Lakeport Municipal Code Art. VII Fees

It is the purpose of this article to provide for both the recovery of costs from users of CLMSD facilities and related programs established herein and to provide for a sewer service charge to be imposed on all users of the CLMSD sewerage system. The applicable charges or fees will be set forth in the CLMSD schedule of rates, fees and charges.

(Ord. 872 § 8.1, 2008)

All users shall pay a sewer service charge for the CLMSD wastewater disposal services. The sewer service charge shall reflect the quantity, quality and flow of the wastewater of the user and will be based on the CLMSD's operating costs to intercept, treat and dispose of the wastewater.

The sewer service charge will be set from time to time by the CLMSD board.

(Ord. 872 § 8.2, 2008)

The CLMSD may adopt charges and fees to compensate the CLMSD for its activities under this chapter which may include:

A. Setting up and operating the CLMSD sewer use and pretreatment program, septage program, industrial user notification program and slug discharge program.

B. Monitoring, sampling, inspection and surveillance procedures.

C. Reviewing accidental discharge procedures and construction.

D. Processing permit applications.

E. Implementation of administrative and legal enforcement measures.

F. Other fees as the CLMSD may deem necessary to carry out the requirements of the programs contained herein.

These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the CLMSD. These fees and charges may include staff costs, as well as legal, consulting and laboratory costs, associated with the CLMSD activities in implementation of these programs. See Appendix B, attached to the ordinance codified in this chapter, for more details.

(Ord. 872 § 8.3, 2008)

A. Except as otherwise provided, all fees, charges and penalties made pursuant to the provisions of this chapter are due and payable upon receipt of notice thereof. All such amounts shall become delinquent thirty days after the date of invoice.

B. A penalty for delinquent accounts will be charged in accordance with the following:

1. Thirty days after the date of invoice, a penalty of ten percent of the base invoice amount, not to exceed a maximum of one thousand dollars.

2. Ninety days after the date of invoice, an additional penalty of ten percent of the base invoice amount shall be imposed; the cumulative total of the penalties will not exceed a maximum of four thousand dollars.

C. Any invoice outstanding and unpaid after ninety days will be cause for immediate initiation of permit revocation proceedings.

D. Penalties charged under this section shall not accrue to those invoices successfully appealed, provided the CLMSD receives written notification of said appeal prior to the payment due date. Payment of disputed charges is still required during CLMSD review of any appeal submitted by users.

E. Any fees, charges and penalties authorized pursuant to this chapter which remain unpaid after the delinquent dates as set forth in this section may be collected thereafter by the CLMSD as provided in this section and otherwise as allowed by law.

1. The CLMSD shall cause a report of delinquent sewer fees, charges and penalties to be prepared periodically. The CLMSD shall fix a time, date and place for hearing the report and any objections or protests thereto.

2. The CLMSD shall cause notice of the hearing to be mailed to the landowners listed on the report not less than fifteen days prior to the date of the hearing.

3. At the hearing, the CLMSD shall hear any objections or protests of landowners liable to be assessed for delinquent fees, charges and/or penalties. The CLMSD may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

4. The delinquent fees, charges and/or penalties set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent fees, charges and/or penalties and costs incurred by the CLMSD as authorized by this chapter. A certified copy of the confirmed report shall be filed with the clerk, or auditor appointed by the CLMSD, for amounts of the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as other property taxes and penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to such assessment.

(Ord. 872 § 8.4, 2008; Ord. 909 § 1, 2016)

Permitted users who have been subject to enforcement proceedings may be required to deposit with the CLMSD an amount determined by the CLMSD director prior to permission being granted for further discharges to CLMSD facilities. The deposit shall be provided as a security to ensure that the requirements of this title are complied with, and all fees and charges associated with the user's permit are paid. The security may be returned after one year; provided, that the user has not been subject to any enforcement actions or enforcement fees within that one-year period. The deposit shall be cash or other security acceptable to the CLMSD.

(Ord. 872 § 8.5, 2008)

A. All connection fees collected from applicants within the CLMSD shall be deposited in an appropriate construction fund, and shall be expended for major repair, improvement and expansion of the facilities of the CLMSD.

B. All such funds collected from applicants outside the CLMSD shall be placed in a separate fund for such area, and pending annexation or termination of the contract with such area shall be expended only as provided by such contract. Upon annexation, any balance in such special fund shall be transferred to the CLMSD connection fee fund. Upon termination of the contract, such fund balance shall be disbursed as provided by such contract.

(Ord. 872 § 8.6, 2008)

All maintenance charges collected by the CLMSD, whether collected from users within or without the CLMSD, shall be placed in the maintenance fund of the CLMSD and shall be expended for operation and normal maintenance of the existing facilities of the CLMSD, and the facilities of such areas outside the CLMSD as the contracts with such areas may provide for the CLMSD to maintain; provided, however, that the CLMSD may collect from users from outside the CLMSD, in areas served by the CLMSD, such additional charges along with the normal maintenance charges as such contracts may provide, which additional charges shall be deposited, maintained and expended as provided by such contracts.

(Ord. 872 § 8.7, 2008)