La Puente Municipal Code Ch. 4.10 Sewer Charges (CA)

Sections:

4.10.010 Short title.
4.10.020 Definitions.
4.10.030 Charge imposed.
4.10.040 Calculation of charge.
4.10.050 Collection on tax roll.
4.10.060 Determination of charges.
4.10.070 Certification of qualified senior residences.
4.10.080 Sewer Charge Fund.
4.10.090 Administrative appeal.
4.10.100 Appeal to City Council.
4.10.110 Remedies for collection and enforcement of charges.
4.10.120 Compensation of county.

4.10.010 Short title.¶

This chapter shall be known as the "Sewer Charge Ordinance" of the City of La Puente.

(Ord. 06-850, 2006)

Exceptions & meaning →

4.10.020 Definitions.¶

Unless otherwise apparent from the context, certain words and phrases used in this chapter are defined in this Part.

"Director" means the Director of Finance or his or her designee.

"Qualified senior residence" means a single family residential parcel that has been certified as a Qualified Senior Residence by the Director of Finance or his or her designee pursuant to Section 4.10.070.

"Report" means the written report provided for in Section 5473, as amended, of the Health and Safety Code of the State.

"Sewer charge" means the charge imposed pursuant to Section 4.10.030.

(Ord. 06-850, 2006)

Exceptions & meaning →

4.10.030 Charge imposed.¶

Except as otherwise provided in this chapter, the record owner of each parcel in the city that receives sewer service shall each year pay the city a charge to fund operation, maintenance and capitol costs associated with the city's sewer system. This sewer charge shall remain in effect until repealed or modified by ordinance of the City Council.

(Ord. 06-850, 2006)

Exceptions & meaning →

4.10.040 Calculation of charge.¶

(a) The amount of the annual charge for sewer service to each parcel shall be based on flow and strength studies prepared by Los Angeles County Sanitation District which determines the hydraulic loading and strength characteristics of each customer class. The annual charge for each customer class are as follows:

Customer Class	Unit of Measure	Flow (gallons per day)	COD (pounds per day)	Suspended Solids (pounds per day)	Strength Factor per Billing Unit	Annual Rate per Billing Unit
Residential	Residential	Residential	Residential	Residential	Residential	Residential
Single family home	Dwelling unit	260	1.22	0.59	1.00	$84
Condominiums	Dwelling unit	195	0.92	0.44	0.75	$63
Multi-unit residential	Dwelling unit	156	0.73	0.35	0.60	$50
Mobile home parks	No. of spaces	156	0.73	0.35	0.60	$50
Commercial
Hotel/motel/rooming house	Room	125	0.54	0.28	0.48	$40
Store 1	1,000 ft. 2	100	0.43	0.23	0.38	$32
Supermarket 2	1,000 ft. 2	150	2.00	1.00	0.79	$67
Shopping center	1,000 ft. 2	325	3.00	1.17	1.44	$121
Regional mall	1,000 ft. 2	150	2.10	0.77	0.76	$64
Office building	1,000 ft. 2	200	0.86	0.45	0.76	$64
Medical, dental, veterinary	1,000 ft. 2	300	1.29	0.68	1.14	$96
Restaurant	1,000 ft. 2	1,000	16.68	5.00	5.29	$444
Indoor theatre	1,000 ft. 2	125	0.54	0.25	0.47	$40
Car wash
Tunnel - no recycling	1,000 ft. 2	3,700	15.86	8.33	14.10	$1,184
Tunnel - recycling	1,000 ft. 2	2,700	11.74	6.16	10.31	$866
Wand	1,000 ft. 2	700	3.00	1.58	2.67	$224
Bank, credit union	1,000 ft. 2	100	0.43	0.23	0.38	$32
Service shop, vehicle 3	1,000 ft. 2	100	0.43	0.23	0.38	$32
Animal kennels	1,000 ft. 2	100	0.43	0.23	0.38	$32
Gas station	1,000 ft. 2	100	0.43	0.23	0.38	$32
Auto sales	1,000 ft. 2	100	0.43	0.23	0.38	$32
Commercial (cont’d)	Commercial (cont’d)	Commercial (cont’d)	Commercial (cont’d)	Commercial (cont’d)	Commercial (cont’d)	Commercial (cont’d)
Wholesale outlet	1,000 ft. 2	100	0.43	0.23	0.38	$32
Nursery/greenhouse	1,000 ft. 2	25	0.11	0.06	0.10	$8
Manufacturing	1,000 ft. 2	200	1.86	0.70	0.89	$74
Light manufacturing	1,000 ft. 2	25	0.23	0.09	0.11	$9
Lumber yard	1,000 ft. 2	25	0.23	0.09	0.11	$9
Warehousing 4	1,000 ft. 2	25	0.23	0.09	0.11	$9
Open storage	1,000 ft. 2	25	0.23	0.09	0.11	$9
Drive-in theatre	1,000 ft. 2	20	0.09	0.05	0.08	$7
Night club	1,000 ft. 2	350	1.50	0.79	1.33	$112
Bowling/skating	1,000 ft. 2	150	1.76	0.55	0.70	$59
Club and lodge halls	1,000 ft. 2	125	0.54	0.27	0.47	$40
Auditorium, amusement	1,000 ft. 2	350	1.50	0.79	1.33	$112
Golf course and park (structures and improvements)	1,000 ft. 2	100	0.43	0.23	0.38	$32
Campground, marina, recreational vehicle park	Sites, slips or spaces	55	0.34	0.14	0.22	$19
Convalescent home 6	Beds	125	0.54	0.28	0.48	$40
Horse stables	Stalls	25	0.23	0.09	0.11	$9
Laundromat 5	1,000 ft. 2	3,825	16.40	8.61	14.57	$1,224
Mortuary, funeral home	1,000 ft. 2	100	1.33	0.67	0.53	$45
Health spa, gymnasium
With showers	1,000 ft. 2	600	2.58	1.35	2.29	$192
Without showers	1,000 ft. 2	300	1.29	0.68	1.14	$96
Convention center, fairground, racetrack, sports stadium/arena	Average daily attendance	10	0.04	0.02	0.04	$3
Institutional	Institutional	Institutional	Institutional	Institutional	Institutional	Institutional
College/university 7	Student	20	0.09	0.05	0.08	$7
Private school 7	1,000 ft. 2	200	0.86	0.45	0.76	$64
Library, museum	1,000 ft. 2	100	0.43	0.23	0.38	$32
Post office (local)	1,000 ft. 2	100	0.43	0.23	0.38	$32
Post office (regional)	1,000 ft. 2	25	0.23	0.09	0.11	$9
Church	1,000 ft. 2	50	0.21	0.11	0.19	$16
Other	Other	Other	Other	Other	Other	Other
Clubs, fraternal organization	1,000 ft. 2	125	0.54	0.27	0.47	$40
Commercial miscellaneous	1,000 ft. 2	200	0.86	0.45	0.76	$64
Recreational	1,000 ft. 2	100	0.43	0.23	0.38	$32
Stores, retail outlet	1,000 ft. 2	100	0.43	0.23	0.38	$32
Utilities	1,000 ft. 2	200	0.86	0.45	0.76	$64
1 Bakeries that sell the majority of their products off-site and have wastewater flows greater than 500 gallons per day are classified as industrial waste dischargers.
2 Centralized food processing facilities for distribution to supermarkets are classified as industrial waste dischargers.
3 Radiator shops are classified as industrial waste dischargers.
4 Warehouses that store hazardous chemicals and have floor drains are classified as industrial waste dischargers.
5 Laundries that are not coin operated are classified as industrial waste dischargers.
6 Hospitals that provide acute care service are classified as industrial waste dischargers. Senior citizen housing with individual cooking facilities are classified under the multi-unit residential category.
7 Student residences are classified as rooming houses unless individual units have separate cooking facilities in which case they are classified under the multi-unit residential category.

(b) The amount of the annual charge shall be reduced by 40% with respect to any qualified senior residence as described herein. Any reduction in the annual charge for any qualified senior residence shall be subsidized with general fund or other non-enterprise revenues.

(Ord. 06-850, 2006)

Exceptions & meaning →

4.10.050 Collection on tax roll.¶

The city elects to have sewer charges for each fiscal year collected on the Los Angeles County tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the ad valorem property tax. Except as provided for in Section 5473.8 of the California Health and Safety Code, the sewer charge shall constitute a lien against each parcel with respect to which it has been charged as of noon on the first Monday in March immediately preceding the date of levy.

(Ord. 06-850, 2006)

Exceptions & meaning →

4.10.060 Determination of charges.¶

(a) The Director of Finance, or his or her designee, shall cause a written report to be prepared each year and filed with the City Clerk, which shall contain a description of each parcel subject to the sewer charge and the amount of the sewer charge for each parcel for the year, computed in conformity with the method set forth in Section 4.10.040. The written report shall contain all information required by Section 5473 of the California Health and Safety Code.

(b) The City Clerk shall give notice of the filing of said report pursuant to Section 5473.1 of the California Health and Safety Code and of the date for a public hearing before the City Council with respect to the report.

(c) At the time stated in the notice, the City Council shall hear and consider all objections or protests, if any, to said report. The City Council may continue the hearing from time to time. If the City Council finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel land.

(d) Upon the conclusion of the hearing, the City Council may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in said report. The determination of the City Council shall be final.

(e) On or before August 10 of each year, the City Clerk shall file with the Los Angeles County Auditor a copy of the report approved by the City Council. The City Clerk shall endorse upon the report a statement over his or her signature that the report has been finally adopted by the legislative body of the entity.

(Ord. 06-850, 2006)

Exceptions & meaning →

4.10.070 Certification of qualified senior residences.¶

(a) A "qualified senior residence" is a single family residential parcel that is owned, either in whole or as a joint tenant by a record owner who meets all three of the following criteria:

(1) The person must occupy the parcel as his or her primary residence.

(2) The person must be at least 62 years of age.

(3) The person must be a "low" to "extremely low" income person, as those terms are defined by the United States Department of Housing and Community Development's most current version of the current income guides.

(4) The person must submit to the city their respective water bills to determine whether the person is a low flow water user. A low flow user is defined as a person whose annual average water use does not exceed 200 gallons per day.

(b) In order to have his or her parcel certified as a qualified senior residence for any fiscal year, the owner of a parcel must, on or before May 1 of the prior fiscal year, submit to the Director an application setting forth the owner's qualifications pursuant to subdivision (a) of this section. The Director shall prepare a form for such application, may require that all applications be submitted on the designated form, and may request supporting data to be provided by the applicant.

(c) Upon receiving an application pursuant to this section, the Director shall conduct an investigation and determine whether the applicant qualifies for the discount as provided in this section. The decision of the Director shall be final.

(Ord. 06-850, 2006)

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4.10.080 Sewer Charge Fund.¶

(a) Proceeds of the sewer charge shall be segregated in a fund titled "Sewer Charge Fund."

(b) Monies in the Sewer Charge Fund shall be expended solely on operating, maintenance, and capital costs associated with the city's sewer system, including any debt service and incidental expenses associated with the financing of capitol improvements to the city's sewer system.

(c) Each fiscal year, the Director shall transfer from the city's general fund to the Sewer Charge Fund an amount equal to the total charge reductions granted pursuant to Section 4.10.040(b) with respect to that fiscal year.

(Ord. 06-850, 2006)

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4.10.090 Administrative appeal.¶

(a) The procedure set forth in this section shall be available to any record owner of property who temporarily ceases use of the sewer system or, for any other reason, believes that the amount determined and charged pursuant to Section 4.10.060 does not accurately reflect his or her land use classification during the period for which the charge is imposed.

(b) Any user may apply to the Director for an adjustment of his or her sewer charge if the charge is above the minimum rate for the user's land use classification. An application must show the amount of the charge the user believes accurately reflects his or her land use classification and the means by which the user calculated that amount. The Director may require that appeals be made in specific format (or on a specific form) and may request supporting data to be provided by the applicant.

(c) Upon receiving an application pursuant to this section, the Director shall conduct an investigation, and shall fix as the charge the amount he or she finds to be appropriate, based upon examination of the evidence provided by the applicant and such additional evidence as the Director may obtain.

(d) Any adjustment shall be retroactive to the year challenged only. In no event shall an adjustment be retroactive more than one year. If, given the nature of the evidence provided by the applicant, the Director finds it equitable to do so, an adjustment may extend to future years.

(e) Any increased charge resulting from the procedure set forth in this section shall be collected in conformance with this chapter.

(f) Any decreased charge resulting from the procedure set forth in this section shall be returned to the user as a cash refund.

(Ord. 06-850, 2006)

Exceptions & meaning →

4.10.100 Appeal to City Council.¶

(a) Except as otherwise provided herein, when any person desires to apply for relief from any charge levied pursuant to any provision of this chapter, following an exhaustion of the administrative appeal procedures available pursuant to Section 4.10.090, he or she may make an application to the City Council on a form provided by the City Clerk.

(b) The Council shall review the matter at a hearing and, if the Council shall find sufficient justification, may grant the relief requested or make whatever determination it deems appropriate.

(c) The City Clerk may periodically schedule such hearings for the convenience of the Council; provided, however, not more than ninety (90) days shall elapse from the time an application for relief is filed to the time a determination is made.

(Ord. 06-850, 2006)

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4.10.110 Remedies for collection and enforcement of charges.¶

The remedies for collecting and enforcing the sewer charges set forth in this chapter shall be cumulative and may be pursued alternatively, or any thereof may be used consecutively when the Council so determines. If any one of such remedies is, or may be, invalid, all valid remedies shall remain effectual. The costs of collection and of the enforcement of the remedies for the collection of sewer charges may be from the revenues from such charges. Any holder of any bond outstanding at any time, which bond is payable from sewer charge revenues, may compel the use of any or all of the remedies provided in this chapter. The holder of any bond payable from sewer charge revenues, by mandamus, may compel the Council to increase the sewer charges to the extent which will make them sufficient to provide enough moneys for the payment of the bonds.

(Ord. 06-850, 2006)

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4.10.120 Compensation of county.¶

The county shall be compensated for services rendered in connection with the levy, collection, and enforcement of sewer charges for the city in accordance with an agreement between the Council and the Board of Supervisors of the county for the collection of taxes for the city.

(Ord. 06-850, 2006)

Exceptions & meaning →