Mountain View Municipal Code Art. IV Connections and Connection Charges; Capacity-Based Charges

Footnotes:

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Editor's note— Ord. No. 7.14, § 2, adopted April 22, 2014, amended the Code by repealing former Art. IV, §§ 35.36—35.45, and adding a new Art. IV. Former Art. IV pertained to connections and connection charges, and derived from the Code of 1938, §§ 135, 138, 140, 142, 146; Ord. No. 175.87, adopted March 2, 1949; Ord. No. 175.425, adopted August 12, 1957; Ord. No. 175.448, adopted December 9, 1957; Ord. No. 175.601, adopted March 28, 1960; Ord. No. 175.617, adopted June 27, 1960; Ord. No. 175.772, adopted August 13, 1962; Ord. No. 92.63, adopted August 12, 1963; Ord. No. 7.67, adopted March 27, 1967; Ord. No. 35.69, adopted September 8, 1969; Ord. No. 7.70, adopted March 30, 1970; Ord. No. 18.71, adopted May 24, 1971; Ord. No. 35.74, adopted October 28, 1974; Ord. No. 3.78, adopted January 9, 1978; Ord. No. 3.80, adopted January 28, 1980; Ord. No. 10.80, adopted March 24, 1980; Ord. No. 8.81, adopted July 27, 1981; Ord. No. 16.82, adopted August 10, 1982; Ord. No. 17.83, adopted July 26, 1983; Ord. No. 19.84, adopted July 31, 1984; Ord. No. 22.85, adopted August 27, 1985; Ord. No. 9.87, adopted June 9, 1987; Ord. No. 10.87, adopted June 30, 1987; Ord. No. 16.87, adopted September 8, 1987; and Ord. No. 23.89, adopted December 12, 1989.

Each sewer connection shall include opening the sewer and sewer pipe to curb line.

(Ord. No. 7.14, § 2, 4/22/14)

a. Water and sewer service connections may be made only by or under the authority of the city and under the supervision and to the satisfaction of the public works director of the city. Such connections shall be made upon the filing of an application therefor with the department of public works and the payment of the prescribed charge.

b. The applicable charge to be paid for a sewer or water service connection installed by the city shall be in amounts fixed by resolution or ordinance of the city council.

(Ord. No. 7.14, § 2, 4/22/14)

a. Except as provided in subsections b and c of this section, there shall be at least one water connection with separate meter, one sewer connection and garbage receptacles as required by ordinances of the city for the collection of garbage and rubbish to each separate dwelling, store, restaurant, hotel, rooming house, apartment house or other place of business in this city.

b. When approved in writing by the director of public works, any parcel of land in one ownership may be served water through one or more meters subject to the condition that the owner signs an agreement to pay the entire municipal services bill (as defined in Sec. 35.1) within fifteen (15) days of billing. Such agreement shall be recorded and shall be a covenant running with the land, and shall bind all future heirs and assigns of the owner.

c. In the case of common (or combined common and separate) ownership developments such as condominiums, cooperatives, cluster developments and planned unit developments, all buildings in the development may be served through one or more sewer connections and one or more water meters subject to the following conditions:

1. Written approval shall be secured from the director of public works.

2. The association shall sign an agreement to pay the entire municipal services bill within fifteen (15) days of billing. Such agreement shall be recorded and shall be a covenant running with the land, and shall bind all future heirs and assigns of the association.

3. The association shall provide and maintain security in a form acceptable to the city attorney, sufficient at any and all times to guarantee payment of said municipal services bill for a period of six (6) months.

(Ord. No. 7.14, § 2, 4/22/14)

Only duly appointed representatives of the city, or persons duly authorized by the city, shall tap or otherwise connect with any water main, or connect with any sewer.

(Ord. No. 7.14, § 2, 4/22/14)

The city will maintain and keep in repair every such service connection, provided the failure of such service or the injury thereto rendering repairs necessary was not caused by the improper act or omission of the owner or tenant served by such connection.

(Ord. No. 7.14, § 2, 4/22/14)

In addition to the connection charges provided for in Sec. 35.37, the city shall charge applicants a capacity-based charge, which is the proportionate share of costs for existing and future water and sewer system facilities and assets from new or expanded connections to the water and sewer system based on the estimated amount of increased demand the project places on the water and sewer systems. This applies to both potable and recycled water connections. The applicant shall pay their proportionate share of costs as set by city council resolution. The capacity-based charge is assessed on all applicants who are issued building permits on or after July 1, 2015. The capacity-based charge shall be automatically adjusted annually as part of the City's annual budget process by the percentage change in the Engineering News-Record Construction Cost Index (ENR-CCI) for the previous year.

(Ord. No. 7.14, § 2, 4/22/14)

All moneys now held, or to be received, from the collection of the charges and fees provided for in this article, shall be deposited by the director of finance in the "sewer revenue fund" if relating to sewer connections or extensions, and in the appropriate "water fund" if relating to water connections or extensions.

(Ord. No. 7.14, § 2, 4/22/14)

Upon the application of any governmental agency or political subdivision, any charitable institution, or any other person for water or sewer service connections, the city council may, upon determining that the public interest and convenience will be served thereby, by resolution, waive such of the fees and charges provided for in this chapter as it shall deem reasonable under the circumstances.

(Ord. No. 7.14, § 2, 4/22/14)

Duly authorized representatives of the city shall for the purpose of inspection have the right of access, at all reasonable hours, to any premises having water or sewer connections with the city systems.

(Ord. No. 7.14, § 2, 4/22/14)

All applicants for building permits shall apply simultaneously for water and sewer service connection permits.

(Ord. No. 7.14, § 2, 4/22/14)

Cross reference— Building permits generally, Ch. 8.