King City Municipal Code Ch. 15.44 Sewers—collection of Fees and Charges

The general provisions contained in Chapter 15.04 shall apply to this chapter.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019)

The definitions contained in Chapter 15.08 shall apply to this chapter.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019)

Copies of the schedule of rates and charges referred to in Section 15.40.030 shall be kept on file in the office of the clerk and shall be open for inspection by any interested person.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019)

The user charges to be established annually, as provided in Section 15.40.030, may be changed or modified in their application at any other time by resolution of the council; provided, that before adopting an ordinance increasing the rate of such charges or modifying the application thereof in a way which would increase the amount to be paid by any user, the council shall adopt a resolution of intention to do so and shall hold a public hearing thereon. Notice of such hearing shall be given by publishing said notice of intention in accordance with the provisions of Section 6061 of the Government Code, or by posting a copy of the same on or near the council chamber door, at least ten days prior to such hearing. Compliance with Proposition 218 shall satisfy the requirements of this section with regard to an increase in the amount to be paid by any user. The provisions of this section shall not apply to the annual establishment of charges under Section 15.40.030.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019)

Charges may be collected by billing monthly, quarterly, semiannually, or as determined by the council. Opening and closing bills for less than the normal billing period shall be for not less than one month.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019)

Bills for sewer service shall be rendered at the beginning of each billing period and the charges set forth therein shall be due and payable upon presentation.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019)

(a) Date Payment Due. Bills for the charges made pursuant to this division and penalties, if any, are due and payable on the date of billing and become delinquent 21 days after the date of such billing.

(b) Penalties. A penalty of 10% shall be assessed on all unpaid bills 21 days after the billing date.

(Ord. 394 § 7, 1978; Ord. 506 § 1, 1987; Ord. 772 § 5, 2019; Ord. 839, 11/25/2025)

Commencing with fiscal year 1978-1979, the city may elect to have charges for sewerage services and facilities provided to users under Title 15 collected pursuant to the provisions of the California Health and Safety Code, commencing with Section 5473, by having the same collected on the general tax roll in the same manner, by the same persons, and at the same time, as its general taxes. This shall be an alternative method of enforcing collection of such charges and shall not preclude the city from pursuing any other enforcement procedure or procedures that may be available under the provisions of this chapter or under any applicable provision of state law, either separately or concurrently.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019)

All unpaid penalties, fees, fines and costs imposed by Chapter 15.40 may be confirmed by the city council as a special assessment and collected with property taxes or as a judgment lien upon the respective premises from which sewage and/or industrial waste emanates. Owners of premises subject to such lien may be entitled to reimbursement by any non-owner tenant or other occupant of the premises who produced such sewage and/or waste based upon their private contractual relationship, lease or rental agreement. A special assessment and/or lien shall comply with procedural provisions established within Chapter 7.51, Section 7.51.709 of the King City Municipal Code.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019; Ord. 839, 11/25/2025)

(a) Recordation. Immediately upon the city council's confirmation of costs or penalties, the city clerk shall record a notice of special assessment and lien in the office of the county recorder, which shall constitute a lien on that property for the amount of the assessment, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes that included the special assessment imposed under this section would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of abatement and enforcement relating to the property shall be transferred to the unsecured roll for collection.

(b) Collection with Taxes. After confirmation and recordation, a copy may be turned over to the Monterey County tax collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and procedures and sale in the cases of delinquency as provided for with ordinary municipal taxes.

(c) Priority. A special assessment and lien imposed under this chapter shall have the priority of a tax lien, unless prohibited by state law, in which case the special assessment and lien shall have the priority of a judgment lien.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019; Ord. 839, 11/25/2025)

As an alternative method of collecting any of the charges imposed by Chapters 15.32 and 15.40, the clerk may prepare and record with the county recorder a list of all delinquent charges at least every six months, but no delay or informality in its recording shall invalidate the lien of any unpaid charge or any subsequent act or proceedings.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019)

The delinquent charge list shall state the amount of each delinquent charge and the penalties thereon, a description of the property subject to the lien by assessor’s parcel number, and the fact that the delinquent charge constitutes a lien upon said property in favor of the city.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019)

The city may bring an action to enforce the lien of any of the charges imposed by Chapter 15.40, together with penalties thereon and reasonable attorney’s fees, or it may, in the alternative and without taking action to enforce said lien, bring an action at law against the occupant of the premises served to collect the unpaid charges, which shall constitute a debt from said occupant to the city.

(Ord. 394 § 7, 1978; Ord. 772 § 5, 2019)