Mountain View Municipal Code Div. 5 Service Charges

Footnotes:

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Prior ordinance history: Ord. Nos. 175.522, 69.64, 7.67, 22.69, 28.70, 27.73, 1.75, 37.77, 41.79, 2.81, 9.82, 23.82, 13.83, 14.84, 13.85, 9.87, 10.87, 16.87 and 23.89.

Editor's note— Ord. No. 2.13, § 2, adopted March 26, 2013, amended the Code by adding new provisions to be designated Div. 5, §§ 35.35, 35.36, 35.36.1 and 35.37. In order to avoid duplication of existing section numbers, the provisions have been redesignated as §§ 35.35—35.35.3 at the discretion of the editor.

Every person whose premises in the city are served by a connection with the sewer system of the city whereby sanitary sewage or industrial waste, or either or both, are disposed of by the city, through the facilities of the regional water quality control plant, shall pay sewer service charges in amounts fixed by resolution or ordinance of the city council, except that:

(a) Industrial, commercial and unclassified, unusual conditions, in accordance with the following terms and conditions: with the consent and approval of the city manager, public works director and fire chief may, upon a finding that the premises in question exert an excessive burden upon the sewer system of the city; select an appropriate rate for each specific discharger. In determining appropriate rates to be charged to individual industrial, commercial and unclassified, and unusual conditions, the public works director and fire chief shall be guided by the cost of wastewater disposal based on quantity and quality of the discharge as well as costs associated with administering the wastewater enforcement program, including, but not limited to, sample collecting, sample analysis, review of analytical results, review and processing of permit applications, issuance of permits, plan review, facility inspections, treatment plant costs, collection system costs, debt service and depreciation as applied to each regulated facility.

(Ord. No. 2.13, § 2, 3/26/13.)

The sewer service charges herein specified shall be charged, collected and enforced in the same manner, at the same time, and by the same persons as are the charges for water furnished by the city, and the amount thereof shall be included in the total amount due for water furnished by the city. In the event the premises are not furnished with water by the city, the amount of the charges shall be billed separately. All provisions of this chapter applicable to the charge, collection and enforcement of rates for water furnished by the city are hereby made applicable to the sewer service charges provided for in this Division.

It shall be unlawful for any person to fail or refuse to pay the sewer service charges herein provided for, or any part thereof.

(Ord. No. 2.13, § 2, 3/26/13.)

The public works director or designee shall be authorized to adjust the sewer bill for commercial and industrial customers that request an adjustment due to an underground water leak if an underground pipe leak is repaired within one (1) billing period of the first indication that increased usage due to a leak is observed on a customer's bill. The amount of the adjustment granted shall not exceed the amount of sewer charges attributable to the underground water leak. To receive the adjustment, the customer must make a written request to the public works director, prove that the water did not go down the sanitary sewer and provide evidence satisfactory to the public works director or designee in the form of a repair bill for parts and services that the leak has been repaired. The customer's bill must reflect a return to a normal use level in the next billing period before an adjustment may be granted.

(Ord. No. 2.13, § 2, 3/26/13.)

All moneys received from the collection of the sewer service charges as hereby authorized and provided shall be deposited with the city finance and administrative services director, who shall keep a separate and distinct fund. This fund shall be used only for the following purposes, in the order set forth:

(1) The reasonable current maintenance and operation costs of the sewer system of the city, which costs include the reasonable expenses of management, operation, maintenance and repair and other expenses necessary to maintain and preserve the sewer system in good repair and working order;

(2) The payment of all or any part of the cost and expense of acquiring, extending, constructing or reconstructing or improving the sanitary sewer system and facilities of the city, or any part thereof, including the servicing of any bonds issued for such purposes, necessary for the proper operation of the sewer system;

(3) The creation of a surplus fund to provide for the payment of costs of maintenance and operation, or the acquisition, construction or reconstruction of sewer infrastructure or facilities, or the repayment of federal or State loans, or advances made to the city for the construction or reconstruction of sewer infrastructure or facilities.

(Ord. No. 2.13, § 2, 3/26/13.)