Lancaster Municipal Code Ch. 13.09 Sewer Service Charges

The purpose of this chapter is to impose a charge on users of the sanitary sewer system to reimburse the city for the reasonable costs of providing this service. The cost of providing sanitary sewer service includes the costs of acquisition, construction, reconstruction, maintenance, and operation of the sanitary sewer system and the payment of principal and interest on bonds or other debt instruments issued for the construction or reconstruction of the sanitation sewer system. These costs are not related to expenses incurred to accommodate new development. The amount of the charge to the user shall be reasonably related to the quantity and quality of the user's discharge into the sanitary sewer system as determined by the city council.

(Ord. 876 § 1 Exh. A (part), 2007)

As used in this chapter:

"Council" means the city council of the city of Lancaster.

"Director of finance" means the director of finance of the city of Lancaster or the designated representative thereof.

"Director of public works" means the director of public works of the city of Lancaster or the designated representative, deputy, agent or inspector.

"Improved parcel of real property" means a parcel of real property upon which, as of July 1st of the fiscal year, improvements have been made which make use of the sewer collection system owned, operated and maintained by the city.

"Operations charge" means the portion of the sewer service charge as established pursuant to Section 13.09.030(A).

"Parcel of real property" means a parcel of real property as shown on the local secured tax rolls of the county of Los Angeles.

"Replacement charge" means the portion of the sewer service charge as established pursuant to Section 13.09.030(B).

"Sewage units" means the applicable unit set forth in Section 13.09.120.

"Sewer service charge" means the sanitary sewer service charge established pursuant to Section 13.09.030.

(Ord. 876 § 1 Exh. A (part), 2007)

The owner of real property which is connected to the sanitary sewer system of the city shall pay a sewer service charge pursuant to this chapter. For the purpose herein above specified in Section 13.09.010, the sanitary sewer service charge is hereby prescribed and imposed, and shall be paid to and collected by the city, for services and facilities furnished by the city in connection with its sewer collection system to or for each premises which is connected directly or indirectly to said sewer collection system or any part thereof, or from which any sewage is conveyed or discharged directly or indirectly into said sewer collection system. The amount of the sewer service charge for each premise shall be the sum of the amount determined by multiplying the operation charge as established in Section 13.09.030(A) and the replacement service charge as established in subsection B of this section by the number of applicable sewer units set forth in Section 13.09.120. These charges shall be considered a lien against the property if not paid.

A. The operations charge shall be established by ordinance for purpose of providing for the operation and maintenance of the sanitary sewer system of the city. All revenues generated with respect to such charge shall be deposited in a separate segregated subaccount of the sewer enterprise fund and expended only for the purposes described above.

B. The replacement charge shall be established by ordinance for the purpose of providing for the reconstruction of existing sewer facilities and construction of relief sewer facilities within the city. All revenues generated with respect to such charge shall be deposited in a separate segregated subaccount of the sewer enterprise fund and expended only for the purpose described above.

(Ord. 876 § 1 Exh. A (part), 2007)

There is hereby established a "sewer enterprise fund" in the financial records of the city. All fees and charges levied and collected pursuant to this chapter shall be deposited into the sewer enterprise fund. Nothing herein shall prevent the city from depositing other revenues in the sewer enterprise fund. The director of finance may establish such subaccounts within the sewer enterprise fund as may be necessary to properly account for collections and expenditures of the sewer service charges. The sewer service charges shall be used for the purposes set forth in Section 13.09.010.

(Ord. 876 § 1 Exh. A (part), 2007)

All premises in the city which are connected to the sewer system of any other city, and which are required to pay sewer service, use, rental or other charges, rentals or fees for sewer services and facilities furnished by such other city, are hereby excepted from payment of such charges as would be otherwise applicable to such premises under the provisions of this chapter, except to the extent that the charges payable under the provisions of this chapter exceed those payable to such other city.

(Ord. 876 § 1 Exh. A (part), 2007)

In order to effect the powers of this section and pursuant to Section 6523.2 of the Health and Safety Code of the state, the city's director of public works shall have the power and authority to enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities, including, but not limited to, ascertaining the nature of such premises, the type of activities carried on therein, the number of plumbing fixtures situated therein, and any other facts or information reasonably necessary to ascertain the applicability of any charges to such premises, or the amount of such charges.

(Ord. 876 § 1 Exh. A (part), 2007)

The provisions of this chapter shall apply to governmental or public premises. As used herein the term "governmental or public premises" means and includes premises which are owned, controlled or used by:

A. Any city, county, or any of their departments or agencies;

B. Any school district;

C. Any other governmental or public entity other than the United States Government or the state of California.

(Ord. No. 913, § 1 (Exh. A), 1-13-09)

Editor's note— Ord. No. 913, § 1 (Exh. A), adopted January 13, 2009, in effect repealed the former Section 13.09.070, and enacted a new Section 13.09.070 as set out herein. The former Section 13.09.070 pertained to similar subject matter and derived from Ord. 876 § 1 Exh. A (part), 2007.

A. Pursuant to the provisions of Division 5, Part 3, Chapter 6, Article 4 of the Health and Safety Code of the state, and subject to the exceptions set forth in this chapter, the city elects, as an alternative procedure for the collection of sewer service charges prescribed or imposed by the provisions of this chapter to have all such sewer service charges for each fiscal year from and after July 1, 2007, collected on the tax roll in the same manner, by the same persons and at the same time as, and together with and not separately, from its general taxes.

B. The director of public works is directed to annually prepare and file with the city clerk of the city of Lancaster before the fifteenth day of May, a written report containing a description of each and every parcel of real property receiving the sewer services hereinabove mentioned and the amount of the sewer service charge for each parcel for the forthcoming fiscal year, in conformity with the charges prescribed herein. Providing and excepting that: the sewer service charges for any and all governmental or public premises or for any premises which are not subject to taxation on the tax roll shall not be included in the report, but shall be collected in accordance with other provisions of this chapter. The parcels of real property included in the report may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code of the state and on file in the office of the county assessor, or by reference to plats or maps on file in the office of the city.

C. The city clerk shall cause notice of the filing of the report and of a time and place of hearing thereon to be published prior to the date set for hearing in a newspaper of general circulation printed and published within the city. The publication of the notice shall be once a week for two successive weeks with at least five days intervening between the respective publication dates not counting publication dates and the first publication being not less than fourteen (14) days prior to the date of the hearing.

D. The city clerk shall also cause a notice in writing of the amount of the charge, of the filing of the first report hereunder proposing to have such charge for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed on the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the director of public works, in accordance with Division 5, Part 3, Chapter 6, Article 4 of the Health and Safety Code.

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

F. Upon the conclusion of the hearing, the city council may adopt, revise, change, reduce or modify and change or overrule any or all objections, and shall make its determination upon each charge as described in the report, which determination shall be final.

G. On or before the tenth of August of each year following such final determination, the director of public works shall file with the auditor of the county a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the city council.

H. The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of the date prescribed by law as the lien date for general property taxes.

I. Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the city and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

J. All laws applicable to the levy, collection and enforcement of general taxes of the county, including but not limited to, those pertaining to matters of delinquency, collection, cancellation, refund and redemption, are applicable to such charges.

K. If any premises within the city are omitted from the above mentioned report or the tax roll, either because the charge therefore shall not have yet been ascertained by the director of public works as of the date of the report or for any other reason, the sanitary sewer service charge for each premises shall be collected in the manner provided elsewhere in this chapter.

(Ord. 876 § 1 Exh. A (part), 2007)

The alternate manner of collecting the sewer service charges for premises identified in Section 13.09.080(K) above shall be by direct billing. An invoice shall be prepared for each premise (or if multiple premises are under a single ownership a single invoice detailing the multiple premises) and mailed to the owner. The city shall prepare and mail invoices by September 15th of the then current year. Upon mailing of the invoice by the city the provisions of Section 13.09.080(H) through (J) above shall apply, including but not limited to: due dates, delinquency of payment and penalties and liens.

(Ord. No. 913, § 1 (Exh. A), 1-13-09)

If any owner disputes the amount of the annual sewer charge or the replacement charge, he or she shall file a claim with the director of public works accompanied by detailed supporting factual data in support of the claim. It shall be the duty of each such owner to prove to the director of public works, that such bill or invoice is in error and the correct amount thereof. If the director of public works, after consulting with the city engineer, determines that the bill or invoice was in error, the director of public works shall correct said bill. Failure to dispute the amount of the charge in accordance with this section shall be deemed acceptance of the correctness of the charge.

(Ord. 876 § 1 Exh. A (part), 2007)

A. It is the intent of the provisions of this chapter, in establishing different sewer service charges for different categories of properties, to reflect the benefit from such service to each property. If, in respect to any customer, the council should find that the charge is inequitable, or unfair because of unusual circumstances, it may establish a special service charge for such customer, differing from those otherwise established which will bear a closer relationship to the benefit received from the city system. Such special charge may be revoked at any time by the council whenever it finds that continuation thereof would be inequitable or unfair under the circumstances then prevailing.

B. The owner of any premises who by reason of special circumstances finds that the applicable rates are unjust or inequitable as applied to his or her premises may make written application to the director of public works, stating the circumstances and requesting a different basis of charges for such premises. If such application is approved, the council may fix and establish fair and equitable rates for such premises to be effective as of the date of such application and continuing during the period of such special circumstances.

(Ord. 876 § 1 Exh. A (part), 2007)

When any refund becomes due and owing by virtue of action of the city council or by virtue of any error made in ascertaining the charge applicable to any customer, the director of public works is authorized to make payable such moneys from the specific fund established for the deposit of sewer service charges.

(Ord. 876 § 1 Exh. A (part), 2007)

Table A

Number of Sewage Units for Current Land Use

(Ord. No. 913, § 1 (Exh. A), 1-13-09; Ord. 876 § 1 Exh. A (part), 2007)