Point Arena Municipal Code Art. II Sewer Service Charges

Monthly rates for general sewer services shall be as follows:

(1) Classified Users. For the particular uses classified in this section, the monthly charges for each parcel or user is, and shall be, that parcel or user's single-family dwelling equivalency (ESD) computed in accordance with the following schedule as multiplied by the charge per ESD as in this chapter provided.

(2) Monthly Rate. A monthly rate of $49.00 per ESD will be charged.

(3) Classification.

Equivalent Single-Family Dwelling Billing Unit

(4) Increases in Basic Sewer Service Rates. By September 1st of every year the city council shall make a determination as to whether there has been an increase in the cost of operating, maintaining, replacing and improving the wastewater system facilities during the preceding fiscal year. If the city council determines that such increases have occurred and that expenses exceed revenues, the council shall set new rates accordingly.

(Ord. 185 § 2.01, 2004; Ord. 191, 2004; Ord. 195 § 1, 2006; Ord. 204 § 1, 2007; Ord. 207 § 1, 2008; Ord. 211 § 1, 2010.)

An applicant for sewerage service for a use not currently served shall pay a sewer impact fee prior to issuance of a connection permit.

(1) All Uses: A sewer impact fee of $4,400 per ESD will be charged.

(Ord. 185 § 2.02, 2004; Ord. 204 § 1, 2007.)

The parcels served by the uptown sewer extension STEP system shall pay an additional connection charge of $2,000 per parcel to recoup the costs to install the line (basis is $40,000 of capital outlay to be distributed among nine highway commercial zoned parcels and 12 suburban residential one-half acre zoned parcels).

(Ord. 185 § 2.03, 2004.)

An application for permit for work requiring inspection other than a new connection shall post a $150.00 deposit. Upon completion and approval, the city's cost of processing the application and inspection will be deducted from the deposit and the balance, if any, will be refunded to the applicant.

(Ord. 185 § 2.04, 2004.)

Sewerage service charges shall be levied for all connected premises for which utility services are being rendered. No allowance will be made for unoccupied portions of premises served under a single category. Payment charges are the responsibility of the property owner.

(Ord. 185 § 2.05, 2004.)

(1) Pursuant to Section 5471 of the Health and Safety Code (the "Code"), a sewer service charge (the "charge") on property within the city of Point Arena has been approved by Ordinance Number 204 to provide for the annual cost of operating and maintaining sewer systems (the "services") within the city; and

(2) For each fiscal year the amount of the charge to be levied, and the manner of collection, must be determined by the city council; and

(3) Pursuant to Section 5473 of the code, the city may elect to have fees and charges for collection of sewer service collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes; and

(4) The city council has reviewed a written report prepared by and filed with the clerk, which contains a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the year, computed in conformity with the charges prescribed by the applicable ordinance, a copy of which is on file in the office of the city clerk.

(Ord. 201 § 1, 2007.)

All fees and charges are payable upon receipt of billing. Bills are payable at the City Hall office by the tenth day of each month. If payment is not made by the last day of the month, the charge shall become delinquent and a basic penalty of 10 percent of each month's charges for the first month delinquent shall be assessed. In addition, a penalty of one-half of one percent per month will be assessed for nonpayment of the charges and basic penalty. On the first day of the calendar month following the date of payment specified in the bill the charge shall become delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. If all or part of the monthly bill is not paid, the city may discontinue any and all service for which the bill is rendered.

After 90 days, delinquent charges and all penalties thereon shall be subject to recordation with the Mendocino County clerk/recorder and shall constitute a lien upon the real property served. However, no lien shall be created against any publicly owned property. A lien shall continue until the charge and all penalties thereon are fully paid or the property sold. The lien shall attach when the city treasurer or city clerk records a list of delinquent unpaid charges and penalties thereon with the county recorder, stating the amount of each charge and the penalty thereon, a description of the real property upon which the same is a lien. Such lien shall have the same force, effect, priority and duration as to the property described as would the lien of an abstract of judgment against the owner of the real property at the time such list is recorded, and may be enforced in like manner. Property may be discharged from the lien within one year from the date of recording by the payment of all delinquent charges plus penalties. A list of all such delinquent charges shall be recorded at least every six months, but no delay or informality in recording the same shall invalidate the lien or any unpaid charge or any subsequent act or proceeding. If through error or otherwise the amount of any unpaid charge plus penalties thereon as stated in said list shall be incorrect, said error shall be disregarded and shall not affect or invalidate the filing if said error is $1.00 or less.

As a separate, distinct and cumulative remedy established for the collection of said charges and penalties thereon an action may be brought in the name of the city in any court of competent jurisdiction to enforce the lien of the charge and all penalties thereon. In such action a reasonable attorney's fee shall be awarded the plaintiff.

Remedies for collecting and enforcing rates and charges are cumulative and may be pursued alternately, or any thereof may be used consecutively when the legislative body so determines.

(Ord. 185 § 2.07, 2004.)