Article 4 — Schedule of Charges

Annual sewer charges are prescribed for the services and facilities furnished by the City in connection with its sanitation and sewerage system as set forth in this article.

(§ 2.01, Ord. 423)

The sewer charges set forth in this article shall be against the owner of the building or premises served or which is in any way used or served by the sewerage system. In buildings in which there are multiple uses, and if such buildings have separate water or sewer facilities, the charge for each use shall be calculated separately.

(§ 2.02, Ord. 423, as amended by § 3, Ord. 745-C.S., eff. May 9, 2007)

The sewer charges set forth in this article shall be a lien upon the premises.

(§ 2.03, Ord. 423; § 2, Ord. 879-C.S., eff. June 22, 2022)

The City Council shall fix the rates to be charged for sewer service by the City, by resolution, and in so doing shall distinguish the different classes of service made available and fix rates appropriate to each class of service. Rates shall be fixed and revised from time to time with the objective that the City sewer system shall be operated on a sound economic basis.

(§§ 2.04 through 2.59, Ord. 423, as amended by § 1, Ord. 17-C.S., eff. March 11, 1971, § 1, Ord. 113-C.S., eff. June 12, 1974, § 1, Ord. 150-C.S., eff. June 9, 1975, § 1, Ord. 206-C.S., eff. June 9, 1977, § 2, Ord. 223-C.S., eff. March 29, 1978, § 1, Ord. 235-C.S., eff. August 14, 1978, § 1, Ord. 264-C.S., eff. August 13, 1979, § 1, Ord. 305-C.S., eff. September 9, 1981, § 1, Ord. 345-C.S., eff. September 8, 1982, § 1, Ord. 415- C.S., eff. August 22, 1984, § 1, Ord. 449-85, eff. August 31, 1985, § 1, Ord. 465-86, eff. August 13, 1986, § 1, Ord. 486-C.S., eff. July 22, 1987, § 1, Ord. 507-C.S., eff. July 27, 1988, § 1, Ord. 531-C.S., eff. July 26, 1989, § 1, Ord. 555-C.S., eff. August 8, 1990, § 1, Ord. 573-C.S., eff. July 24, 1991, § 1, Urgency Ord. 593- C.S., eff. July 6, 1992, § 1, Ord. 606-C.S., eff. June 28, 1993, § 1, Ord. 616-C.S., eff. July 27, 1994, § 1, Ord. 629-C.S., eff. July 26, 1995, § 1, Ord. 643-C.S., eff. August 7, 1996, § 1, Ord. 655-C.S., eff. August 13, 1997, § 1, Ord. 662-C.S., eff. July 22, 1998, § 1, Ord. 668-C.S., eff. July 28, 1999, § 1, Ord. 676A-C.S., eff. August 9, 2001, § 1, Ord. 691-C.S., eff. August 8, 2001, § 1, Ord. 702-C.S., eff. July 24, 2002, § 1, Ord. 710-C.S., eff. August 14, 2003, § 1, Ord. 717-C.S., eff. August 26, 2004, § 2, Ord. 719-C.S., eff. October 27, 2004, § 1, Ord. 726-C.S., eff. July 27, 2005, § 1, Ord. 727-C.S., eff. July 27, 2005, § 1, Ord. 737-C.S., eff. July 26, 2006, § 1, Ord. 748-C.S., eff. July 5, 2007, § 1, Ord. 750-C.S., eff. July 5, 2007 and § 1, Ord. 759-C.S., eff. June 26, 2008; Ord. No. 764-C.S., § 1, eff. June 11, 2009, § 1, Ord. 772-C.S., eff. June 24, 2010, § 1, Ord. 783-C.S., eff. June 23, 2011, § 1, Ord. 790-C.S., eff. June 13, 2012; § 1, Ord. 794-C.S., eff. June 13, 2013, and § 1, Ord. 816-C.S., eff. June 7, 2017; § 2, Ord. 879-C.S., eff. June 22, 2022)

(a)

The procedure set forth in this section shall be available to any user who temporarily ceases use of the sewer system or, for any other reason, believes that the volume of sewer usage charged to him or her pursuant to Section 6-6.404 does not accurately reflect his or her use of the sewer system during the period for which the charge is imposed.

(b)

Any user may apply to the Financial Services Manager (the "Manager"), or his or her designee for an adjustment of his or her sewer charge if the charge is above the minimum rate. An application must show the amount of the charge the user believes accurately reflects his or her sewer system use and the means by which the user calculated that amount. The Manager may require that appeals be made in specific format (or on a specific form) and may specify supporting data to be provided by the applicant.

(c)

Upon receiving an application pursuant to this section, the Manager shall conduct an investigation, and shall fix as the charge the amount he or she finds to be appropriate, based upon examination of the evidence provided by the applicant and such additional evidence as the Manager may obtain.

(d)

If the Manager requires a user to conduct a test in connection with his or her application and, based on the results of that test, the Manager reduces the charge for that user, the City shall reimburse the user for the reasonable costs of the required test and may do so by reducing the amount of the charge for one or more periods until the necessary amount is refunded to the applicant.

(e)

Any adjustment shall be retroactive to the year challenged, but in no event shall an adjustment be retroactive more than four (4) years. If, given the nature of the evidence provided by the applicant and the Manager finds it equitable to do so, an adjustment may extend to future years.

(f)

Any increased charge resulting from the procedure set forth in this section shall be collected in conformance with this chapter.

(g)

Any decreased charge resulting from the procedure set forth in this section shall be returned to the user as a cash refund provided the charge has already been paid in full.

(§ 2, Ord. 150-C.S., eff. June 9, 1975, as amended by § 3, Ord. 223-C.S., eff. March 29, 1978, § 2, Ord. 305-C.S., eff. September 9, 1981, § 3, Ord. 719-C.S., eff. October 27, 2004, and § 2, Ord. 816-C.S., eff. June 7, 2017)

(§ 2, Ord. 150-C.S., eff. June 9, 1975, as amended by § 4, Ord. 223-C.S., eff. March 29, 1978, § 2, Ord. 235-C.S., eff. August 14, 1978, § 2, Ord. 264-C.S., eff. August 13, 1979, § 3, Ord. 305-C.S., eff. September 9, 1981, § 2, Ord. 345-C.S., eff. September 8, 1982, § 2, Ord. 415-C.S., eff. August 22, 1984, § 2, Ord. 449- 85, eff. August 21, 1985, § 2, Ord. 465-86, eff. August 13, 1986, § 2, Ord. 486-C.S., eff. July 22, 1987, § 2, Ord. 507-C.S., eff. July 27, 1988, § 2, Ord. 531-C.S., eff. July 26, 1989, § 2, Ord. 555-C.S., eff. August 8, 1990, § 2, Ord. 573-C.S., eff. July 24, 1991, § 2, Urgency Ord. 593-C.S., eff. July 6, 1992, § 2, Ord. 606- C.S., eff. June 28, 1993, § 2, Ord. 616-C.S., eff. July 27, 1994, § 2, Ord. 629-C.S., eff. July 26, 1995, § 2, Ord. 643-C.S., eff. August 7, 1996, § 2, Ord. 655-C.S., eff. August 13, 1997, § 2, Ord. 662-C.S., eff. July 22, 1998, § 2, Ord. 668-C.S., eff. July 28, 1999, § 2, Ord. 676A-C.S., eff. August 9, 2001, § 2, Ord. 691-C.S., eff. August 8, 2001, § 2, Ord. 702-C.S., eff. July 24, 2002, § 2, Ord. 710-C.S., eff. August 14, 2003, § 2, Ord. 717-C.S., eff. August 26, 2004, § 4, Ord. 719-C.S., eff. October 27, 2004, § 2, Ord. 726-C.S., eff. July 27, 2005, § 2, Ord. 727-C.S., eff. July 27, 2005, § 2, Ord. 737-C.S., eff. July 26, 2006, § 2, Ord. 748-C.S., eff. July 5, 2007, § 2, Ord. 750-C.S., eff. July 5, 2007 and § 2, Ord. 759-C.S., eff. June 26, 2008; Ord. No.

764-C.S., § 2, eff. June 11, 2009, § 2, Ord. 772-C.S., eff. June 24, 2010, § 2, Ord. 783-C.S., eff. June 23, 2011, § 2, Ord. 790-C.S., eff. June 13, 2012; § 2, Ord. 794-C.S., eff. June 13, 2013, and § 3, Ord. 816-C.S., eff. June 7, 2017; repealed by § 2, Ord. 879-C.S., eff. June 22, 2022)

(a)

Generally. Except as otherwise provided in this section, the flow estimate for a user shall be that user's total water consumption for the six (6) bi-monthly water billing periods ending with the billing period for February of the calendar year during which the charges will be levied. This twelve (12) month period shall be known as the "Billing Year."

(b)

Residential users. The flow estimate for single-family and multi-family residences shall be ninety (90%) percent of the actual annual water usage consumed during the billing year described in subsection (a) of this section.

(c)

Users with substantial irrigation requirements. Any nonresidential user with substantial irrigation requirements (other than a user subject to subsection (d) of this section) may apply to have his or her flow estimate calculated as six (6) times the average water consumption for the bi-monthly water billing periods during the billing year (other than those billing periods that include water consumed during June, July and August). Applications submitted pursuant to this subsection shall be subject to the procedures and requirements set forth in Section 6-6.405.

(d)

Users with multiple meters. Notwithstanding any other provision of this section, if a user has more than one water meter at a service location, and one or more of those meters measures only water used for landscaping purposes, then, notwithstanding any other provision of this article, the flow estimate for that user shall be calculated pursuant to subsection (a) of this section, but shall exclude metered water consumption for landscape maintenance.

(e)

Schools with mixed water use. Schools with mixed water use (drinking water and irrigation) may apply to have their flow estimate calculated as six (6) times the average:

(1)

Consumption billed during March and April;

(2)

Consumption billed during May and June;

(3)

Half (½) of consumption billed during November and December;

(4)

Consumption billed during January and February.

(§ 2, Ord. 150-C.S., eff. June 9, 1975, as amended by § 5, Ord. 223-C.S., eff. March 29, 1978, § 3, Ord. 235-C.S., eff. August 14, 1978, § 1, Ord. 320-C.S., eff. February 10, 1982, § 5, Ord. 719-C.S., eff. October 27, 2004, § 4, Ord. 745-C.S., eff. May 9, 2007, and § 4, Ord. 816-C.S., eff. June 7, 2017)

The strength factor for a user shall be:

(a)

For car washes, 0.9;

(b)

For cleaners, 1.2;

(c)

For laundromats, 0.75;

(d)

For restaurants with functioning grease traps, 1.6;

(e)

For restaurants without functioning grease traps, 1.8;

(f)

For gymnasiums, 0.9; and

(g)

For any other use, 1.0.

(§ 3, Ord. 668, as amended by § 6, Ord. 719-C.S., eff. October 27, 2004, and § 5, Ord. 816-C.S., eff. June 7, 2017)