Hawaiian Gardens Municipal Code Ch. 13.12 Sewage Disposal Charges—reconstruction of Sewer System

Most of the existing sewers in the City were constructed years ago and were designed to serve residential and agricultural properties. However, due to the ever-increasing population density within the City, the erection of many multi-family dwelling units and growth of the commercial areas, the City sewer system is no longer adequate to accommodate the increased volume of sewage generated by the larger buildings. The purpose of this chapter is to establish a means of providing adequate sewers required by development of the City; to establish a charge to be collected from all the properties that propose to discharge, to the public sewer, quantities of sewage in excess of the quantity for which the existing sewer system was designed; and to establish a fund into which these charges may be deposited and from which moneys will be available for the City sewer reconstruction program.

(Ord. 18 § 1, 1964; Prior Code § 5103)

City Council means the City Council of the City of Hawaiian Gardens, County of Los Angeles, State of California.

City Engineer means the City Engineer of the City, or his/her deputy, agent or representative.

Floor area means the area included within the exterior walls of a building or portion thereof, exclusive of vent shafts and courts.

Lot means any piece or parcel of land bounded, described or shown upon a map, plot or deed recorded in the office of the County Recorder, County of Los Angeles; or shown as a separate parcel on the last equalized assessment roll which conforms to the boundaries of such lot as shown upon such recorded map, plot or deed or roll; provided, however, that in the event any building or structure or intended use covers more area than a lot as herein defined, the term "lot" shall include all such pieces or parcels of land upon which said building or structure or intended use is wholly or partly located, together with the yards, courts and other unoccupied spaces legally required for the building or structure.

Peak flow means the instantaneous maximum rate of flow of sewage to be discharged to the sewer and, for the purpose of this chapter, shall be as provided herein or as determined by the City Engineer.

Public sewer means the main line public sanitary sewer and other sewer lines within the City in which capacity has been assigned to the City by the owner of the sewer.

(Ord. 18 § 1, 1964; Prior Code §§ 5106, 5107, 5109—5112)

The sewer reconstruction program shall be carried out basically in accordance with the City sewer reconstruction plan which is on file in the office of the City Engineer. If compliance with the reconstruction plan is impossible or impractical because of peculiar or unforeseen conditions and the purposes of this chapter may be accomplished and the public health and safety assured by an alternate construction, and the City Engineer so finds, he/she may grant an exception to the reconstruction plan permitting such alternate construction.

(Ord. 18 § 1, 1964; Prior Code § 5104)

No person shall, within the City, erect, construct, enlarge or alter any building or structure or cause the same to be done without first having complied with the provisions of this chapter.

(Ord. 18 § 1, 1964; Prior Code § 5113)

The City Engineer shall enforce and administer all the provisions of this chapter.

(Ord. 18 § 1, 1964; Prior Code § 5115)

The City Engineer shall determine what capacity is necessary in each public sewer to provide for the proper collection of sewage in the City. In the event a lot in the City is to undergo development or redevelopment, and the anticipated sewage from the proposed use is found by the City Engineer to exceed the capacity available in the public sewer, the building permit for such development or redevelopment shall not be issued until such time as capacity in the public sewer is available or can be made available before the building is occupied.

(Ord. 18 § 1, 1964; Prior Code § 5116)

A. The size and grade of each public sewer must be such as to provide at all times sufficient capacity for peek flow rates of discharge. In order to establish estimates of sanitary sewage at peak flow, the owner shall submit building plans and such other information as the City Engineer may require on printed forms provided for that purpose.

B. The following table is established as the peak flows for the various occupancies and shall be used as the basis for computing the discharge rates to the public sanitary sewer:

C. All others shall be classified by the occupancy it most nearly resembles as determined by the City Engineer or as computed by the City Engineer in accordance with the anticipated use.

D. The peak flow to the sanitary sewer for a building containing mixed occupancies shall be determined by adding the peak flow characteristics of the various occupancies as set forth in the above table or as otherwise provided.

(Ord. 18 § 1, 1964; Prior Code § 5117)

The applicant for a permit to build in the City shall declare all information necessary, as determined by the City Engineer, to comply with the provisions of this chapter and shall pay, to the City, through its City Clerk, at the time of issuance of a building permit, a charge based on the additional peak flow created by the new construction, or change of use, at the rate of $0.15 per gallon per day of additional peak flow less any credit which might be allowed as provided herein. The charges as provided for in this section may be increased, decreased, or otherwise modified from time to time by the City Council by the adoption of a resolution of the City Council setting forth such increased, decreased, or otherwise modified charge or charges.

(Ord. 18 § 1, 1964; Prior Code § 5118)

In calculating the chargeable peak flow of sewage, each lot shall be given a credit equal to zoning in effect at the time said lot was incorporated into, or annexed to the City. Any lot zoned R-2 when sewers were installed will be allowed 1,200 gallons per day, based on the formula in Section 13.12.070. This credit shall not be applied more than once to the same lot, except when the building, or buildings, on the lot have been demolished.

(Ord. 21 § 1, 1964; Ord. 18 § 1, 1964; Prior Code § 5119)

The moneys collected under Section 13.12.080 shall be paid to the City Clerk, who shall deposit such moneys with the City Treasurer, to be credited by the City Treasurer to the City sewer reconstruction fund.

(Ord. 18 § 1, 1964; Prior Code § 5120)

Money deposited in the City sewer reconstruction fund as provided herein may be expended by the City Council to accomplish any lawful purpose as set forth in Sections 13.12.010 and 13.12.030 and as set forth in Section 5471 of the Health and Safety Code of the State, or for such other sewer purpose that the City Council may lawfully authorize. All engineering costs, refunds as provided herein, mileage, overhead, incidentals and construction costs necessarily incurred in the reconstruction of sewers shall be charged to the fund, to the extent allowed by law.

(Ord. 18 § 1, 1964; Prior Code § 5121)

In the event any person shall have paid the applicable sewer charge based on the additional peak flow created by the new construction as provided herein and no portion of the new construction shall have been commenced and the permit for such construction shall have been cancelled or expired, said person shall be entitled upon written request to a refund in an amount equal to 100 percent of the sewer charges paid by said person minus one percent of said charge, however, the amount retained shall not exceed $10.00. No interest shall be paid as to any refund.

(Ord. 18 § 1, 1964; Prior Code § 5122)

Any order, requirement, decision, determination, interpretation or ruling made by the City Engineer in the administration or enforcement of this chapter may be appealed therefrom to the City Council by any person or owner aggrieved thereby. Such appeal shall be filed in the office of the City Clerk and shall be filed within 15 days after the rendition in writing of the decision or determination appealed from, or it shall be dismissed by City Council. Such appeal shall be filed in writing, and must set forth specifically wherein there was error or abuse of discretion by the City Engineer. Upon hearing the appeal, the City Council shall consider the record, and such additional evidence as may be offered and may affirm, reverse or modify in whole or in part the order, requirement, decision, determination or interpretation appealed from or make and substitute such other additional decisions or determination as it may find warranted under the provisions of this chapter.

(Ord. 18 § 1, 1964; Prior Code § 5123)