Gilroy Municipal Code Art. VI Charges for Use of Municipal Sewer System

The purpose of the provisions of this article and of the sewer service and use charges herein established is to derive revenue which shall be used only for the acquisition, construction, reconstruction, maintenance and operation of the municipal sewer system of the city, for the implementation of the industrial waste pretreatment program, to repay principal and interest on any bonds which may hereafter be issued for the construction or reconstruction of sanitation or sewerage facilities, and to repay federal or state loans or advances, if any, which may hereafter be made to the city for the construction or reconstruction of municipal sewerage facilities; provided, however, that no such revenue shall be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers.

(Ord. No. 775, § 1; Ord. No. 81-28, § 29, 9-8-1981; Ord. No. 85-1, § 2, 7-15-1985)

As used in this article, “premises” means and includes a building, structure or unit of real property, or portion thereof, situate either within or without the corporate limits of the city connected either directly or indirectly to the municipal sewer system, or from which any sewage is discharged directly or indirectly into such sewer system.

(Ord. No. 775, § 1; Ord. No. 81-28, § 30, 9-8-1981)

As used in this article, “single-family dwelling” means and includes a detached building of permanent character, permanently affixed to a parcel of land, designed or used for occupancy for residential purposes, by one family only.

(Ord. No. 775, § 1)

Editor’s note: Ord. No. 90-24, § 1, adopted November 19, 1990, repealed § 19.74 in its entirety. Former § 19.74 was concerned with duplex or two-family dwellings, and derived from § 1 of Ord. No. 775.

As used in this article, “multiple-family dwelling unit” means and includes a building or portion thereof, of permanent character, permanently affixed to a parcel of land, designed or used for occupancy for residential purposes by two (2) or more families living independently of each other and doing their own cooking in such building, including, but not limited to, apartment houses, apartment hotels, group houses, etc.

(Ord. No. 775, § 1; Ord. No. 90-24, § 2, 11-19-1989)

As used in this article, a “trailer coach or mobile home park” means and includes an area of land on which two (2) or more occupied trailer coaches or mobile homes are harbored, either free of charge or for revenue, together with any building, structure or enclosure used as part of the equipment of such park.

(Ord. No. 775, § 1)

As used in this article, “commercial or industrial or institutional premises” means and includes a unit of real property, or portion thereof, planned, designed or used and operated under one management for a commercial, industrial or institutional purpose.

(Ord. No. 775, § 1; Ord. No. 85-11, § 3, 7-15-1985)

As used in this article, “sewage” means and includes sanitary sewage, and that industrial waste-water not discharged to the agricultural processing sewer system.

(Ord. No. 775, § 1; Ord. No. 81-28, § 31, 9-8-1981)

Rates for municipal sewer service and charges for industrial users shall be as fixed by resolution of the council, a copy of which shall be kept on file at the office of the city clerk. The charges established for the industrial users shall be based upon the measured or estimated constituents and characteristic of that user which may include, but not be limited to BOD, COD, SS, oil and grease and volume of the wastewater.

(Ord. No. 775, § 1; Ord. No. 80-5, § 1, 1-21-1980; Ord. No. 81-28, § 32, 9-8-1981; Ord. No. 85-11, § 4, 7-15-1985)

The types of charges for industrial use may include, but are not limited to:

(a) Fees for permit application.

(b) Fees for monitoring, inspections and surveillance.

(c) Surcharges for discharges in excess of 300 mg/l BOD, TSS, volume and other discharge constituents.

(d) Other fees as the city may deem necessary to carry out the requirements contained herein.

Note: See editor’s note to § 19.82.

(Ord. No. 85-11, § 5, 7-15-1985; Ord. No. 91-20, § 1, 9-16-1991)

(a) Material Water Supply. Industrial user charges and fees shall be applied against the total amount of water used from all sources unless, in the opinion of the director, significant portions of water received are not discharged to the sewer. The total amount of water used from public and private sources will be determined by means of public meters or private meters, installed and maintained at the expense of the user and approved by the director.

(b) Metered Wastewater Volume and Metered Diversions. For industrial users where, in the opinion of the director, a significant portion of the water received from any metered source does not flow into the sewer because of the principal activity of the user or removal by other means, the user charges and fees will be applied against the volume of water discharged from such premises into the sewer. Written notification and proof of the diversion of water must be provided by the user if the user is to avoid the application of the user charges and fees against the total amount of water used from all sources. The user may install a meter of a type and at a location approved by the director and at the user’s expense. Such meters may measure either the amount of sewage discharged or the amount of water diverted. Such meters shall be tested for accuracy at the expense of the user when deemed necessary by the director.

(c) Estimated Wastewater Volume—Users without Source Meters. For industrial users where, in the opinion of the director, it is unnecessary or impractical to install meters, the quantity of wastewater may be based upon an estimate prepared by the director. This estimate shall be based upon a rational determination of the wastewater discharged and may consider such factors as the number of fixtures, seating capacity, population equivalent, annual production of goods and services or such other determinants of water use necessary to estimate the wastewater volume discharged.

(d) Estimated Wastewater Volume—Users with Source Meters. For industrial users who, in the opinion of the director, divert a significant portion of their flow from a sewer, the user charges may be based upon an estimate of the volume to be discharged. The estimate must include the method and calculations used to determine the wastewater volume and may consider such factors as the number of fixtures, seating capacity, population equivalents, annual production of goods and services, or such other determinations of water use necessary to estimate the wastewater volume discharged.

Note: See editor’s note to § 19.82.

(Ord. No. 85-11, § 6, 7-15-1985)

Editor’s note: Ord. No. 80-5, § 2, adopted Jan. 21, 1980, repealed former §§ 19.80—19.82, relative to sewer rates for single-family dwellings and churches, schools and institutions, and other users, all derived from Ord. No. 775, § 1, and from Ord. No. 814, § 1, adopted Jan. 2, 1968.

The above charges shall apply only to users connected into the city sewer system. The above charges shall not apply to premises legally using privately owned sewer or septic tank system.

(Ord. No. 775, § 1; Ord. No. 81-28, § 33, 9-8-1981)

Any city sewer users not using city water shall be charged in accord with the above schedules of charges. Any such charges which are based upon water consumption shall be estimated by city water department employees using comparable users as a basis for such estimates.

(Ord. No. 775, § 1)

No premises located outside the city limits shall be connected to the city sewer system without an agreement, approved by the city council, with the city permitting the same. Such sewer users whose premises are located outside the corporate limits of the city as may be permitted to connect their premises to the city sewer system shall be charged for and pay the current rates as specified for their type or class of property as if it were located within the city limits.

(Ord. No. 775, § 1; Ord. No. 95-1, § II, 1-3-1995)

The city council shall retain the right to maintain or to enter into negotiated sewer service agreements with high volume sewer users.

For the purposes of this section, “high volume sewer users” are hereby defined as any users whose sanitary sewer output exceeds five hundred thousand (500,000) gallons during any month of any fiscal year.

(Ord. No. 775, § 1)

Editor’s note: Ord. No. 80-5, § 2, enacted Jan. 21, 1980, repealed § 19.87, concerning the effective date of sewer charges, derived from Ord. No. 775, § 1.

All sewer service and use charges are due and payable on or before the last day of the month billed.

(Ord. No. 775, § 1; Ord. No. 81-28, § 34, 9-8-1981; Ord. No. 89-5, § 1, 3-20-1989)

All charges for sewage service and industrial use established by this article shall be paid to and collected by the director of finance of the city. Such charges may be billed upon the same bill used for the collection of charges for water and may be collected as one item, but a separate account shall be kept in the office of the director of finance of the amounts for all charges made for sewage service and use and the amount collected therefor.

If a bill for sewage service and use becomes delinquent, the director of finance shall send a written notice to the user that if the bill is not paid within ten (10) days, sewer service shall be discontinued.

On failure to comply with the rules and regulations established as a condition of the use of the sewage service or to pay the rates or any penalty imposed in the time and manner provided by this article, water may be shut off on any and all service where the delinquent user is being supplied with water until payment of the amount due.

(Ord. No. 775, § 1; Ord. No. 85-11, § 7, 7-15-1985; Ord. No. 89-5, § 1, 3-20-1989)

The owner of any premises is and shall be responsible for payment of any and all sewer service and use charges applicable to premises owned by him. It shall be and is hereby made the duty of each such owner to ascertain from the director of finance the amount and due date of any such charge applicable to premises owned by him and to pay such charge when due and payable. It also shall be and is hereby made the duty of all owners of all premises to inform the director of finance immediately of all circumstances, and of any change or changes in any circumstances, which will in any way affect the applicability of any charge to premises owned by him or the amount of any such charge. In particular, but not by way of limitation, an owner of any premises shall immediately inform the director of finance of any sale or transfer of such premises by or to such owner.

(Ord. No. 775, § 1)

Unpaid sewer service and use charges becomes delinquent after the last working day of the month billed. There shall be imposed a penalty equal to ten (10) per cent of the amount due. Thereafter a penalty equal to ten (10) per cent of the amount due shall be charged for each full month of delinquency after the last working day of the original billing.

(Ord. No. 775, § 1; Ord. No. 847, § 1, 3-17-1969; Ord. No. 89-5, § 1, 3-20-1989; Ord. No. 91-16, § 2, 7-1-1991)

Each charge levied, assessed or imposed by or pursuant to this article is hereby made a lien upon the premises on which the charge is imposed.

(Ord. No. 775, § 1)

In the event of the failure of any owner to pay when due any sewer service and use charges applicable to premises owned by him, the city may enforce payment of such delinquent charges in any of the following manners:

(a) The city administrator may have such premises disconnected from the sewer system. In the event such disconnection should create a public hazard or nuisance, the city administrator or his representatives may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or menace. The owner of such premises shall have a duty to reimburse the city for all expenses incurred by the city in disconnecting any such premises, or in doing other things authorized by this article, and no reconnection shall be made until all such charges are paid.

(b) The city may institute action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the city may be collected; and in such action, the court may allow a reasonable attorney fee to the city for bringing the action, to be included in and as part of any judgment granted therein.

(c) Such other action may be taken as may be authorized by law and by the city council.

(Ord. No. 775, § 1; Ord. No. 81-28, § 35, 9-8-1981)

All premises in the city which are situate within and are under the jurisdiction of any county sanitation district or sanitary district and which are required to pay sewer service, use, rental or other charges, rentals or fees for sewer services and facilities furnished by such district are hereby excepted from the provisions of this article until such time as such premises are withdrawn from such district.

(Ord. No. 775, § 1)

All revenues collected pursuant to the provisions of this article shall be placed into a special fund which is hereby created for such purpose and which shall be known as the “sewer system, treatment and disposal plant fund.” Such revenues may be used for the purposes specified in section 19.71 and for no other purpose.

(Ord. No. 775, § 1)