Pomona Municipal Code § 62-425 Prescribed contracts for service

Industrial liquid waste pretreatment facilities or industrial sewage treatment plants and all appurtenances thereto shall conform with all sections of this article and those of the California Plumbing Code as well as any regulations of the appropriate state or local agency that may be applicable thereto.

(Code 1959, § 27-52; Ord. No. 910, § 356)

If an existing industrial liquid waste pretreatment facility or industrial sewage treatment plant is added to or altered because of a change of use, a permit shall be secured in accordance with this article before commencing work thereon. The completed work shall be accepted only when the entire plant shall meet all of the requirements for new facilities as provided in this article, except that existing facilities, used and undisturbed, may not be rejected because they are not new.

(Code 1959, § 27-53; Ord. No. 910, § 357)

All industrial liquid waste pretreatment facilities or industrial sewage disposal plants and all appurtenances thereto, existing or constructed, shall be maintained and operated by the owner of the property affected in a safe and sanitary condition. All devices and safeguards for the operation thereof shall be maintained in good working order. This section shall not be construed as permitting the removal or nonmaintenance of any device or safeguards on existing facilities unless authorized in writing by the director of public works/city engineer.

(Code 1959, § 27-54; Ord. No. 910, § 358)

Editor's note— Ord. No. 4266, § 8, adopted Aug. 5, 2019, repealed § 62-424, which pertained to fees and derived from Code 1959, §§ 27-17, 27-18; Ord. No. 1537, §§ 1, 2; Ord. No. 2163, § 1; and Ord. No. 2322, § 1 (part).

Before any connection is made to a city sewer facility outside the territorial city limits by a private property owner, the property owner shall execute the following contract, and the contract shall be acknowledged and recorded:

The undersigned, being the owner of the following described real property, agrees to pay to the City of Pomona the prescribed fees, tolls, rates, rentals, or other charges for services and facilities furnished by the City of Pomona in connection with its sewer system as prescribed by ordinance of the City of Pomona as now adopted, or as hereafter may be adopted by the Council of the City of Pomona. The undersigned agrees that the City of Pomona can sever, without notice, the sewer connection if the prescribed fees, tolls, rates, rentals or other charges are not paid as prescribed by ordinance of the council of the City of Pomona. It is understood and agreed that the City of Pomona has the power to discontinue the furnishing of sewage facilities to the following described real property at any time when done by ordinance of the council of the City of Pomona adopted by a three-fifths vote of the council. The real property being served by the City of Pomona with sewer facilities under this agreement is described as follows:

(Description)

Dated this _______ day of ________, ___.

STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES)

On ________, ___, before me, the undersigned, a Notary Public, in and for said County and State, personally appeared ___________ known to me to be the person whose name is subscribed to the within instrument and acknowledged that _______ he executed the same.

WITNESS MY HAND & OFFICIAL SEAL:

___________

(Code 1959, § 27-19; Ord. No. 1537, § 3; Ord. No. 2322, § 1 (part))

(a) The charges prescribed in this division for each forthcoming fiscal year shall be collected on the tax roll in the same manner and by the same persons and at the same time, together with and not separately from its general taxes. The director of public works/city engineer is directed to prepare a written report and file it with the clerk on or before June 30 of each year. The report shall contain a description of each parcel of real property receiving such service and facilities and the amount of the charge for each parcel for the year, computed in conformity with the charges prescribed in this division.

(b) The real property may be described by reference to maps prepared in accordance with Revenue and Taxation Code § 327 and on file in the office of the county assessor or by reference to plats or maps on file in the office of the clerk.

(Code 1959, § 27-20; Ord. No. 1537, § 4)

(a) The clerk shall cause notice of the filing of the report pursuant to section 62-441 and of a time and place of hearing thereon to be published pursuant to Government Code § 6066 prior to the date set for the hearing in a newspaper of general circulation printed and published within the city.

(b) Before the city may have such charges collected on the tax roll, the clerk shall cause a notice in writing of the filing of the report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared at the address shown on the assessment roll or as known to the clerk. If the council adopts the report, the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years, but notice by publication as provided in this section shall be adequate.

(Code 1959, § 27-21; Ord. No. 1537, § 5)

(a) At the time stated in the notice given pursuant to section 62-442, the city council shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. If the council finds that protest is made by the owners of a majority of separate parcels of property described in the report, the report shall not be adopted, and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel of land.

(b) Upon the conclusion of the hearing, the council may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the report, which determination shall be final.

(Code 1959, § 27-22; Ord. No. 1537, §§ 6, 7)

On or before August 10 of each year following the final determination of the city council pursuant to this subdivision, the clerk shall file with the county tax collector a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the council. The county tax collector shall enter the amount of the charges against the respective lots or parcels of land as they appear on the current assessment roll. If the property is not described on the roll, the county tax collector may enter the description thereon, together with the amounts of the charges, as shown on the report.

(Code 1959, § 27-23; Ord. No. 1937, § 8; Ord. No. 2322, § 1 (part))

The amount of the charges imposed under this division shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the city and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

(Code 1959, § 27-24; Ord. No. 1537, § 11)

The tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land pursuant to this division.

(Code 1959, § 27-25; Ord. No. 1537, § 10)

The amount of the charges imposed pursuant to this division shall constitute a lien against the lot or parcel of land against which the charges have been imposed as of 12:00 noon on the first Monday in March immediately preceding the date of levy.

(Code 1959, § 27-26; Ord. No. 1537, § 9)

All laws applicable to the levy, collection and enforcement of general taxes of the city, including but not limited to those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to the charges imposed pursuant to this division.

(Code 1959, § 27-27; Ord. No. 1537, § 12)