Modesto Municipal Code Art. 8 Costs and Funding

Each person owning property within the Sewer District shall pay a charge to the City for connection to the sewage system in accordance with the following rates:

(a) Residential. A capacity charge shall be paid to the City for connection to the sewage system. Payment shall be made in accordance with a schedule approved by the Council from time to time by resolution.

(b) Commercial and Industrial. A capacity charge shall be paid to the City for connection to the sewage system. Payment shall be made in accordance with a schedule approved by the Council from time to time by resolution.

(Added by Ord. 3137-C.S., § 1, amended by Ord. 3443-C.S., § 1, effective 6-21-07)

(a) The sewer capacity charge set forth in Section 5-6.801(a) shall be paid for connection to the sewage system at the time a building permit is issued for a building or structure. In those cases where a building exists, the sewer capacity charge shall be collected at the time a plumbing permit is issued to connect said building or structure to the sewage system. The Council may, by resolutions adopted from time to time, establish conditions under which the sewer capacity charges set forth in Section 5-6.801(a) may be spread over a period of time and paid in installments.

(b) The sewer capacity charge set forth in Section 5-6.801(b) shall be paid for connection to the sewage system at the time connection is made or development occurs. The Council may, by resolution adopted from time to time, establish conditions under which the sewer capacity charges set forth in Section 5-6.801(b) may be spread over a period of time, and paid in installments.

(Added by Ord. 3137-C.S., § 1, amended by Ord. 3443-C.S., § 1, effective 6-21-07)

(a) Residential and Commercial Areas. Each person owning property within the Sewer District shall pay a subtrunk sewer extension charge to the City at the time of connecting to the sewage system. Payment shall be made in accordance with a schedule approved by the Council from time to time by resolution.

(b) Industrial Areas. For industrial areas, the extension of subtrunk sewers will be on an individual basis for areas served since size of these subtrunk sewers is dependent upon specific need.

A fee shall be paid to the City for the purpose of covering the cost of inspection of the premises to make determinations on the acreage to be covered by the subtrunk extension charge. Said fee shall be in accordance with a scheduled approved by the Council from time to time by resolution.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Subtrunk sewer extension charges shall be paid at the time sewer service is made available to any subdivision, tract, area or lot in the Sewer District. In the case of new subdivisions or parcel maps, this charge shall be paid at the time of filing the final subdivision or parcel map. The Council may, by resolutions or agreements adopted or entered into from time to time, establish conditions under which the subtrunk sewer extension charges set forth in Section 5-6.803 may be spread over a period of time.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Any person within the Sewer District may connect his/her property to the City sewage system by construction of a new sewer main under one of the following methods and constructing building lateral connecting the property to a sewer main:

(a) By Improvement District Proceedings. Sewer mains may be financed by the formation of assessment districts and sale of improvement bonds in accordance with existing State laws governing the formation of such districts and the sale of such bonds.

(b) By Private Contracts—Undeveloped Land. The owner of any undeveloped subdivision, tract, area or lot within the Sewer District may make private arrangements for the construction of sewer mains to serve such subdivision, tract, area or lot in accordance with plans and specifications prepared by a registered engineer and approved by the City, at his/her own expense, and by employing a licensed contractor to perform the work. The owner shall reimburse the City for costs incurred by it in the inspection of the work in accordance with a Schedule of Fees approved by the Council from time to time by resolutions and on file in the offices of the City Clerk and Public Works Director.

(c) By Private Contract—Developed Land. The owner of any developed subdivision, tract, area or lot within the Sewer District may make private arrangements for the construction of sewer mains to serve such subdivisions, tract, area or lot in accordance with plans and specifications prepared by a registered engineer and approved by the City, or in accordance with plans and specifications prepared by the City Engineer and by employing a licensed contractor to perform the work. The owner shall reimburse the City for costs incurred by it for any preparation of plans and specifications and for inspection of the work in accordance with a Schedule of Fees approved by the Council from time to time by resolution and on file with the City Clerk and Public Works Director.

(Added by Ord. 3137-C.S., § 1, amended by Ord. 3365-C.S., § 3, effective 12-9-04)

(a) Whenever the City requires a design and construction of a sewer subtrunk beyond that which is required to serve a subdivision, improvement district, or area by itself, the City may provide the portion of the increased cost of constructing the sewer subtrunk directly resulting from such increased design. Said cost shall be determined by the Director in accordance with existing City policy governing reimbursement from Capital Facilities Fees, or any other source, as set forth in a resolution of the City Council.

(b) Expenditures of funds by the City in accordance with the provisions of this section shall be on the basis that said expenditures will be recovered by the City from subtrunk sewer extension charges set forth in Section 5-6.803.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

No property shall be permitted to connect to the City sewage system without participating in the cost of the sewer mains which serve the area where the property is located.

Any property connecting to the City sewage system that has not already participated in the cost of a sewer main and which is to be served by an existing sewer shall either make reimbursement, through the City, of the property's proportionate share of private funds expended on the existing sewer main in accordance with any agreements on file with the Director or shall pay to the City a fee which shall be in accordance with a schedule approved by the Council from time to time by resolution, whichever is the greater sum.

The acreage used to determine the sewer main fee shall be the total area developed or being developed which is owned, leased or controlled by the user.

In those instances where the total acreage owned, leased or controlled by the user is greater than that developed, the Director is authorized to determine the acreage to be used in determining the sewer main fee. The remaining acreage shall pay a sewer main fee at such time as it is developed.

Notwithstanding anything to the contrary contained in this chapter, the Council shall have the power to determine, by agreement, the total acreage developed or being developed which is owned, leased or controlled by a user meeting both the criteria set forth below:

(a) The user will establish a new industry or expand an existing industry within the Modesto Municipal Sewer District that results in more than two hundred twenty-five (225) new, permanent, on-site, full-time employees;

(b) The user will-construct a new industrial building or building addition with total floor space in excess of one hundred seventy-five thousand (175,000) square feet with total project costs in excess of twenty million dollars ($20,000,000.00).

If the property is developed beyond that development approved by the Council the developer shall pay a sewer main fee on the additional acreage developed. If the user fails to meet either of the criteria after development, the agreement shall be void and a sewer main fee shall be paid based on the total acreage developed or being developed had the above criteria not been applied.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Each sewer capacity charge, fee, and/or fine levied by or pursuant to this chapter on any premises within the Sewer District is hereby made a lien upon such premises, and any steps authorized by law may be taken by the City to enforce payment of such lien.

(Added by Ord. 3137-C.S., § 1, amended by Ord. 3443-C.S., § 1, effective 6-21-07)

Unless the user given a notice of violation or order makes a timely responsive statement or a request for hearing, the notice or order is a final order. If a timely request for a hearing is made, the order constituting the hearing decision shall be a final order. Any person adversely affected by a final order may appeal the order to the appropriate court in the County of Stanislaus.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)