Morgan Hill Municipal Code Ch. 13.16 Sewer Rates and Interim Growth Management

Every new building where persons reside, congregate or are employed which abuts a street, alley or easement in which there is an approved public sanitary sewer, or which is within three hundred feet of an approved public sanitary sewer, shall be connected to the sewer.

(Ord. 425 N.S. § A, 1976)

There is levied and assessed upon each lot, parcel of land, building or premises having any sewer connection with the sewerage system of the city or otherwise discharging sewage which ultimately passes through the city sewage system, a service charge or rental payable as provided and in amounts determinable as set out in Sections 13.16.030 through 13.16.120 of this article.

(Ord. 267 N.S. § B (part), 1969)

A. Rates for residential and nonresidential users shall be set by resolution, enacted under section 13.16.085. The residential sewer volume charge shall be based on the average measured volume of water usage for the three consecutive low water usage months between the months of November 1st and April 30th with a minimum of two HCF per dwelling unit. The three low water usage months shall be annually determined by the finance director based on the total water consumed by all customers. The sewer volume charge for nonresidential users shall be based on actual monthly water usage.

B. Residential and commercial sewer service customers served by one or more sewer lift station, shall pay the monthly surcharge established under Section 13.16.085.

C. New single-family dwelling units and single-family customers without past history of water usage during the designated months shall be assigned the calculated average single-family water use for the city, which is eight HCF, for billing purposes until the actual water usage for the designated months is measured and implemented with other rate changes in July.

D. New multifamily units and multifamily customers without past history of water usage during the designated months shall be assigned the calculated average multifamily water use for the city, which is four HCF, for billing purposes until the actual water usage for the designated months is measured and implemented with other rate changes in July.

(Ord. 1345 N.S. (part), 1997)

(Ord. No. 2302 N.S., § 1, 5-15-2019)

Customers residing in dwelling units which have individual city water meters may qualify for the low-income rate by presenting a copy of a utility bill indicating that they are receiving the "CARE" discount from PG&E and/or a "Lifeline" rate from GTE. The sewer service charge shall be the rate adopted by the city council under Section 13.16.085, less any approved low-income subsidy in effect at the time. The supplemental rate per HCF, and lift station surcharge shall apply in accordance with Section 13.16.030.

(Ord. 1232 N.S. § 2, 1995)

(Ord. No. 2302 N.S., § 2, 5-15-2019)

For each mobile home park or trailer park, the sewer service charge shall be a base rate plus a supplemental rate for each one hundred cubic feet (HCF) of water used per dwelling unit based on the average measured volume of water usage for the months of December, January and February. In addition, for those areas served by one or more lift stations, there shall be a surcharge rate per month per mobile home park.

(Ord. 1232 N.S. § 3, 1995)

(Ord. No. 2302 N.S., § 3, 5-15-2019)

The sewer service charge shall be a base rate equivalent to that of three single-family units plus a supplemental rate for pretreatment equivalent to that of a significant user, both charged on a monthly basis.

(Ord. 1106 N.S. § 1, 1992)

Sewer users not specified by the classifications of Sections 13.16.030 through 13.16.100 of this chapter shall be assigned by the city engineer and charged the same service charge as the classification which most nearly represents the sewage strength of the user.

(Ord. 1096 N.S. § 5 (part), 1992; Ord. 791 N.S. § 1(j), 1986: Ord. 743 N.S. § 1(j), 1985: Ord. 637 N.S. § 1(j), 1983: Ord. 267 N.S. § B (part), 1969)

Sewer users without metered water service shall be charged the same sewer charge as a similar user who is also a water customer. The charge shall be as determined by the city engineer.

(Ord. 1096 N.S. § 5 (part), 1992; Ord. 791 N.S. § 1(k), 1986: Ord. 743 N.S. § 1(k), 1985: Ord. 637 N.S. § 1(k), 1983: Ord. 267 N.S. § B (part), 1969)

The effective dates for any rate increase shall be set in the resolution adopted under Section 13.16.085.

(Ord. 1345 N.S. (part), 1997)

(Ord. No. 2302 N.S., § 4, 5-15-2019)

The city council shall make future changes to sewer rates established in this chapter by setting forth the changes in resolution duly adopted, and the adoption of such a resolution shall have the same force and effect as though the changes had been by the adoption of an ordinance.

(Ord. 1286 N.S. (part), 1996)

Residential sewer users who by reason of special circumstances find that the foregoing rates are unjust or inequitable as applied to their premises, may make written application to the director of finance. Commercial sewer users who by reason of special circumstances find that the foregoing rates are unjust or inequitable as applied to their premises, may make written application to the director of public services. Such application shall state the circumstances and request a different basis of sewer service charge. If the director of finance or public services denies such application, the sewer user may appeal the decision to the city manager.

(Ord. 1286 N.S. (part), 1996: Ord. 1232 N.S. § 8, 1995: Ord. 1096 N.S. § 5 (part), 1992; Ord. 637 N.S. § 3, 1983)

(Ord. No. 2302 N.S., § 5, 5-15-2019)

Where a building where persons reside, congregate or are employed is constructed in place of an existing previously occupied building or structure connected to the city's sewage system, a credit for connection charges shall be given as follows:

A. For new residential dwelling units replacing existing residential dwelling units, credit shall be given on a unit-by-unit basis.

B. For new buildings to be occupied by uses other than residential, credit shall be given on the basis of the square footage of the building removed.

(Ord. 1096 N.S. § 5 (part), 1992; Ord. 848 N.S. § 2, 1987)

A. In the event that any person fails to pay any charge provided in this article when the same becomes due, the city may, in addition to any other remedies it has, cut off any of such services, including water service, and facilities referred to in this chapter, and shall not resume the same until all delinquent charges together with any charges necessitated by resumption of such services and facilities have been fully paid.

B. Each charge or rental levied by or pursuant to this article on property within the limits of the city is made a lien upon the corresponding lot, land or premises served by a connection to the city sewerage system.

(Ord. 1096 N.S. § 5 (part), 1992; Ord. 267 N.S. § D, 1969)