La Mesa Municipal Code Ch. 17.12 Sewer Service Charge

A. There is hereby established a fund to be designated "Sanitation Fund."

B. All revenue derived from the following service charges shall be deposited into the said "Sanitation Fund."

(Ord. 2021; May 27, 1975)

In addition to other fees, assessments or charges provided by the Code of the City of La Mesa and the laws of the state of California, all persons using the sanitary sewer system of the city shall pay for such service at the rates and times hereinafter set forth.

(Ord. 2021; May 27, 1975)

The sewer service charge for all users shall be as established by City Council Ordinance No. 2022-2898. Said ordinance shall be kept on file with the city clerk.

(Ord. 2332; November 24, 1983: Ord. 2459 § 29; August 11, 1987: Ord. 2002-2719 § 2; March 12, 2002: Ord. 2005-2756 § 2; April 26, 2005: Ord. 2007-2779 § 2; July 10, 2007: Ord. 2012-2822, § 1; June 26, 2012; Ord. 2013-2827, § 1; May 28, 2013; Ord. 2015-2841, § 1, May 26, 2015; Ord. 2017-2853, § 1, May 23, 2017; Ord. 2019-2869, § 1, May 28, 2019; Ord. 2022-2898, § 1, June 14, 2022; Ord. 2025-2920, § 1, July 22, 2025)

The city manager shall have the power to grant exceptions and to establish policies for the granting of such exceptions from the established sewer service charges. Such exceptions shall only be granted when one or more of the following situations exist:

A. Where a substantial portion of the water is used for industrial, recreational, horticultural or agricultural purposes of such a nature that less than twenty percent of the water supplied to such premises is discharged into the sewer system;

B. Where a fire service connection to the water system is installed;

C. Where the premises are not connected to the sewer system of the city of La Mesa and it is not physically possible or reasonably feasible to connect such premises with the city sewer system;

D. When water is supplied to premises through a separate water meter and such water is used entirely for irrigation purposes;

E. When water is supplied to premises by more than one water meter and one or more of such additional meters does not provide water which can be discharged into the sewer system;

F. Where the city has entered into a separate service agreement;

G. Abnormal winter water consumption;

H. New customers with no established winter month's consumption history;

I. Change and assignment of proper Standard Industrial Classification (SIC) Codes to commercial properties based on sewer strengths of the businesses occupying the properties.

(Ord. 2021 § 1; May 27, 1975; Ord. 2002-2719 § 4; March 12, 2002)

The owner or his agent of any premises subject to the sewer service charge may apply in writing to the city manager for an exception as hereinabove provided; however, no rebate of fees upon such exception shall be allowed for any fees paid one year or more preceding the filing of such application. The applicant shall furnish necessary factual data to support such application. Upon denial or conditional approval by the city manager, any applicant dissatisfied with such decision may appeal same to the city council. Such appeal must be filed in writing with the city clerk within fifteen days after notice of such decision.

(Ord. 2021 § 1; May 27, 1975: Ord. 2519 § 1; February 14, 1989)

Where the sewage from any plant, building, or premises of an industrial or commercial character shall be substantially different in volume or type from the average sewage entering the sewer system of the city, the city council shall impose an appropriate surcharge in addition to the fees imposed in Section 17.12.020 of this chapter. For the purpose of this subsection, "average sewage" shall be: in volume, seventy gallons for each one hundred gallons of water consumed on any plant, building or premises of an industrial or commercial character; or in type, three hundred parts per million of suspended solids and three hundred parts per million of biochemical oxygen demand.

(Ord. 2021 § 1; May 27, 1975)

A. All sewer service charges imposed under these provisions of the code shall be computed upon a monthly basis and shall be payable upon the billing of such charges to the owner or his agent.

B. Sewer service charges may be collected either through the tax roll of the county of San Diego, or by any method authorized by state law, including by direct payment or billing by the city or combined with other utility bills and separately designated.

C. If the sewer service charge is not paid before the close of business or postmarked before midnight of the final date for payment, a penalty shall be added thereto; provided, however, that when the final day for payment falls on Saturday, Sunday or a legal holiday, payment may be made without penalty on the next regular business day. The late payment penalty shall be established by city council resolution.

D. Sewer service charges to be imposed on property where the parcels have been created or the use thereof changed subsequent to July 1st through August 10th of each year shall be separately collected through direct billing by the city.

E. This chapter shall be enforced pursuant to applicable law, including specifically California Health and Safety Code Sections 5473.1 through 5473.10.

(Ord. 2021 § 1; May 27, 1975: Ord. 2616 § 1; January 26, 1993: Ord. 2012-2823, § 1; June 26, 2012)

When the sewer service charge has not been paid within thirty days after the final date of payment as set forth in Section 17.12.070, the owner of the property shall be notified by mail that failure to pay said charge will result in a lien upon the property. Said notice shall inform said owner of the public hearing to be held on said delinquent account.

(Ord. 2021 § 1; May 27, 1975)

When the full amount for said sewer service charge is not paid within thirty days after the final date of payment as set forth in Section 17.12.070 of this chapter, the city clerk shall set said delinquent account for hearing by the city council at the first regular or adjourned regular meeting which will be held at least seven calendar days after such thirty-day period has expired. The city clerk shall post a copy of such delinquent account, and a notice of the time and place of hearing in a conspicuous place at or near the entrance of the council chambers in the City Hall.

(Ord. 2021 § 1; May 27, 1975)

The city council shall consider said delinquent accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to said account. At the conclusion of the hearing, the city council shall either approve the account as submitted, or as modified or corrected by the city council. The decision of the city council on the charges, and on all protests or objections, shall be final and conclusive. The amounts so approved shall be charged to the property owner on the next regular tax bill, and shall be a lien upon the property involved. The city council shall confirm such assessment and cause the same to be recorded on the assessment roll, and thereafter such assessment shall constitute a special assessment against and a lien upon the property. The city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll.

(Ord. 2021 § 1; May 27, 1975)

All such assessments remaining unpaid after thirty days from the date of confirmation of the assessment by the city council shall bear interest at the rate of 7% per annum from and after such date.

(Ord. 2021 § 1; May 27, 1975)