Pismo Beach Municipal Code Ch. 16.49 Water and Sewer Improvement Payback Procedures

Whenever a subdivider, or other developer, is required as a condition of development to pay for and install any sewer or water main or similar facility which is to be dedicated to the city, and which has the future potential and capacity to provide water or sewer service for real property parcels not under the control or ownership of the subdivider, the procedures established in this chapter shall apply unless the city specifically provides otherwise by ordinance or resolution. (Ord. 332 § 1 (part), 1984)

Upon completion of any such water or sewer facility the subdivider may, within ninety days after city acceptance of such facility, submit to the city engineer a certified statement showing the actual cost thereof. The engineer shall review such statement and any and all other books and records of the subdivider, and of the contractor for the subdivider, as necessary to satisfy the engineer that the costs are accurate and reflect actual expenditures by the subdivider. The subdivider and contractor shall cooperate with the engineer in his review of the costs. (Ord. 332 § 1 (part), 1984)

The city engineer shall prorate the cost of any such facility against all lots or parcels which in the future may be served by direct connection thereto. He shall send written notice of the prorated amount to the person shown on the latest county assessor's roll as the owner or agent of record for assessment purposes for each parcel. Such person may protest such prorations within sixty days after the notice is mailed. If not protested within said sixty days, the proration shall become final for the purposes of this section. (Ord. 332 § 1 (part), 1984)

For a period of fifteen years from the date of official acceptance of any such facility, the subdivider shall be eligible for a refund of the foregoing prorated amount for each parcel as said parcel, or portion thereof, connects to the facility. (Ord. 332 § 1 (part), 1984)

The city shall collect the prorated amount for each parcel before permitting the parcel to connect to the facility. The city shall forward said amount to the current address in the city engineer's office for the original subdivider or his successor in interest. It shall be the duty of the subdivider to keep a current address on file, and the city shall have no obligation other than to mail one letter to the latest name and address provided by the original subdivider and/or his successor in interest. (Ord. 332 § 1 (part), 1984)

No interest shall be paid or accrue on any funds subject to such refund. Refunds shall be made only if, as, and when connection charges are collected by the city and shall be subject to setoffs for any amounts then owed to the city by the subdivider or owner. (Ord. 332 § 1 (part), 1984)

Nothing in this chapter shall be construed or applied to affect or reduce any other city charges, fees, connection or other amounts payable to the city for water or sewer service. (Ord. 332 § 1 (part), 1984)

A. The city may make connections to said water or sewer facilities to serve public facilities without any obligation to pay any such refunds.

B. The city may also make or permit connections to said facilities to serve private property outside of the area of proration as determined by the engineer; provided, however, that the city council reserves the right to determine at that time whether or not the owners of such private property shall be obligated to pay any such refunds. (Ord. 332 § 1 (part) 1984)

The payback procedures established by this chapter shall not be applicable to common water system improvements which are:

A. Identified in the PRC Toups report dated April 15, 1982; and

B. Reimbursed under the fee credit procedure, all as authorized under the procedures of Resolution No. 1812. (Ord. 332 § 1 (part), 1984)