick O'Connor and the Cardiff Sanitation District," on file in the Office of the District Clerk. This agreement expires on April 6, 1999.

(Ord. 89-02)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $4,012.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 93-01 (July 9, 1993), for premises connecting directly to the sewer line (PC1889, PC1906) as shown on plan attached as Exhibit A to the "Reimbursement Agreement," on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on July 9, 2003.

(Ord. 93-01)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $3,966.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 93-06 (February 11, 1994), until paid for equivalent dwelling units connecting directly to the sewer facility know as CS025 running South in Rancho Santa Fe Road, thence westerly in Whisper Wind Drive in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 years from the effective date of Cardiff Sanitation District Ordinance No. 93-06 (this agreement expires on February 12, 2014). The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee.

(Ord. 93-06)

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $51,873.30 plus six percent annual simple interest computed from the effective date of Ordinance No. 2004-01 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS400 located in the vicinity of Fortuna Ranch Road and Akita Lane in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance 2004-01.

(Ord. 2004-01)

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $32,014.50 plus six percent annual simple interest computed from the effective date of Ordinance No. 2008-17 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS502 located in the vicinity of west side of Rancho Santa Fe Road in between Woodwind Drive and Encinitas Boulevard in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance 2008-17.

(Ord. 2008-17)

In addition to any other fees for connections to sewer lines within the City, there is established a sewer reimbursement fee of $39,196.92 plus six percent annual simple interest computed from the effective date of Ordinance No. 2025-12 until paid, per equivalent dwelling unit connecting directly to the sewer facility known as 14187-I running in the vicinity of Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the City Clerk. This section shall have no further effect on and after 20 years from the effective date of Ordinance No. 2025-12.

(Ord. 2025-12, 11/25/2025)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $2,460.00 plus six percent annual simple interest computed from August 4, 1983 until paid for equivalent dwelling units connecting directly to the sewer facility known as PC1614 running north in Cole Ranch Road thence westerly in Ninth Street in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after August 4, 2003. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee.

(Ord. 93-04)

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $4,316.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 93-03 (November 12, 1993), until paid for equivalent dwelling units connecting directly to the sewer facility known as CS108 running West in Ninth Street, thence northwesterly in Sereno View Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 10 years from the effective date of Cardiff Sanitation District Ordinance No. 93-03 (this agreement expires on November 12, 2003). The agreement states that District retains an administrative fee which is five percent of the gross reimbursement connection fee.

(Ord. 93-03)

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $10,624.50 plus six percent annual simple interest computed from the effective date of Ordinance 2003-02 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS267 located in the vicinity of 5th Street and Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance No. 2003-02.

(Ord. 2003-02)

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $10,861.36 plus six percent annual simple interest computed from the effective date of Ordinance No. 2005-13 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS403 located in the vicinity of Copper Crest Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance No. 2005-13.

(Ord. 2005-13)

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $21,504 plus six percent annual simple interest computed from the effective date of Ordinance No. 2006-03 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS303 located in the vicinity of Copper Crest Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance No 2006-03.

(Ord. 2006-03)