Indio Municipal Code Ch. 57 Sanitary Sewer Collection and Treatment

Subchapter 1. Definitions and Rules of Construction

[Ord. 1525, 2-6-2008]

Unless the provisions or the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this chapter. The provisions of this chapter and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

[Ord. 1525, 2-6-2008]

Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission.

[Ord. 1525, 2-6-2008]

Whenever a notice is required to be given under this chapter, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his or her last known business or residence address as the same appears in the public records of the county or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

[Ord. 1525, 2-6-2008]

Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit or declaration under penalty of perjury as provided by the Cal. Civ. Proc. Code § 2015.5 of any person over the age of 18 years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.

[Ord. 1525, 2-6-2008]

Whenever a power is granted to or is duly imposed upon a public officer, or employee, the power may be exercised or the duty may be performed by a deputy of such officer, or employee, or by a person otherwise duly authorized, pursuant to law or ordinance or regulation or by an officer of the county or city, or by a deputy or employee of such officer when by contract with the city such officer is obligated and has agreed to perform certain duties on behalf of the city, unless this chapter expressly provides otherwise.

[Ord. 1525, 2-6-2008]

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHANGE IN OPERATIONS

Any modification in the operational procedures of a commercial kitchen which has the potential to significantly increase the amount of grease generated by food preparation, including, without limitation, any substantial increase in the net public area, any substantial increase in the hours of operation, any significant increase in the size of the kitchen or the number of food service or food preparation employees, or any significant change in the size or type of food preparation equipment.

COMMERCIAL KITCHEN

Any business operating in the city as a full service or take-out restaurant, catering kitchen, employee cafeteria, or any other facility engaged in preparing and heat-processing food for consumption by the public or employees and which uses any equipment that produces grease vapors, steam fumes, smoke or odors that are required to be removed by a Type I or Type II hood. Establishments engaged only in assembling or serving food that is prepared entirely off site, and whose kitchen equipment consists only of beverage warmers and microwaves are not considered commercial kitchens.

COMMERCIAL PREMISES

Includes any building or site in any zone within the city, other than residential premises, from which any business, service, non-profit, governmental, institutional, commercial or industrial activity is conducted including, without limitation, motels, hotels, recreational vehicle parks, restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, and private schools.

COUNTY

County of Riverside.

DIVISION

The Sanitary Division of the Public Works Department of the city.

ENGAGE IN

Includes carry on, keep, conduct, maintain, or cause to be kept or maintained.

DIRECTOR

The Public Works Director of the city, or his or her designee.

GREASE

Any oil, fat, or oily, fatty substance such as vegetable or animal fat that runs or may turn viscous or solidifies with a change in temperature or other conditions.

LAW

Denotes applicable federal law, the constitution and statutes of the State of California, the ordinances of the City of Indio, California, and any and all rules and regulations which may be promulgated hereunder.

NUISANCE

Is anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or other condition specified in Cal. Civ. Code § 3479.

OCCUPANT

As used in reference to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.

OPERATE

Includes carry on, keep, conduct, maintain, or cause to be kept or maintained.

PARCEL

Is a parcel as designated by the County Assessor.

PERSON

Includes any person, firm, association, organization, partnership, business trust, company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the city.

PUBLIC SEWER

The main sewer or trunk sewer, constructed in a street, highway, alley, place or right-of-way dedicated to public use.

REMODELING

Any physical change to a building that requires a building permit.

RESIDENTIAL PREMISES

Are single-family dwellings and multiple-unit dwellings.

SEWAGE

The water borne wastes from dwellings, kitchens, restaurants, institutions, stables, dairies, business buildings and other similar structures, but excluding any stormwater, rainwater, surface water, ground water, roof or yard drainage.

STATE

The State of California.

STREET

Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in the city which have been or may hereafter be dedicated and open to public use and accepted by the city, or such other public property as designated in any law of this state.

TENANT

As used in reference to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.

Subchapter 2. Connection Charges

[Ord. 1525, 2-6-2008]

Property owners who wish to connect to the public sewer shall pay charges in the amount specified by the City Council in the fee resolution.

[Ord. 1525, 2-6-2008]

In addition to all other charges set forth herein, each applicant shall pay the cost of any laterals and wyes installed by the city for use by the applicant's property. The charges paid shall be the actual cost paid for the laterals or wyes by the city.

[Ord. 1525, 2-6-2008]

(A) In addition to the charges provided for in this code, any person desiring to have property connected to the public sewer shall be charged such additional amount as the City Council finds equitable, fair and just in cases where:

(1) The property proposed to be connected would receive a direct benefit from lines or facilities which are being or have been installed by the city or others in the immediate area of the property proposed to be connected whether by virtue of a special assessment district or otherwise; or

(2) In any area within the city where the lines are being or have been installed by a person having a reimbursement program or agreement with the city and where the property of the person desiring to connect would receive a benefit by using the lines of said person who has a reimbursement program or agreement with the city.

(B) The provisions of this section shall not take effect in any instance unless and until the City Council shall, after considering the situation, make a finding that facts exist which bring said situation within the provisions of this section.

[Ord. 1525, 2-6-2008]

Nothing in this chapter shall affect the obligation of any person to the city for charges which are due or unpaid to the city upon the effective date of the ordinance adopting this chapter or thereafter resulting from the adoption of subsequent ordinances. All of said obligations shall remain in full force and effect and shall be due to the city in accordance with the provisions of said prior regulations.

[Ord. 1525, 2-6-2008]

The city hereby incorporates the provisions of §§ 5464 and 5474, as amended from time to time, of the Cal. Health & Safety Code pertaining to connection of property to the public sewer for owners participating in special assessment districts.

[Ord. 1525, 2-6-2008]

In addition to the fees set forth in this chapter, when a new sewer line or relief sewer line has to be constructed in any drainage basin because of new development or redevelopment or impending new development or redevelopment, the City Council may spread the cost of such construction over such new developments or redevelopments. New developments or redevelopments may be permitted to connect to existing sewer lines having limited capacity provided such new developments or redevelopments contribute their pro rata share as determined by the city, or the estimated costs of a new line or relief line which would be built at a later time.

Subchapter 3. Sewer Service Charges

[Ord. 1525, 2-6-2008]

Each lot, piece, parcel, dwelling, building or structure within the city, for which application is made for a permit to connect to the existing public sewer of the city shall be required to pay a sewer service charge as set forth herein.

[Ord. 1525, 2-6-2008]

Where additional residential or commercial units are added to existing buildings or structures already connected to the public sewer of the city and such additional units will be making use of said sewers, then in such event there shall be paid a sewer service charge.

[Ord. 1525, 2-6-2008]

Where existing buildings and structures are now or hereafter connected to the public sewer of the city and the use of such buildings and/or structures is changed to a use having a higher charge under this chapter, then in such event there shall be paid a sewer service charge as set forth by the City Council in the fee resolution conforming to such new use. Said charge shall be the difference between what the prior use charge would be under this chapter and what the new use charge is under this chapter.

[Ord. 1525, 2-6-2008]

Such sewer service charge shall be one charge for the connection and use of the sewage facilities of the city. Such charge shall be over and above all other fees or charges made by the city for inspection of all sewer lines larger than four inches inside diameter.

[Ord. 1525, 2-6-2008]

The charges and rates therefor shall be established by the City Council in the fee resolution.

[Ord. 1525, 2-6-2008]

Pursuant to the provisions of Cal. Health & Safety Code § 5471, as may be amended from time to time, the City Council hereby elects to have the sewer service charge for parcels within the corporate boundaries of the city collected with the charges of the Indio Water Authority, and that these charges may be collected on the same bills as the water charges, or on separate bills, as may be determined by the city.

[Ord. 1525, 2-6-2008]

Pursuant to the provisions of Cal. Health & Safety Code § 5471, as may be amended from time to time, the City Council hereby elects to have the sewer service charges for those areas outside of the corporate boundaries of the city collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the city.

[Ord. 1525, 2-6-2008]

In addition to the sewer service charges herein, the additional amounts as the City Council may establish in the fee resolution shall be charged and received by the city for inspection of all sewer lines.

[Ord. 1525, 2-6-2008]

In addition to the charges under § 57.27 above, there shall be paid a sum in an amount established by the fee resolution, for the time spent for inspection, including travel, for any inspection requested on a holiday, or at a time other than between 8:00 a.m. and 5:00 p.m. on regular working days.

[Ord. 1525, 2-6-2008]

The City Council may establish in the fee resolution such additional charges and fees as the Council may determine are reasonable and appropriate for connection to city facilities and for services the owner of the property may receive or request from the city.

[Ord. 1525, 2-6-2008]

(A) Variances. The Director may, upon good cause being shown, grant variances from any of the provisions of this chapter and may reduce or eliminate any of the charges and/or fees referred to herein upon the finding that unusual circumstances exist which would result in undue hardship or unfairness to the person or where the Director finds that it would be in the best interests of the city to waive any part or all of such charges and/or fees.

(B) Connection credits. The Director, in order to encourage the use of the public sewer instead of septic tanks and in order to facilitate connections to city facilities as fairly as possible for all users, may allow a credit towards the sewer service charge up to the amount of such fee in those instances where the future user is faced with abnormal or excessive additional costs either in construction of the local collector line or for payment of reimbursement for such lines.

Subchapter 4. Sewers

[Ord. 1525, 2-6-2008]

No connection to any of the public sewer shall be made unless a permit shall first have been issued by the city for connection. No connection pursuant to any such permit shall be made at any other place than that designated therein. Where additional fixtures in excess of the original fixture units are added to existing buildings or structures or reconnected to the public sewer and such additional fixtures will be making a use of said sewer lines, then in such event said additional fixtures shall not make use of said public sewer unless a permit shall first have been issued by the city for such additional fixtures.

[Ord. 1525, 2-6-2008]

(A) No connection from any building or other structure shall be made to any public sewer, if such connection or any portion thereof is in, under, across or upon any lot other than the lot on which said building or structure is located.

(B) If a lot requiring a sewer connection is so situated that access to the public sewer is not possible except across some other lot, a sewer connection may be placed in a recorded easement which includes the right-of-way and maintains such connection and is appurtenant to the lot to be served by such sewer connection.

[Ord. 1525, 2-6-2008]

No person shall connect any sewer which has been or may hereafter be, constructed in any street, highway, alley, right-of-way or other public place prior to the dedication and acceptance of such street, highway, alley, right-of-way or other public place by the city or county on behalf of the public, unless such sewer first mentioned shall have been laid under the supervision and/or to the satisfaction of the Director and in accordance with all city or county regulations applicable thereto.

[Ord. 1525, 2-6-2008]

No person shall connect or discharge into the public sewer any sewage, affluent or other matter from any septic tank or cesspool or to any building thereto.

[Ord. 1525, 2-6-2008]

Except as otherwise provided in this chapter, it is unlawful to place, deposit or discharge, either directly or indirectly, into any public sewer or into any sewer connection or on or upon any street, alley or public place or upon any private property or any other place in such a manner that the same will be permitted to run into any such public sewer, any of the following substances:

(A) Any oil, petroleum, gasoline, naphtha, liquid asphaltum or petroleum product, or any fatty matter, benzene, fuel, or other flammable or explosive liquid, solid or gas;

(B) Dead animals, fish, fruit or vegetable matter in any form;

(C) Any commercial waste other than domestic sewage that will not readily disintegrate in the sewage treatment plant or that will cause or tend to cause obstructions in the sewer system or the sewage treatment plant or interfere with or tend to interfere with the efficient and successful operation of the system or the plant, or cause a potential hazard or objectionable odor;

(D) Any chemicals or wastes destructive to masonry or portland cement concrete;

(E) Grease, except in quantities commonly contained in domestic sewage, or commercial waste which may contain more than 200 parts per million, by weight, of fat, oil or grease;

(F) Any effluent of a temperature exceeding 140ºF, or that would cause the temperature of wastewater entering the headworks of any wastewater treatment plant to exceed 104ºF;

(G) Any radioactive waste, which exceeds the limits specified in Title 17, Chapter 5, Subchapter 4, Group 3, Article 5, § 30287 of the California Code of Regulations;

(H) Any commercial waste, including but not limited to mineral salts, molds or wastes resulting from their manufacture and other products which will tend to sterilize activated sludge, trickling filter slimes, or slime growth on artificial or natural slow sand and filters;

(I) Any solids or viscous substances of such size or in such quantity that may cause obstruction to the flow in the sewer or to be detrimental to proper wastewater treatment plant operation;

(J) Any wastes with odors of such strength that the discharge of the wastes to any wastewater treatment plant results in, as determined by the city, an odor violation of the treatment plant's waste discharge requirements, where without the discharge no odor violation would have been anticipated;

(K) Any waste containing substances that may precipitate, solidify or become viscous at temperatures between 50ºF and 100ºF;

(L) Any waste capable of passing through the waste water treatment works and producing discoloration of treatment plant effluent;

(M) Any water added for purposes of diluting wastes which would otherwise exceed applicable maximum concentration limitations;

(N) Any waste which may create a fire or explosion hazard in the wastewater collection or treatment system;

(O) Any waste prohibited by federal standards from being discharged to the sewer system;

(P) Any ashes, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, rags, earth or stone dust or any other solid or viscous substance capable of causing obstruction of the flow in sewers or other interference with the proper operation of the sewage works;

(Q) Any commercial waste containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

(R) Any noxious or malodorous gas or substance capable of creating a public nuisance;

(S) Any liquid or vapor having a temperature higher than 85ºF unless properly treated for scale inhibition.

[Ord. 1525, 2-6-2008]

Before any person may discharge alkalies, acids or other corrosive or harmful wastes into the public sewer, he or she shall reduce the biochemical oxygen demand (BOD) and control the pH to the extent which the city finds adequate, taking all circumstances into consideration. In all cases the wastewater discharge shall have a pH within the range of 6.0 to 9.5.

[Ord. 1525, 2-6-2008]

No person shall connect any roof drain, yard drain or other conduit used for carrying off rain or surface water, to any public sewer or sewer leading thereto. No person shall cause or permit any indirect connection to the public sewer or house sewer leading thereto by means of which rain or surface waters are permitted to enter the public sewer.

[Ord. 1525, 2-6-2008]

No person engaged in washing motor vehicles or other equipment exclusive or incidental to any other business shall permit any water or effluent from such operations to flow into any public sewer unless the washing area is equipped with an approved sand and grease control device. Such washing areas shall be roofed over and shall be so constructed as to prevent any water from flowing over any street or public property, and to prevent any storm or surface water from entering any public sewer.

[Ord. 1525, 2-6-2008]

No person shall open or enter, or cause to be opened or entered, any manhole in any public sewer to dispose of solid waste or other deleterious substances, or storm or surface waters, or for any other like purpose.

[Ord. 1525, 2-6-2008]

The discharge of wastes into sewer manholes without the written permission of the city is prohibited.

[Ord. 1525, 2-6-2008]

When wastewater is discharged into a specified manhole under permission from the city, it shall be discharged through a pipe or hose in such a manner that none of the effluent is left adhering to the sides or shelf of the manhole, and if any such effluent is inadvertently allowed to adhere to the sides or shelf of the manhole, the manhole shall be thoroughly cleaned with clean water.

[Ord. 1525, 2-6-2008]

All residential connections and appurtenances thereto now existing or hereafter constructed, shall be maintained by the owner of the property to the property line served in a safe and sanitary condition and all devices or safeguards which are required by this chapter for the operation thereof shall be maintained in good working order.

[Ord. 1525, 2-6-2008]

No person shall discharge or deposit any commercial waste into or upon any area in the city, or into any underground or surface waters in the city where such commercial waste is or may be deposited upon or may be carried through or over any area of the city except in conformity with the provisions of this chapter, and unless the person shall have first secured, in the manner hereinafter provided, a permit so to do from the city.

[Ord. 1525, 2-6-2008]

Applications for permits required hereunder shall be filed with the Director upon printed forms to be prescribed and supplied by him or her. The Director may require any additional information, including plans and specifications which he or she may deem necessary for the proper disposition of the application.

[Ord. 1525, 2-6-2008]

The Director may incorporate in any permit issued pursuant to this chapter, such limitations or conditions as may be reasonably necessary to effectuate the purpose of this chapter and may from time to time, review the limitations or conditions which have been incorporated in any permit theretofor issued, giving consideration to changed conditions, and may, whenever in his or her judgment it is advisable or required in order to maintain the waters of the city free from pollution, alter, revise, modify, delete or add further limitations or conditions applicable to any permit theretofore issued. No such alteration, revision, modification, deletion or addition of limitations or conditions shall be effective, however, until notice in writing thereof shall have been served upon the permittee in the manner provided by § 57.03.

[Ord. 1525, 2-6-2008]

A permit issued under this chapter does not authorize any act or acts forbidden by any law, rule, regulation or order of any public agency or department and such fact shall be so stated on the face of all permits issued.

[Ord. 1525, 2-6-2008]

A permit for the disposal of commercial waste shall be valid until suspended or revoked in the manner hereinafter provided.

[Ord. 1525, 2-6-2008]

The Director may transfer a permit to the successor in interest of a permittee upon the filing by the successor in interest of a written application therefor, together with such evidence of transfer of title or interest as the Director may require; provided, however, a permit shall not be transferable from one location to another. The Director shall immediately notify by first class mail, the person that requested a transfer of a permit of the action taken.

[Ord. 1525, 2-6-2008]

For the purpose of securing compliance with this chapter, the Director shall make periodic tests of samples of commercial waste obtained from the place or places of discharge or deposit, and such other tests deemed necessary for proper administration hereof. For purpose of making such tests or inspections, the Director or his or her duly authorized deputies or agents shall be permitted at all reasonable hours to enter any premises or place where commercial waste is being or is proposed to be discharged or deposited, or where there may be a violation of this chapter.

[Ord. 1525, 2-6-2008]

Whenever the use of a sewer is discontinued by reason of connection to another sewer or by reason of moving, wrecking or burning of a building, or for any other reason, such sewer shall be sealed at the property line or easement line or at the public sewer. Whenever the Director shall find that a sewer has not been sealed as required herein, he or she shall serve notice and post the property to that effect. Unless the sewer has been sealed as required within ten days after the posting of such notice, the Director is authorized to have such sewer sealed, and the costs thereof shall be reimbursed to the city by the property owner within 30 days after the city shall render an invoice for the same.

[Ord. 1525, 2-6-2008]

The Director may suspend, condition, or deny any or all applications for connections or permits for additional fixtures where the Director determines that such action is necessary to remain within the aggregate operation capacity of the public sewer system available to the affected property for which the connection or permit is sought or to meet the discharge standards of the public sewer system imposed by the California Regional Water Quality Control Board.

Subchapter 5. Enforcement

[Ord. 1525, 2-6-2008]

In addition to the penalties provided in the code, any condition caused or permitted to exist in violation of any of the provisions of this chapter is declared to be a public nuisance and the City Attorney or authorized legal representative may with approval of the City Council commence an action for abatement thereof in the manner provided by law. A civil action may be filed, whether or not criminal proceedings have been commenced for the same conduct. Every day such condition continues shall be regarded as a new and separate offense.

[Ord. 1525, 2-6-2008]

The Division may inspect as often as it deems necessary, every sewage pumping plant, sewage treatment plant, industrial liquid waste pretreatment plant, residential sewer, grease control device, dilution basin, neutralization basin, backwater trap or valve, or other similar appurtenances to ascertain whether such facilities are maintained and operated in accordance with the provisions of this chapter. All persons shall permit the city or its representatives, to have access to all such facilities at all reasonable times.

[Ord. 1525, 2-6-2008]

Whenever it comes to the attention of the Director that sewage is overflowing from any plumbing fixture which is located below the elevation of the rim of the nearest upstream main sewer manhole due to the backing up of sewage in the public sewer, or due to pressure in the public sewer, or due to any cause whatsoever, except a temporary stoppage in any such plumbing fixture, the Director may order and require the plumbing fixture to be plugged up, or capped, or may require that a back-water trap or backwater sewer valve be installed to prevent such overflow.

[Ord. 1525, 2-6-2008]

The Director may disconnect from the public sewer any commercial or residential connection which is constructed or connected without a permit or which is used contrary to the provisions of this chapter. The Director shall make every reasonable effort to notify the owner or occupant of the premises affected by any proposed disconnection and may grant a reasonable time for elimination of the violation.

[Ord. 1525, 2-6-2008]

Whenever any permittee or any other person causes obstruction, damage, or destruction of a public sewer, street, or public improvement, or is responsible in whole or in part for any spill or discharge of effluent in a manner that is not permitted under this chapter, such permittee or person shall reimburse the city, and any other affected public agency for all costs, including reasonable administrative and overhead costs incurred for flushing, repairing, reconnection, or cleaning of such sewer, street, or public improvement within 30 days after the Indio, city, or affected public agency shall render an invoice for the same.

[Ord. 1525, 2-6-2008]

In addition to the enforcement authority provided in the code and in this chapter, whenever the Director finds that any person is acting in violation of any provision of this chapter or of any permit issued hereunder, he or she may serve upon the person causing or suffering such violation to be committed, including the permittee, if a permit has been issued, a notice of violation. The notice shall state the act or acts constituting the violation and shall direct notice as the Director may deem reasonable.

[Ord. 1525, 2-6-2008]

Whenever the Director finds that the continued violation of any provision of this chapter or of the conditions of any permit issued hereunder is so aggravated that the prevention of pollution of underground or surface waters requires the immediate cessation of the activities causing the violation, he or she may so direct in a notice of violation. A person who has been so notified shall immediately cease all such activities and shall not resume them until the Director determines that all of the violations charged in the notice have been corrected.

[Ord. 1525, 2-6-2008]

(A) In addition to the enforcement authority herein, the Director may suspend a permit by giving notice thereof to the permittee:

(1) When a permittee fails to rectify a violation within the time specified in a notice thereof; or

(2) When a violation is so aggravated as to require cessation of activities as provided in the preceding section.

(B) A permit suspended by the Director shall be reinstated by the Director when all of the violations charged in a notice thereof have been corrected.

[Ord. 1525, 2-6-2008]

In addition to the enforcement authority herein, the Council may, after notice and hearing as hereinafter provided, revoke a permit on any one or more of the following grounds:

(A) Fraud or deceit in obtaining a permit;

(B) Failure of a permittee to correct a violation within the time prescribed in a notice of violation;

(C) Willful violation of any provisions of this code or a condition or limitation of a permit, or any lawful order of the Director.

[Ord. 1525, 2-6-2008]

Proceedings for the revocation of a permit may be initiated:

(A) By the Director by serving upon the permittee a copy of, and filing with the City Clerk, a written recommendation of revocation setting forth the grounds therefor and requesting a hearing thereon before the City Council;

(B) By the City Council on its own motion or upon complaint of a third person, by serving or causing to be served upon the permittee and the Director a notice of intention to revoke, setting forth the grounds therefor and designating a time and place for hearing thereon.

Subchapter 6. Payment and Enforcement of Fees

[Ord. 1525, 2-6-2008]

The amounts billed to the property owner shall be paid by the due date stated in the bill. For amounts unpaid by the due date, the city shall send bills bearing notification to the property owner concerned that if the bills are not paid within 15 days, they shall become delinquent and, pursuant to Division 5, Part 3, Chapter 6, Article 4 of the Cal. Health and Safety Code (§§ 5470 et seq.), a basic penalty equal to 10% of the charge shall be immediately imposed, and an additional penalty in the amount of ½% of the charge per month shall be imposed for each month that payment is delinquent thereafter. Charges which remain delinquent for a period of 60 days shall become and constitute a lien against the property against which the charge is imposed, which lien shall become effective upon recordation with the County Recorder and when so recorded shall have the force, effect and priority of a judgment lien.

[Ord. 1525, 2-6-2008]

The city shall, upon request by the owner of a single family residence, send statements for charges to his or her tenant or occupant thereof. It shall remain the responsibility of the property owner to ensure payment of the charges, as they are a charge against the property itself.

[Ord. 1525, 2-6-2008]

A returned check charge in the amount specified by the City Council in the fee resolution may be imposed for all checks made payable to the city which are returned from the bank for any reason whatsoever. This fee shall be payable each time a check is returned. Further, all provisions for collection of delinquent accounts as set forth in this chapter shall be applicable to the returned check charge.

[Ord. 1525, 2-6-2008]

For any bills unpaid within two weeks after the end of the fiscal year, the city shall notify the property owner concerned that the Council shall review and approve as a charge against the property the delinquent amount, and the amount of the penalty and interest. The delinquent bill shall be filed with the County Auditor and, upon recordation by the County Recorder, shall constitute a lien against the property. The assessment shall be collected at the same time and in the same manner as are county property taxes and shall be subject to the same penalties and to the same procedure for foreclosure and sale as provided for ordinary county taxes.

[Ord. 1525, 2-6-2008]

As a method of enforcing the provisions of this code or any other resolution, ordinance, rule or regulation pertaining to the collection or disposal of sewage or where any charges or fees are due, the Council upon a 3/5 vote may authorize the termination of sewer service to any property.

[Ord. 1525, 2-6-2008]

Prior to termination of service, the City Council shall notify in writing the owner, tenant, occupant or person in charge of such property that service is intended to be so terminated and conduct a hearing thereon. Such notice shall be mailed to the owner at the address shown on the records of the assessor of the county or is known to the City Council and a copy shall be delivered to the tenant, occupant, or person in charge thereof, or posted conspicuously on the property. The notice shall state the date of proposed termination of service and the reason therefor and the date the City Council shall hold a hearing upon such intended termination. Such hearing shall not be held less than ten days subsequent to the giving of notice as herein provided.

[Ord. 1525, 2-6-2008]

Where service has been disconnected as provided herein the City Council may require the person or persons making application for re-establishment of service to pay all expenses incurred by the city in causing such disconnection and re-connection before permission is granted re-establishing service to such property.

[Ord. 1525, 2-6-2008]

During any period of disconnection, the habitation of such disconnected premises by human beings shall constitute a public nuisance, whereupon the city shall cause proceedings to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such event and as a condition of re-connection there shall be paid to the city a reasonable attorney's fee and costs of suit arising in said action.