Chapter 14.28 — CHARGES AND FEES

The connection of a building drain to the sewerage system of the city is contingent upon the payment of a permit and inspection fee. There is established a user equity fee and a connection fee. The continued use of the sewer is contingent upon the periodic sewer charges, all as set forth in this chapter. The matters contained in this chapter shall be administered by the building inspector.

(Code 1972, § 14.28.010; Ord. No. 478, § 1(part), 1978)

The provisions of chapters 14.12 through 14.40 shall not be construed to require an additional payment toward a user equity fee or an additional local sewering payment on behalf of property legally connected to the sewer on December 30, 1970, except as it might be required by subsequent additional construction or changed use. A property that was connected to the sewer without the making of payments required under

the then-existing ordinances, or for which a required payment for altered use was not made, is not considered to be legally connected.

(Code 1972, § 14.28.020; Ord. No. 478, § 1(part), 1978)

The city shall provide the lateral connection from the main line to the property line, or the city may allow the owner to construct the lateral.

(Code 1972, § 14.28.030; Ord. No. 478, § 1(part), 1978)

A person desiring to make a connection to a public sewer of the city shall first apply to the building inspector for a permit. A fee of $10.00 shall be paid with the application, this amount being for processing of the application. This fee is not refundable. The application shall indicate the property to be served, the intended use of the property, and such other information as the building inspector may require. The building inspector will inform the applicant of the pertinent regulations, where the connection will be made, and the amount of any applicable charges. The permit shall lapse if not used within one year of the date of issuance.

(Code 1972, § 14.28.040; Ord. No. 478, § 1(part), 1978)

The city will inspect the construction of laterals where done by private parties, and will inspect connections from building sewers to existing laterals. No lateral or connection to a lateral, wye, or sewer shall be covered over until inspected and approved. If found covered over before inspection, it shall be uncovered at the expense of the responsible party. The applicant shall notify the city 48 hours in advance of the time when inspection is required.

(Code 1972, § 14.28.050; Ord. No. 478, § 1(part), 1978)

The owner shall pay the city $25.00 for the inspection of a connection of a building sewer to the lateral.

(Code 1972, § 14.28.060; Ord. No. 478, § 1(part), 1978)

A user equity fee for sewer service shall be imposed upon an applicant requesting sewer service from the city. The user equity fee shall be paid upon application for a building permit, except that if the sewer service is a condition of a parcel or subdivision map, the user equity fee shall be paid prior to recordation of the parcel or subdivision map. The user equity fee shall be based upon the actual or intended use of the property to be served, and shall be in an amount calculated as follows:

(1)

For each single-family residence and mobile home, and each unit of a multiple-family residence, apartment, condominium and townhouse located upon the property to be served, a user equity fee of $600.00.

(2)

For each hospital, clinic, nursing home, convalescent home, medical and dental office, and retail business which uses water in the preparation of goods in sale, located upon the property to be served, a user equity fee based on the following:

Square Feet Equity Fee

Less than 2,000 $600.00

2,000—4,999 $1,200.00

5,000—9,999 $2,400.00

10,000—30,000 $7,200.00

Over 30,000 $12,000.00

(3)

For each laundry, restaurant and establishment which serves alcoholic beverages located upon the property to be served, a user equity fee based on the following:

Square Feet Equity Fee

Less than 2,000 $1,125.00

2,000—4,999 $2,250.00

5,000—10,000 $2,500.00

Over 10,000 $9,000.00

(4)

For each service station and garage located upon the property to be served, a user equity fee of $900.00.

(5)

For any school located upon the property to be served, a user fee of $25.00 per pupil attending the school.

(6)

For each church, warehouse, fraternal organization and retail business which does not use water in preparing goods for sale, a user equity fee of $900.00.

(7)

For each industrial business located upon the property to be served, a user equity fee based on the following:

Number of Employees User Equity Fee

0—20 $600.00

21—50 $1,800.00

51—100 $3,500.00

Over 100 $4,500.00

(Code 1972, § 14.28.070; Ord. No. 627, § 2, 1985)

It is not intended that the connection fee which the city now collects for the installation of the service be incorporated in the above-described fee. The connection shall be $600.00 for four-inch diameter laterals and $600.00 for six-inch diameter laterals. In the event the city is requested to provide a connection, the city shall charge a flat fee of $600.00 for a four-inch lateral; $600.00 for a six-inch lateral connecting into either six-inch or eight-inch diameter lines; and for anything else the city shall charge $600.00 minimum and any cost exceeding $600.00 plus ten percent of that cost.

(Code 1972, § 14.28.080; Ord. No. 478, § 1(part), 1978; Ord. No. 579, § 2, 1983)

Secs. 14.28.090—14.28.140. - Reserved.

(a)

The following sewer service rates will be effective commencing the billing immediately following the effective date of the ordinance adopting this section:

(1)

For each residential service, the monthly service charge shall be an amount equal to the amount charged by EMWD plus an additional monthly service charge of $6.59 per month; provided that for efficiency unit apartment developments (as defined in section 14.08.050) the monthly charge for each unit shall be the EMWD charge plus 50 percent of the city's charge.

(2)

For all other classifications, excluding schools, charges shall be the following: $0.623 per 100 cubic feet of water used per month or the current monthly service charge, as described in subsection (a)(1) of this section, whichever is higher.

(3)

For each school located on the property to be served, the monthly service charge shall be an amount equal to the amount charged by EMWD plus an additional monthly service charge as follows:

a.

Preschool/elementary: $0.2076 per student, teacher and employee.

b.

Middle/junior high: $0.2595 per student, teacher and employee.

c.

High school/college: $0.3114 per student, teacher and employee.

(4)

The monthly sewer service charges described in this section shall be adjusted in conjunction with rate increases imposed by EMWD each January 1. The rate of increase shall be based upon the prior year's consumer price index.

(5)

There shall be an infrastructure replacement surcharge for the purpose of paying the system's debt service for debt incurred for the purpose of replacing and/or rehabilitating the system's infrastructure. The amount of the surcharge shall be spread equally to all of the system's customers and will appear on each billing as a separate line item. The amount of the surcharge shall be $2.91 per customer per month.

(6)

With the exception of annual increases based upon the consumer price index as described in part four of this section, future increases to the rates described in this section shall be enacted through adoption of a resolution by a simple majority of the city council.

(b)

If a building has multiple occupants, the owner or proprietor shall be responsible for payment of the sewer service charge of the entire building.

(c)

A property connected to the sewer and supplied with water for ten days or more in any calendar month shall be treated as though connected for the whole month and shall be obligated for the sewer service charge for that month.

(Code 1972, § 14.28.150; Ord. No. 352, § 509, 1970; Ord. No. 483, § 1, 1978; Ord. No. 579, § 3, 1983; Ord. No. 1032, § 1(part), 1996; Ord. No. 1124, § 3, 2003; Ord. No. 1169, § 2, 2005)

A waste for which discharge to a sewerage system of the city if prohibited by other provisions of chapters

A person desiring to discharge wastes to the sewer under the provisions of sections 14.28.160 through

The city manager shall estimate the added

financial burden due to the proposed discharge, and shall propose terms under which the discharge will be accepted, including payments to be made to the city. Applicant shall make the proposed discharge only upon receipt of written permission of the city manager, and only under the terms laid down. If the proposal is to make more than a single discharge or a discharge continuing on more than a single day, or if the charges may exceed $500.00, the city manager shall submit the proposal, together with his recommendations, to the city council, and shall grant permission only on terms approved by the council, except that he may grant permission without council approval in an emergency situation involving the public interest.

(Code 1972, § 14.28.170; Ord. No. 352, § 510.02, 1970)

The city manager may revoke permission for such special discharges or alter the terms if it is found that the burden to the city is other than as originally anticipated or that the discharge is permanently damaging the system or causing the sewage treatment plant effluent to violate the requirements of the regional water quality control board, and he shall revoke the permit if the discharger violates the terms. An alteration of terms shall require the approval of the city council if the altered terms are such that they would require council approval as terms for a new operation.

(Code 1972, § 14.28.180; Ord. No. 352, § 510.03, 1970)

A service period shall start on the first day of a month, and shall be for one, two, or three months. It need not be uniform for all users. On or before the tenth of the month following the end of each service period, the city shall mail to the owner of each parcel of property or to the occupant or the person who has made himself responsible for payment of invoices for water service to the property or to any or all of them, the invoice for sewer service charge for the preceding service period.

(Code 1972, § 14.28.190; Ord. No. 352, § 511.01, 1970)

If an invoice is unpaid 30 days after mailing, the city shall mail a delinquency notice, and if the invoice is still unpaid at the end of 40 days from the date of mailing the first invoice, a penalty of ten percent shall be charged, and an additional one-half percent shall be charged on the tenth of each month following.

(Code 1972, § 14.28.200; Ord. No. 352, § 511.02, 1970)

(a)

The city may exercise any remedies available under the law with respect to delinquent service charges.

(b)

The city council hereby elects to collect delinquent charges using a third party collection agency to provide for the management and collection of past due service fees and penalties.

(c)

If the delinquent service fees and penalties are unreasonably high and collection is not achieved by the third party collection agency, then the city council hereby elects to collect delinquent charges on the tax roll in the same manner and together with its general taxes, and in a manner required by law.

(d)

Upon determination that the service fees and penalties are unreasonably high and that collection has not been achieved by the third party collection agency, the city finance director may at any time record with the county recorder a list of delinquent charges and penalties and shall include in each such list a description of the real property upon which the same is a lien, and the name of the city. All delinquent charges and penalties when so recorded shall constitute a lien upon the real property served by the water or sewer system, except no such lien shall be created against any property owned by a public corporation.

(Code 1972, § 14.28.210; Ord. No. 1229, § 5, 2007; Ord. No. 1354, § 2, 9-26-2017)

The city council may order the disconnecting of water service to a property delinquent in payment of the sewer service charge.

(Code 1972, § 14.28.220; Ord. No. 352, § 511.04, 1970)

If the operation costs for conveyance, treatment and disposal of sewage from a particular area of the city are higher than the general level of such costs, by reason of the operation of a pump station or other special facility, the city council may by resolution proportionally increase the service charges in that area.

(Code 1972, § 14.28.230; Ord. No. 352, § 512, 1970)

The city may require that a gravity sewer be built by a developer with pipe of a size larger than six inches. In this case the builder shall be entitled to reimbursement from the local sewer or disposal plant capital funds for the added cost of the larger size.

(Code 1972, § 14.28.240; Ord. No. 352, § 513.01, 1970)

A developer may need to construct an off-tract sewer to reach existing sewers of the city. He shall be entitled to reimbursement of the cost of the off-tract sewers to the extent that money becomes available from local sewering payments on behalf of properties connecting to the off-tract sewer.

(Code 1972, § 14.28.250; Ord. No. 352, § 513.02, 1970)

If an in-tract six-inch sewer built by a developer is used to convey sewage through the tract from other properties, the developer shall not be entitled to reimbursement on that account.

(Code 1972, § 14.28.260; Ord. No. 352, § 513.03, 1970)

If an off-tract property connects directly to a sewer serving as a local sewer for the tract, the builder shall be entitled to reimbursement for a part of the cost in proportion to the area of private in-tract and off-tract property so served.

(Code 1972, § 14.28.270; Ord. No. 352, § 513.04, 1970)