Gridley Municipal Code Ch. 13.08 Sewer Fees

A. The city users of the sewer system and property owners have borne the costs for the existing sewer system in the city which includes treatment plants, sewer pump stations, sewer ponds, manholes and mains and other related maintenance materials and equipment. New connections by owners of property or proposed users of the sewer system will involve use of the capacity of these existing sewerage facilities which were paid for, or have been constructed for, and are owned by the city.

B. Therefore, a sewer capacity fee must be paid to the city for any connection to the city sewerage system, which will result in an increase in sewer volumes or flows. The charge for sewer capacity fee, which is a one time charge collected with the building permit, shall be as specified in Section 13.08.055. These fees shall also be reflected in the Master Fee Schedule separately adopted by resolution of the city council.

C. The fees collected are to be placed in a fund to be used for capital improvements to the sewer system. The current fund and account to which this fee will be applied is 660-3641. The fund balance of this fund will be reserved for capital improvement projects.

D. After the initial rate modification, effective June 1, 2004, the capacity fee will be evaluated annually. Any cumulative increase in the Engineering News Record’s Construction Cost Index (CCI) from the CCI used for the existing fee amount resulting in a rate change of at least $25 shall be presented to the city council in a public hearing by the first regular council meeting in March of each year for review and possible adjustment by ordinance. Any adjustment shall be further reflected in the Master Fee Schedule as adopted by resolution of the city council effective April 1 of that year. The minimum fee change shall be $25 reflecting the cumulative CCI change from the CCI used for the currently published fee.

E. The CCI (or its successor) published in January for December of the previous year shall be the index used for determining any rate change. The initial CCI for the purposes of this fee is 6825 as published in the January 2004 Engineering News Record.

(Ord. 539 (part), 1988; Ord. 727, 2004).

A. Each property which is proposed to be sewered will be served by a public street, an alley, or sewer easement which is adjacent to the property to be served. Initial construction costs of the collector sewer main must be borne by the property owners to be served.

B. Persons desiring to connect directly to an existing collector sewer main must pay a sewer collector fee to the city, which was installed without direct or indirect cost to the connecting property. The charge for sewer collector fee, which is collected with the building permit, shall be as specified in Section 13.08.055. These fees shall also be reflected in the Master Fee Schedule separately adopted by resolution of the city council.

C. Persons installing collector sewer main infrastructure in order to connect to existing collector sewer mains or having such infrastructure installed by the city or by city contract shall pay the full cost of the installation. If the property developer does installation, such installation shall be in lieu of payment of the then current sewer collector fee. If installation is done by the city or by city contract, the property developer shall reimburse the city for costs incurred for such installation, in lieu of payment of the then current sewer collector fee.

D. The sewer collector funds are to be placed in the sewer operating fund to offset operating expenses. The current fund and account to which this fee will be applied is 650-3641.

E. If an existing collector sewer is not present, the connecting property owner(s) shall bear the full cost of constructing or extending the desired distribution and/or collection lines.

F. After the initial rate modification, effective June 1, 2004, the collector fee will be evaluated annually. Any cumulative increase in the Engineering News Record’s Construction Cost Index (CCI) from the CCI used for the existing fee amount resulting in a rate change of at least $25 shall be presented to the city council in a public hearing by the first regular council meeting in March of each year for review and possible adjustment by ordinance. Any adjustment shall be further reflected in the Master Fee Schedule as adopted by resolution of the city council effective April 1 of that year. The minimum fee change shall be $25 reflecting the cumulative CCI change from the CCI used for the currently published fee.

G. The CCI (or its successor) published in January for December of the previous year shall be the index used for determining any rate change. The initial CCI for the purposes of this fee is 6825 as published in the January 2004 Engineering News Record.

(Ord. 539 (part), 1988; Ord. 727, 2004).

A. Each property which is proposed to be sewered will be served by a sewer lateral which extends from the collector sewer to the property or easement line. Initial construction costs of the sewer lateral must be borne by the property to be served.

B. Persons desiring to connect directly to an existing collector sewer main must pay a sewer collector fee to the city, which was installed without direct or indirect cost to the connecting property. The charge for sewer collector fee, which is collected with the building permit, shall be as specified in Section 13.08.055. These fees shall also be reflected in the Master Fee Schedule separately adopted by resolution of the city council.

C. Persons installing collector sewer main infrastructure in order to connect to existing collector sewer mains or having such infrastructure installed by the city or by city contract shall pay the full cost of the installation. If the property developer does installation, such installation shall be in lieu of payment of the then current sewer collector fee. If installation is done by the city or by city contract, the property developer shall reimburse the city for costs incurred for such installation, in lieu of payment of the then current sewer collector fee.

D. The sewer collector funds are to be placed in the sewer operating fund to offset operating expenses. The current fund and account to which this fee will be applied is 650-3641.

E. If an existing collector sewer is not present, the connecting property owner(s) shall bear the full cost of constructing or extending the desired distribution and/or collection lines.

F. After the initial rate modification, effective June 1, 2004, the collector fee will be evaluated annually. Any cumulative increase in the Engineering News Record’s Construction Cost Index (CCI) from the CCI used for the existing fee amount resulting in a rate change of at least $25 shall be presented to the city council in a public hearing by the first regular council meeting in March of each year for review and possible adjustment by ordinance. Any adjustment shall be further reflected in the Master Fee Schedule as adopted by resolution of the city council effective April 1 of that year. The minimum fee change shall be $25 reflecting the cumulative CCI change from the CCI used for the currently published fee.

G. The CCI (or its successor) published in January for December of the previous year shall be the index used for determining any rate change. The initial CCI for the purposes of this fee is 6825 as published in the January 2004 Engineering News Record.

(Ord. 539 (part), 1988; Ord. 727, 2004)

Work performed by others on the city sewer system must be performed in accordance with city standards and specifications and shall be performed only after a permit is obtained from the city. The city will inspect the work performed. A sewer permit fee, also known as a plumbing permit fee, is collected with the building permit. The amount to be collected is to be determined from the uniform building codes. Funds are deposited into the inspection fund, to offset inspection costs.

(Ord. 539 (part), 1988)

A. Sewer usage or service charges are levied for the maintenance and operation of the existing sewer system. The monthly sewer service charges shall be as described below.

B. The effective date for the implementation of the rates stated above is February 1, 2010.

(Ord. 788-2009, 2009; Ord. 780 (part), 2008; Ord. 770, 2007; Ord. 759 (part), 2006; Ord. 742 (part), 2005; Ord. 713-2002; Ord. 691, 1999; Ord. 717, 2003; Ord. 725, 2004; Ord. 727, 2004)

Residential and commercial fee superseded by development impact fees - sewer - under Title 14. Please see Title 14 for development impact fees in lieu of capacity fees.

(Ord. 780 (part), 2008; Ord. 727, 2004)

A. Whenever sewer service to a property requires construction of more than one hundred feet of off-site sewer line to the property, or construction of a sewer pump station or other unusual sewer facilities, these costs must be borne by the person or properties to be served.

B. However, if these additional facilities will potentially serve other properties, the city may enter into a reimbursement agreement to refund a portion of these costs. The refund amount will be based on the sewer connection fees received by the city. Reimbursement payments will be made based upon forty percent of the sewer capacity and collector fees received from properties served by the facilities included in the reimbursement agreement by the city within the fiscal year after completion and acceptance by the city, and each fiscal year thereafter.

C. The amount reimbursed by the city shall not exceed the amount specified in the reimbursement agreement. The agreement shall be for a period not to exceed ten years.

(Ord. 539 (part), 1988).

No parcel of land situated outside the city shall in any manner be or have any structure thereon connected to the sanitary sewerage system of the city except by special agreement with the city council.

(Ord. 539 (part), 1988).

A. The wilful misrepresentation of any material fact with knowledge of its falsity or without reasonable cause to believe it to be true, to any city officer or the city council with the intent thereby to influence official action herein, shall be a violation of this chapter.

B. Any person, firm or corporation violating any provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm, or corporation and shall be punishable as provided in this section.

(Ord. 539 (part), 1988).

A. The sewer service or connection charges imposed pursuant to these regulations constitute a lien upon the parcel of real property to which such service was rendered.

B. Lien recorded-Procedure.

1. Notwithstanding any provision in this code to the contrary, any sewer service charges which have become delinquent shall cause the owner of such property to be subject to a lien on the property pursuant to the procedure provided in this section. Any such lien shall be recorded with the county recorder.

2. Prior to the recordation of a lien for delinquent charges, the Finance Director shall cause the notice of an opportunity for hearing on the delinquent charges to be mailed to the owner. For purposes of this section, the term "owner" shall have the meaning given it in these regulations. If the owner desires a hearing thereon, he shall request such a hearing by notifying the City Clerk thereof in writing within ten days after the date shown on the notice. Any such hearing shall be set not earlier than ten days after receipt of the owner's request. The hearing shall be held before the City Council. The decision of the City Council shall be final and conclusive

3. At the expiration of the time within which to request a hearing, or upon a decision adverse to the owner after hearing, the City Council shall cause such lien to be recorded with the county recorder in the form and manner prescribed by law. Thereafter, such lien shall not be released by the Finance Director unless and until it is fully and completely paid or an acceptable arrangement with the city has been agreed to by the city.

4. The Finance Director is authorized to determine the administrative cost of the delinquency, including costs associated with processing the delinquent account, which will be subject to an individual lien pursuant to the recording procedures of this section. Delinquent charges will be collected as a special assessment. Not less often than once a year, the Finance Director may initiate proceedings to make delinquent sewer service/ connection charges a special assessment against the parcels of property to which such service was rendered.

5. The Finance Director shall transmit through the City Administrator to Council, a report of delinquent charges.

6. Hearing: Upon receipt of the report, the City Administrator shall fix a time, date and place for the City Council to hear the report, and any protests or objections thereto. At the time fixed for consideration of the report, the Council shall hear it along with any objections of the property owners liable to be assessed for delinquent accounts. The Council may make such revisions, corrections, or modifications to the report as it may deem just; and in the event the Council is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the City Council on the report and on all protests or objections thereto shall be final and conclusive.

7. Method of collection; applicability of other liens, laws, etc.

(a) Upon confirmation of the report by the Council, the delinquent charges contained therein shall constitute a special assessment against the property at which the services were rendered. Thereafter, such assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent ordinary property taxes.

(b) The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property, and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessments.

8. Report transmitted to auditor: A certified copy of the confirmed report shall be filed annually with the county auditor on or before August 15th. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current years.

(Ord. 785-2009, § 4, 2009)