Article VI — Connection And Service Charges

The charges established in this article are authorized by Article 4 (commencing with Section 5470) of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code. The amounts fixed by the city council from time to time for such charges shall comply with the provisions of Part 35 of 40 CFR and shall be based on the proportional contribution of each user class to the total sanitary sewer system loading.

(Ord. 87-09 § 1, 1987)

The purpose of the charges established in this article is to derive revenue which shall be used only for the acquisition, construction, reconstruction, maintenance, and operation of the sanitary sewer system, to repay principal and interest on any bonds heretofore or hereafter issued for the construction or reconstruction of the system, and to repay any federal or state loans or advances heretofore or hereafter made to the city for the construction or reconstruction of the system; provided, however, no such revenues or moneys 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. 87-09 § 1, 1987)

All users shall be classified by assigning each one to a user class on the basis of the principal activity conducted on the user's premises and the typical wastewater constituents and characteristics for that type of user. The city council shall establish the user classes for the city from time to time by resolution of the council.

(Ord. 87-09 § 1, 1987; Ord. 07-07 § 1, 2007)

All users shall pay a sewer connection charge according to their user class at the time they make application for connection to the sanitary sewer system. The amount of the sewer connection charge for each user class shall be fixed by the city council from time to time by ordinance adopted by resolution of the council.

(Ord. 87-09 § 1, 1987; Ord. 07-07 § 1, 2007)

All users shall pay a sewer service charge according to their user class. The amount of the sewer service charge for each user class shall be fixed by the city council from time to time by ordinance adopted by resolution of the council. (Ord. 87-09 § 1, 1987; Ord. 07-07 § 1, 2007)

All users shall be billed for sewer service monthly or bimonthly, at the option of the city. Sewer service charges may be collected with the rates, tolls, and charges for other utility services furnished by the city and all such charges may be billed on the same bill. Each user shall be notified, at least annually, in conjunction with a regular bill, of the rate of his sewer service charge and the portion of that charge which is attributable to wastewater treatment services. (Ord. 87-09 § 1, 1987; Ord. 02-06 § 1, 2002)

Each applicant for sewer service will be required to establish credit before receiving such service. Credit will be deemed established if the applicant meets any one of the following conditions:

• A. If the applicant makes a cash deposit in the amount of twice the estimated average periodic bill for sewer service. Such estimate shall be made by the city manager, based on average bill for similar services in the last 12 months;

• B. If the applicant furnishes a guarantor satisfactory to the city to secure payment of bills;

• C. If the applicant has been a user of the city sewer system or of any other California city as demonstrated by submission of bills for 12 consecutive months of service by the city and during such time has paid all bills without discontinuance of service for nonpayment thereof.

• (Ord. 96-07 § 1, 1996)

Notwithstanding any other provision of this chapter, sewer service charges, including any accumulated fines, interest or penalties, shall constitute a lien against the premises against which the charge was imposed, if the account user is the owner of the property and if the charge remains delinquent for a period of 60 days. Each bill for sewer service shall include a statement notifying the owner of the lien provided by this section. The lien provided by this section shall have no force or effect until recorded with the county recorder and when so recorded shall have the force, effect, and priority of a judgment lien and continue for three years from the time of recording unless sooner released or otherwise discharged.

(Ord. 87-09 § 1, 1987; Ord. 96-05 § 2, 1996; Ord. 07-07 § 1, 2007)

The city manager shall maintain adequate records of bills tendered, payments received, delinquencies recorded, charges incurred, and such other information as may be necessary. The city manager shall maintain all required records in accordance with sound accounting principles. Original records to support each payment made shall be retained for six months after which they may be destroyed provided a microfilm record is substituted. If a microfilm record is not maintained, original records of receipts and disbursements shall be retained for three years. Microfilm records shall be retained for two and one-half years. (Ord. 87-09 § 1, 1987)

Sewer service charges shall be delinquent if not paid in full on or before the thirtieth day immediately following the date upon which such charge becomes due and payable. Whenever any sewer service charge becomes delinquent, there shall be imposed a penalty equal to 10 percent of the delinquent payment. In addition, an amount equal to one and one-half percent per month of the delinquent payment and penalty shall be added to the delinquent payment for each month during which the delinquent payment remains unpaid after the delinquency date and the account remains in an open status.

(Ord. 87-09 § 1, 1987)

• A. If any user or owner disputes the amount of the sewer service charge for any premises controlled or owned by him in any bill or invoice, he shall, within 30 days immediately following the date upon which such charge becomes due and payable, file a claim with the city manager accompanied by detailed supporting factual data in support of the claim. It shall be the duty of each user or owner to prove to the city manager that such charge is in error and the correct amount thereof. If the city manager determines that the charge was in error, the city manager shall correct the bill or invoice. Failure to dispute the amount of any charge in accordance with this section shall be deemed acceptance of the correctness of the charge.

• B. The city manager shall refund any amounts due a user or owner on a closed account; provided, however, refunds on closed accounts of $10.00 or less shall not be made unless a specific request is made by the party to whom the refund is owed. The city manager may cancel all closed accounts having a balance of $20.00 or less.

• (Ord. 87-09 § 1, 1987; Ord. 07-07 § 1, 2007)

• A. The property owner, as determined by the real property tax roll of the county assessor, is liable for payment of sewer service provided by the city either directly, through contract or permit, and shall be liable for the rates, charges and fees for that service as established by the city. In situations where someone other than the property owner occupies the property receiving the service or the property owner directs that payment for services be directed to another person, the owner of the property shall be primarily liable for payment of services, though the occupant or another person may pay the charges on behalf of the property owner.

• B. It is the responsibility of the owner of the real property to provide the city with the current billing address and to notify the city of any changes of address.

• C. It shall be and is hereby made the duty of each property owner to ascertain from the city the amount and due dates of any rates, charges and fees for which the property owner is liable. It shall also be and is hereby made the duty of each owner liable for the rates, charges and fees to inform the city immediately of all circumstances, and of any change(s) in any circumstances which will in any way affect the applicability or the amount of any rates, charges and fees to the premises where sewer service is being received.

• (Ord. 19-01 § 1, 2019)