McFarland Municipal Code Art. IV Sewer Use Charges

One purpose of this chapter is to provide funds to supplement the general taxes in financing construction and maintenance of sewage collection, transportation and treatment facilities in and for the city.

(Ord. 174 §401, 1978)

There shall be a sewer use charge for each sewer connection within the city which shall be set forth either in a separate ordinance or a resolution approved and adopted by the city.

(Ord. 210 §17(part), 1987: Ord. 174 §402, 1978)

(Ord. No. 333-2008, § 3, 9-11-08)

The sewer use charges provided for in this chapter shall be due and payable by the user, whether he be the occupant, tenant, lessee, person in possession or owner of the property to which a sewer connection is made, within thirty days after the mailing of the bill therefor, and if otherwise not paid when due, the owner of the property shall in any case be liable therefor. Sewer use charges for residential units paid in advance for one year may be granted a ten percent discount.

Individual sewer service charges may, as an alternative to any other billing method utilized by the city including, without limitation, billing on the property tax rolls, be billed on the same statement as other city utilities including water, refuse, and recycling services and same shall be collected as one item, together with, and not separately from, the other utility service charges even if separately set forth and any delinquency in the payment of same shall be deemed a delinquency in payment for the water fees and city may, in addition to all other remedies available for the collection of same, terminate water service. The city council may, by order or resolution, establish one or more classes of persons as exempt in whole or in part from the foregoing provision.

(Ord. 174 §403, 1978)

(Ord. No. 328-2008, § 1(b), 6-12-08)

A. In the event that users connected to the city sewer system fail to pay any charge within thirty days after the mailing of the bill therefor, a penalty of ten percent shall be added thereto. If the bill, together with any penalties assessed thereon has not been paid within an additional fifteen-day period, then after ten days' notice to the users and owners of the premises the city shall commence a procedure to discontinue furnishing the right to the use of the sewer system to the user until the charge and penalties are paid in full, which procedure shall hereafter be established by resolution of the city council. If, after due notice and hearing it is then determined that certain unpaid charges and penalties are then owing to the city, the city may discontinue furnishing to the user the use of the city sewer system and shall not resume the same until the charges and all delinquent penalties thereon have been fully paid and/or a lien shall be placed upon and against the real property, and if not paid by the owner prior thereto, the amount shall be charged to the owner of such property on the next regular city property tax bill forwarded to the owner and shall be charged to the owner and shall be collected at the same time and in the same manner as other city property taxes.

B. In addition or in the alternative, and at the option of the city, the city may file a civil action for the collection of any amounts due and unpaid. This remedy shall be cumulative and in addition to other remedies or means of enforcing payment of the sum required to be paid by this chapter.

C. The city will notify the owners of property in writing of delinquencies and that such delinquencies will further be subject to collection from the owner pursuant to Section 13.12.220 and this section.

D. Upon written application by the property owner of tenant-occupied property, billing and payment of sewer use charges may be made to and by such property owner.

E. Upon the adoption of the ordinance codified in this subsection, the council shall transfer the collection of all sewer use charges to the Kern County auditor-controller and tax collector for placement of such charges as assessments on the secured roll of the county to be collected in the same manner as ad valorem property taxes.

(Ord. 214 §1, 1988: Ord. 210 §17(part), 1987; Ord. 174 §404, 1978)

In the event there are any inequities that arise because of the nature of certain businesses, commercial accommodations or otherwise, under this chapter, the city council shall be the authority to permit and establish variances to this chapter to alleviate any inequity that may arise regarding the application of this chapter.

(Ord. 174 §405, 1978)

The city council must first approve any sewer connection outside the corporate limits of the city and if such connections are permitted shall further have the authority to establish charges in excess of those charged users within the corporate limits of the city.

(Ord. 174 §406, 1978)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Every day upon which violation of this chapter exists or continues shall constitute a separate offense.

(Ord. 174 §407, 1978)