Chapter 13.12 — SEWER SERVICE CHARGES AND REGULATIONS

State Law reference— For statutory provisions on sewerage systems, see Health and Saf. Code §5470 et seq.; for provisions authorizing cities to construct and maintain drains and sewers, see Gov. Code §38900.

The definitions in this section govern the construction of this division and the council resolution adopted pursuant to this division and its application, unless otherwise apparent from the context:

A.

"Commercial or industrial sewage" means any and all liquids and/or solids contained within liquids from industrial, commercial, or institutional processes except liquid-borne wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal without special treatment.

B.

"Institutional owner" means any owner, public or private, operating a public or nonprofit school, church, hospital, lodge, club, fire department, library, memorial building, or other public or nonprofit activity.

C.

"Multiple family dwelling unit" means a premises which is designed, improved, or used as a residence for three or more families, living separately in separate dwelling units, and which is not designed, improved, or used for any other purpose.

D.

"Other residential" means a building or group of buildings containing individual guest rooms for one or more guests and no provision is made for cooking in any individual room or suite of rooms including but not limited to motels, boardinghouses, hotels, roominghouses, dormitories, fraternities, sororities, etc.

E.

"Person" means any person, firm, company, corporation, partnership, association, institutional owner, or any public corporation. The singular shall include the plural.

F.

"Plumbing fixture" means any item which contains a collection device for wastewater connected directly or indirectly to a publicly owned treatment works including but not limited to a toilet, urinal, shower, tub, sink, basin, lavatory, floor drain, or automatic washing machine.

G.

"Premises" means a structure, building, or unit of property other than bare or undeveloped land connected either directly or indirectly to the sanitary sewerage system or any portion thereof from which any sewerage is discharged directly or indirectly into the sewerage system of the city.

H.

"Public corporation" means the city or any political subdivision, city, county, district, the state of California or the United States of America, or any department or agency of any thereof. The singular shall include the plural.

I.

"Sewage" as referred to in this chapter is defined as all water or a combination of the liquid or watercarried human waste conducted away from residences, business buildings and institutions which is known as domestic sewage, together with the liquid or water-carried waste resulting from a manufacturing process

employed in commercial or industrial establishments including washing, cleaning, or drain water from such process which is known as industrial waste.

J.

"Single-family dwelling unit" means a premises which is designed, improved, or used as a residence for one family only and which is not designed, improved, or used for any other purpose.

K.

"Storm drainage system" means all conduits, pumping plants, collection facilities and other appurtenances owned and operated by the city for carrying, collecting, pumping and disposing of surface water runoff.

L.

"Two family dwelling unit" means a premises which is designed, improved or used as a residence for two families, and no more, living separately in separate dwelling units, and which is not designed, improved, or used for any other purpose.

(Ord. 276 §1, 1973; Ord. 613 §1, 2004)

No person whose premises are not now connected with the municipal sewer system shall connect any premises or cause any premises to be connected with the municipal sewer system without first obtaining a permit to do so from the finance director.

(Ord. 276 §11(part), 1973)

The finance director may require of any person who applies for any such permit to file a statement or affidavit for the guidance of the finance director and the city council in ascertaining the amount of the monthly sewer service charge payable by such person under this chapter. Each such statement or affidavit shall contain such information as may be required by the finance director. Failure by any person to file such statement or affidavit containing such required information shall constitute a violation of this chapter. No statement or affidavit shall be conclusive as to the matters therein set forth nor shall the filing of any statement or affidavit preclude the city from collecting from the person responsible for payment, as provided in this chapter, by appropriate action such sum as is actually due and payable for monthly sewer service charges under the provisions of this chapter. Each such statement or affidavit, and each of the several items therein contained, shall be subject to verification by the finance director.

(Ord. 276 §11(part), 1973)

Connection to the sewerage system shall be made only after securing an encroachment permit from the finance director. Permits for sewer lines constructed on private property shall be obtained in accordance with the provisions of the plumbing code of the city.

(Ord. 276 §5, 1973)

There shall be a separate connection to the sewerage system for each premises served, except when otherwise authorized by the finance director.

(Ord. 276 §4, 1973)

All persons shall keep their sewer laterals or sewer connections in good order at their own expense and shall be liable for any damages which may result from their failure to do so.

(Ord. 276 §3, 1973)

A.

As established on the first day of July, 2011, the sewer rates charged in the city are as follows:

Single residential unit, the sum of twenty dollars each month;

Multiple dwelling, apartments or cabins, the sum of twenty dollars per month for each unit, whether occupied or not;

Carwashes and laundromats, the sum of one dollar and fifty-two cents per one hundred cubic feet of water delivered each month. Minimum charge shall be sixteen dollars per month;

Mobile home units, the sum of sixteen dollars per month;

Commercial establishments - the sum of one dollar and fifty-two cents per one hundred cubic feet of water delivered each month. Minimum charge shall be sixteen dollars per month;

Industrial - the sum of two dollars and six cents per one hundred cubic feet of wastewater discharged during each month. Minimum charge will be sixteen dollars per month.

B.

Future adjustment to the rates shall be established, from time to time, by the resolution of the city council, and shall supersede the rates set forth in this section.

(Ord. 276 §2, 1973; Ord. 509 §1, 1991; Ord. 521 §1, 1992; Ord. 534 §1, 1994; Ord. 547 §1, 1995; Ord. 567 §1, 1997; Ord. 581 §1, 1999; Ord. 649 §1, 2007; Ord. 679 §3, 2015)

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

(Ord. 276 §6, 1973)

A.

All sewer charges shall become due and payable to and at the office of the finance director on the first day of the month next succeeding the month of service and become delinquent on the tenth day of the succeeding month.

B.

All bills for such services shall be issued by the finance director. They shall be combined with the bills or statements for water service and refuse disposal service rendered by the municipal system in all cases where the premises in question are connected to the municipal system. The bills shall state their purpose (water, refuse disposal, and sewer disposal service), shall give the name and last known address of the person responsible for payment, as provided in this chapter, and shall list separately the charge for water service, the charge for refuse disposal service, and the charge for sewer disposal service and the total charge for all services. No charge may be paid separately from the other. If premises with sewer service are not connected with the municipal water system or refuse disposal system, a separate bill shall be rendered for sewer service only.

(Ord. 276 §7, 1973)

All monthly sewer charges shall be billed to the following persons:

A.

In the case of any person whose premises are connected with the municipal water system, then to the person who requested such connection to the municipal water system, or his successor in interest, or to any person requesting that such bill be charged to him; or

B.

In the case of any person whose premises are not connected to the municipal water system, then to the person who requested the connection to the municipal water system, or his successor in interest, or if no such request was made, then to the owner of record of such premises on the date on which such premises

are required to connect to the municipal sewer system, or to the successor in interest to such person, or to any person requesting that such bill be charged to him.

(Ord. 276 §8, 1973)

Sewer service charges shall become effective on the first day of the month following the effective date of the ordinance codified in this chapter immediately upon the adoption of the ordinance as to all premises then connected to the municipal sewer system and thereafter such charges shall become effective against all premises not then connected to the municipal sewer system immediately upon connection to the municipal sewer system, whichever is the earlier.

(Ord. 276 §10, 1973)

The finance director is charged with the enforcement, and all police officers of the city shall be deputies of the finance director for such purposes, as follows:

A.

In the event of a violation of any terms of this chapter, or any rule or regulation established pursuant to this chapter, the finance director, in writing, shall notify the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the finance director will exercise his authority to disconnect the premises from the municipal water system and/or the municipal sewer system; provided, that such time shall not be less than five days after the deposit of such notice in the United States Post Office at Exeter, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the finance director may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done, and the amounts expended in so doing shall be charged upon the person so in violation.

B.

Upon failure of any person billed or the owner of the premises to pay any sewer service prior to delinquency, any one or more of the following actions may, or where required must, be taken by the city or city officials, to enforce such payment, subject to the provisions of subsection A of this section:

Each sewer service charge levied by or pursuant to this chapter on any premises within the city limits is made a lien upon such premises and any step authorized by law may be taken by the city to enforce payment of such lien.

In each case where any bill for both water service and sewer service remains unpaid for thirty days after such bill becomes delinquent, the finance director shall disconnect the premises from the municipal water system, and he may also disconnect the premises from the municipal sewer system. Whenever a premises have been disconnected from either the municipal water system or the municipal sewer system for nonpayment of water or sewer service charges, such premises shall not be reconnected to either the municipal water system or the municipal sewer system until all delinquent charges and penalties have been paid together with such reasonable charges for reconnection as may be ordered from time to time by the city council by resolution duly adopted.

(Ord. 276 §9, 1973)

It shall be the duty of the finance director to collect all sewer service charges. The finance director shall keep an accurate accounting and records showing the source, amount and disposition of all funds received from sewer service or rental charges.

(Ord. 276 §13, 1973)