Morro Bay Municipal Code Art. XI Construction Requirements, Permits, and Fees

Before a permit shall be issued for a sewer connection in any area now outside the city limits which shall hereafter be annexed to the city, the owner or applicant shall pay to the city for such privilege a sum in accordance with the Master Fee Schedule.

(Ord. No. 642, § 1, 1-26-21)

The sum shall be the equivalent of the cost to similar properties then within the city which have paid for the facilities so to be used.

(Ord. No. 642, § 1, 1-26-21)

The sum shall not include any amounts for which bonds of the city are then outstanding and to which the property shall become subject upon annexation.

(Ord. No. 642, § 1, 1-26-21)

Mains will be extended to serve new customers under the following terms and conditions:

A. No main extension will be made by the city except on an approved dedicated street, alley or recorded easement;

B. Prior to construction of the main, every applicant for sewer service shall enter into a written form agreement for such extension and shall deposit with the department of public works an amount equal to ten percent of the estimated cost of the extension, including engineering and administration. The estimated cost shall be based on the actual size of facilities required to meet the service demands from that extension, except that six-inch pipe shall be the minimum size considered for general use. If the sewer department desires to install facilities greater than are needed to meet said service demands, then the cost of the excess size of facilities shall be borne by the city. The engineering department shall then proceed with plans and specifications and shall solicit and open bids for the proposed work. On the basis of the approved bid, plus engineering and administration costs, the department of public works shall inform the applicant as to the cost of the proposed extension. Upon receipt by the city of an amount which, with the original deposit, is equal to the cost of the work, the engineering department shall proceed with the construction of the extension;

C. In the event that the applicant or applicants fail to deposit the required funds within sixty days after determination of the cost, the extension will not be made and no refund on the ten percent deposit will be made, except that where actual costs are less than the amount of such deposit, the city may refund the unused amount.

(Ord. No. 642, § 1, 1-26-21)

Immediately upon completion of the sewer extension, the utilities division/department manager shall prorate the entire cost thereof against all lots or property that may ultimately be benefited by direct connection to said sewer extension in proportion to the frontage thereof, or if the lots be irregular in shape, then in such manner as may, in the opinion of the utilities division/department manager, provide an equitable distribution of costs. In no case shall any applicant pay an amount less than the prorated cost of the extension for the length of his frontage as determined in this section. The sewer main extension charges shall be in addition to the specified service connection charges.

(Ord. No. 642, § 1, 1-26-21)

A. The original applicant or applicants shall, up to ten years from the date of signing the form agreement, be entitled to a refund for each connection made to the extension, based on the prorated cost as determined in Section 16.56.080 for each lot or parcel. The engineering department may make extensions to the facilities constructed under this subsection without obligation to applicant and refunds will not be made for services connected to said additional extensions.

B. No interest shall be paid on or accrue on such deposits for sewer main extensions. Refunds of the deposit shall be made only if, as and when sewer main extension charges are collected from other consumers requiring service from this sewer main extension.

(Ord. No. 642, § 1, 1-26-21)

Where sewer main extensions are required for subdivisions, it will be the responsibility of the owner or subdivider to pay the cost for complete installation of all sewer facilities required within the subdivision and for extension of sewer transmission mains from the subdivision to the nearest existing main of adequate capacity for the area to be served. Such transmission main shall be subject to all the requirements as set forth in standard improvement specifications and drawings of the city, and to any and all modifications and supplements thereto. Upon official acceptance by the city, the city shall assume full ownership, maintenance and control of such mains.

(Ord. No. 642, § 1, 1-26-21)

A. Upon completion of any sewer transmission main to a subdivision as outlined in Section 13.12.1130 of this chapter, the subdivider may submit to the utilities division/department manager a certified statement showing the actual cost of such extension. If said extension is larger than six inches in diameter, then the utilities division/department manager shall adjust the actual cost to the equivalent of a six-inch-diameter main. He shall then prorate the cost for a six-inch main against all lots or parcels which in the future may be served by direct connection to said main. Any and all connections to said main shall be subject to the charges specified in Section 13.12.110 of this chapter. The city may make extensions to facilities constructed under this regulation without obligation, and refunds will not be made for services connected to said additional extension.

B. The subdivider or owner shall, for a period of ten years from the date of official acceptance of the subdivision, be eligible for a refund on each connection made to the main extension, as provided herein.

C. No interest shall be paid on or accrue on any funds subject to such refund. Refunds shall be made only if, as, and when sewer connection charges are collected by the city.

(Ord. No. 642, § 1, 1-26-21)

Before a permit is issued for a sewer connection in any areas within the city, which property shall use any then-existing sewerage facilities of the city for which such property shall not have made full payment of its share of the cost thereof, the owner or applicant shall pay a sewer availability charge in accordance with the Master Fee Schedule.

A sewer availability charge is a sum of money required to be paid by any person to buy into the municipal sewer system.

(Ord. No. 642, § 1, 1-26-21)

Stormwater and all unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the utilities division/department manager. Unpolluted industrial cooling or unpolluted process waters may be discharged, upon approval of the utilities division/department manager, to a storm sewer, combined sewer or natural outlet.

(Ord. No. 642, § 1, 1-26-21)

Federal and/or state discharge requirements will apply in any case where they are more stringent than those in this chapter.

(Ord. No. 642, § 1, 1-26-21)

All users other than single and multiple family residences, trailer parks, motels, business establishments, schools, churches, fraternal and nonprofit organizations using more than one thousand five hundred cubic feet per month of sewage, shall be charged on the basis of cubic feet of sewage treated for the installation. Such quantities of sewage shall be determined by the utilities division/department manager, based upon the flow of sewage through a measuring device. Any occupant so charged who may disagree with the utilities division/department manager's determination may, at the occupant's own expense, install private measuring devices in accordance with the specifications approved by the utilities division/department manager.

(Ord. No. 642, § 1, 1-26-21)

All sewer users including but not limited to single-family and multiple-family residences; trailer parks; motels; business establishments; schools; churches; public utility and industrial facilities; district, county, state and federal facilities; fraternal and nonprofit organizations shall pay a sewer use charge in order to provide funds to supplement the general taxes in financing construction, maintenance and operation of sewage collection, transport and treatment facilities in and for the city.

(Ord. No. 642, § 1, 1-26-21)

Sewer use charges shall be in addition to the water charges and shall be included in the customer's bimonthly utility bill. Such charges shall be based upon rates in accordance with the Master Fee Schedule.

(Ord. No. 642, § 1, 1-26-21)

Nothing contained in this chapter shall limit the right of the city to proceed against any customer for any delinquencies due under Title 13 of this code. Nothing contained in this chapter shall prevent the city from availing itself of any other legal remedy by which the city might collect such charges, fees, or penalties.

(Ord. No. 642, § 1, 1-26-21)

It is unlawful for any person to dump or discharge raw or chemically treated sewage from any source onto the surface of any lands within the city.

(Ord. No. 642, § 1, 1-26-21)

Raw or chemically treated sewage from holding tanks and sources other than septic tanks may be discharged or dumped within the city only at the places owned and/or operated by the city and designated by the utilities division/department manager or at such privately owned facilities for which a current operating permit has been issued as provided in this chapter.

(Ord. No. 642, § 1, 1-26-21)

Each person dumping or discharging raw or chemically treated sewage from sources other than septic tanks into the facilities of the city shall pay the following fees:

A. House Trailers or Campers. See Master Fee Schedule;

B. Tank Trucks or Other Commercial Carriers. For each vehicle, see Master Fee Schedule for charge for each one thousand-gallon capacity or fraction thereof, regardless of the actual amount discharged.

(Ord. No. 642, § 1, 1-26-21)

It is unlawful for any person to discharge or dump raw or chemically treated sewage from commercial tank trucks or from other commercial sources into any privately-owned or privately-operated facility. Each person discharging or dumping such commercial source shall do so only into the city sewer system with the prior approval of the utilities division/department manager.

(Ord. No. 642, § 1, 1-26-21)

No owner or operator of any facility for the reception of raw or chemically treated sewage shall permit any raw or chemically treated sewage to be dumped into such facility until an operating permit for such facility has been obtained from the utilities division/department manager as provided for in this chapter and conspicuously posted near such facility. Upon application to the utilities division/department manager, the utilities division/department manager shall issue, in accordance with the Master Fee Schedule, an operating permit to the owner of any such privately owned facility upon certification to the utilities division/department manager by the building official that such facilities have been constructed in conformance with the approved plans and specifications of the city. Such operating permit shall be conditional upon continued operation of such facilities in compliance with the rules, regulations and directives of the utilities division/department manager relating to such operation, including maintenance and cleaning of such facilities. The owner or operator of such facilities shall keep a log of discharger's name, driver's license number, vehicle type and license number, date and time of discharge. The owner or operator of the facility shall not permit commercial use of the discharge facility. Any officials of the city shall have the right of entry into buildings or premises regulated by this chapter in accordance with the provisions of Section 1.08.010 of this code.

(Ord. No. 642, § 1, 1-26-21)