Redwood City Municipal Code § 27.103 Unitemized Costs

A. Established: Residential and commercial (non-residential) sewer service charges shall be paid by each premises or any portion thereof receiving or using sewer service provided by the City at the rates adopted by ordinance or resolution of the City Council.

1. For Single Family Residential (with One (1) Dwelling Unit) Customers. The City Council shall decide, in its sole discretion, whether to impose the charges on a monthly or yearly basis. Should the City Council decide to impose the charges on a yearly basis, it may elect by resolution to have such charges collected on the tax roll in accordance with Health and Safety Code Section 5473 et seq.

2. For Commercial (Non-Residential) Customers. Each customer shall be assigned to a commercial rate class. The determination of the appropriate commercial rate class for particular premises shall be made by the City's Director based upon the waste or wastewater constituents or characteristics of such user, including such factors as biochemical oxygen demand, suspended solids, and volume, consistent with the categories adopted by resolution or ordinance of the City Council. The user category for any particular premises may be revised, changed, or redesignated by the City's Director upon a determination by them that the waste or wastewater characteristics of the user of such premises have changed in such manner, or to such an extent, as to justify such reclassification. Any user, permittee, applicant, or other person aggrieved by a determination of City's Director made pursuant hereto may appeal such determination in accordance with the provisions of Section 27.130 et seq.

B. Payment: The monthly charges established by resolution or ordinance of the City Council shall be paid by the owner or occupant of the premises receiving sewerage service to the City Collector within thirty (30) calendar days after presentation of a bill therefor, and shall be deemed delinquent if not paid within said period. Such charges may be included in the City's utility bills. Should the City Council elect to impose the charges on Residential (with One (1) Dwelling Unit) Customers on an annual basis, as provided in subdivision (A)(1) hereof, then those charges shall be collected on the tax roll in accordance with Health and Safety Code Section 5473 et seq.

C. Remedies: Upon non-payment of the monthly charges for sewerage service within the time specified in subdivision B hereof, an action may be brought in the name of the City in any court of competent jurisdiction against the owner or occupant of the premises to which such charge pertains for the collection of such delinquent charges. If the occupant of such premises is not also the owner, such action may be brought against both the owner and occupant, both of whom shall be jointly and severally liable for said charges. Water service to such premises may be discontinued by the City in the case of non-payment of the monthly charges established by resolution or ordinance of the City Council within the time required under subdivision B hereof. The remedies herein established shall be cumulative and in addition to any and all other remedies available to the City for the collection of sewer service charges.

D. Charges for Vacant Premises: If a property is vacant, the sewer service charge will be billed to the active account holder on record. The account holder or authorized representative shall be responsible for notifying the City and requesting to discontinue service, including providing proof of stopped water service.

(Ord. No. 2065, § 2, 8-16-93; Ord. No. 2145, § 1, 7-6-98; Ord. No. 2175, § 1, 7-26-99; Ord. No. 2201, § 1, 8-28-00; Ord. No. 2213, § 1, 7-23-01; Ord. No. 2235, § 1, 10-28-02; Ord. No. 2254, § 1, 7-28-03; Ord. No. 2271, § 1, 8-9-04; Ord. No. 2283, § 1, 7-11-05; Ord. No. 2300, § 1, 7-10-06; Ord. No. 2315, § 1, 6-23-07; Ord. No. 2327, § 1, 5-12-08)

(Ord. No. 2345, § 1, 6-22-09; Ord. No. 2354, § 1, 5-24-10; Ord. No. 2384, § 1, 5-21-12; Ord. No. 2396, § 1, 6-24-13; Ord. No. 2423, § 1, 6-27-16; Ord. No. 2464, § 1, 6-24-19; Ord. No. 2495, § 3, 5-10-21; Ord. No. 2537, § 3(Exh. B), 5-6-24)

A. Wastewater Treatment Capacity Fee: Except as provided in subsection (A)(3) of this Section, every application for a permit to connect to the sewerage facilities or to a sewer lateral required pursuant to Article VI of this Chapter shall be accompanied by the applicable wastewater treatment capacity fee established by the following schedule:

1. Residential Structures:

a. Single-Family: For a connection serving a single-family residential structure, including an original connection and a connection or reconnection to a new or an existing sewer lateral to serve a new structure - two thousand one hundred thirty-five dollars and seventy cents ($2,135.70).

b. Duplex: For a connection serving a duplex or two-family dwelling - three thousand four hundred eighty dollars and forty cents ($3,480.40).

c. Multi-Dwelling Unit Structures: For a connection serving any residential structure or group of residential structures on a building site in one ownership, containing a total of more than two (2) dwelling units - one thousand four hundred twenty-three dollars and eighty cents ($1,423.80) per unit.

2. Commercial, Industrial Structures: For a connection serving any commercial, industrial, institutional (including schools, hospitals and churches), or other nonresidential structure there shall be charged a wastewater treatment capacity fee calculated in accordance with the following formula:

Wastewater Treatment Capacity Fee = $2,135.70 (Vi/Vr)

where:

Notwithstanding the foregoing, the wastewater treatment capacity fee for service to any commercial, industrial, or institutional structure shall be not less than two thousand one hundred thirty-five dollars and seventy cents ($2,135.70).

3. Exclusions:

a. The foregoing fee shall not be applicable to connections to the sewerage facilities or to a sewer lateral with respect to which sewerage treatment capacity included within City's allocation of eleven million four hundred thousand (11,400,000) gallons per day flow in Authority's treatment facilities has been purchased pursuant to agreement entered into between the City and the owner of the property to be served by such capacity or with respect to which sewerage treatment capacity has been otherwise purchased or provided by, or on behalf of, such owner, as determined by City Engineer.

b. The foregoing fee shall not be applicable to connections made to public sewers maintained by the West Bay Sanitary District or the Fair Oaks Sewer Maintenance District within the City.

c. The foregoing fee shall not be applicable to connections made to the sewerage facilities for the purpose of drawing down the ground water table to excavate for the foundation of a structure or for removal of contaminated soils for a period not to exceed thirty (30) days.

d. The foregoing fee shall not be applicable to connections made to the sewerage facilities for the purpose of ground water cleanup. The fee for a permit to connect to the sewerage facilities for the purpose of ground water cleanup shall be the facilities fee calculated under the formula set forth in subsection (B)(2)(c) of this Section.

4. Additional Dwelling Units: In the event additional dwelling units are to be constructed which would increase the number of dwelling units being served by a single sewer connection, a wastewater treatment capacity fee shall be paid for such additional dwelling units in accordance with subsection (A)(1) of this Section. The fee payable shall be the amount by which the wastewater treatment capacity fee calculated upon the number of dwelling units after such construction exceeds the wastewater treatment capacity fee calculated upon the number of dwelling units prior to such construction.

5. Additional Industrial Volume: In the event the volume of waste or wastewater to be discharged into the sewerage facilities from a commercial, industrial, institutional, or other nonresidential structure is increased by installation of additional plumbing fixtures or enlargement, expansion, or reconstruction of said structure, and such structure is to be served by an existing sewer connection, a wastewater treatment capacity fee shall be paid for such additional volume in accordance with subsection (A)(2) of this Section. The fee payable shall be the amount by which the wastewater treatment capacity fee calculated upon the total volume after the increase exceeds the wastewater treatment capacity fee calculated upon the volume prior to such increase.

B. Wastewater Collection Capacity Charge:

1. Established: A wastewater collection capacity charge is hereby established to provide for the use and construction of existing and future sanitary sewerage system capital facilities in accordance with a capital improvements program duly approved by the City Council. Said charge shall be paid prior to the issuance of a development permit to connect to the sewerage facilities or to a sewer lateral required pursuant to Article VI of this Chapter. The wastewater treatment capacity fee specified in subsection A of this Section shall be in addition to all other fees and charges specified in this Chapter or otherwise provided for the use of the City's sewerage facilities.

2. Purpose of Fee: The purpose of the wastewater collection capacity charge is to fund a proportionate share of the costs of existing and future wastewater system facilities and assets that are reasonably necessary to provide wastewater collection capacity to new development. For the purpose of this subsection, "new development" means all new building construction, conversion to a new use, or additional use within an existing building that creates a need for additional wastewater collection capacity.

3. Increased Wastewater Service: An applicant for increased wastewater service capacity over and above the existing service capacity at a property shall pay the wastewater collection capacity charge in the amount set by ordinance or resolution of the City Council.

4. Determination of Required Fees:

a. The City Engineer or their designee shall be responsible for determining the fees required by this subsection. This determination shall be made at the time of application for increased wastewater service.

b. If new development changes or intensifies the existing use on the project site, thereby requiring the payment of a new or additional wastewater collection capacity charge, the charge amount associated with the existing use on the project site shall be credited against the new total charge due, as determined by the City Engineer; provided, however, that in no event shall the City refund the charges previously paid.

c. The fees required by this subsection shall automatically increase starting on July 1, 2025, and in each year thereafter, in accordance with any changes in regional construction costs. Specifically, the amount of the adjustment shall be based on May over May construction cost changes according to the "Construction Cost Index" for the San Francisco Bay Area, as reported monthly in the Engineering News Record. This adjustment shall not require any action of the City Council.

5. Fee Adjustments:

a. Any person subject to a fee required by this subsection may apply to the City Engineer for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that applicant's development project on wastewater collection capacity in the City's wastewater system and the amount of the fee charged or the type of facilities to be provided.

b. Application: An applicant shall file a written request to adjust fees with the City Engineer not later than ten (10) days after the City notifies the developer of the amount of the fee to be charged. The application shall provide evidence illustrating that the payment of the fee authorized by this subsection and imposed by implementing ordinance or resolution bears no reasonable relationship or nexus with the impact of the development on wastewater collection capacity in the City's wastewater system and shall state in detail the factual basis for the request for reduction, adjustment or waiver. If an applicant desires to obtain the new or increased wastewater connection prior to the completion of the appeal process, the applicant shall deposit the fee being appealed with the application. Such fee or portion thereof will be refunded if the appeal is successful.

c. Decision of the City Engineer: The City Engineer shall issue a decision on the application within thirty (30) days after the application is filed with the City. The City Engineer's decision shall state their determination regarding the amount of the wastewater collection capacity fee that may reasonably be imposed on the new development and include a brief description of the basis for the City Engineer's decision.

d. Appeal of the Decision of the City Engineer: Decisions of the City Engineer may be appealed to the City Manager or their designee. Appeals must be filed within ten (10) days of the City Engineer's decision. The City Manager or their designee shall review the application and evidence presented to the City Engineer and issue a decision within fifteen (15) days. The City Manager may reverse, affirm, or modify in any respect the determination of the City Engineer.

6. Fee Credits for Improvements Extra to the Project: An applicant for additional wastewater service may be entitled to a reduction in the amount of the wastewater collection capacity fees required by this Chapter, in an amount to be determined by the City Engineer, if that development project was required to construct specific sewerage facility improvements which are extra to the project. The City Engineer's determination of the amount of reduction required pursuant to this subsection shall be based upon the actual costs reasonably incurred for the construction of the sewerage system improvements.

C. Other Fees; Effect Of Nonpayment: The fees provided in this Section are in addition to all other fees pertaining to connection to and/or use of the sewerage facilities. No plumbing permit and no building permit involving the installation of plumbing facilities shall be issued by the Building Official until the applicable fees provided in subsections A and B of this Section, have been paid or provision therefor has otherwise been made. No discharge permit issued pursuant to subsection 27.10B, Section 27.11 or Article IV of this Chapter by Authority's Manager, the issuance of which pertains to the connection of a user's premises to the sewerage facilities, shall be effective unless and until the fees provided in subsections A and B of this Section, have been paid or provision therefor has otherwise been made.

(Ord. No. 2065, § 2, 8-16-93; Ord. No. 2091, § 6, 6-12-95; Ord. No. 2092, § 1, 6-12-96; Ord. No. 2106, §§ 1, 2, 5-6-96; Ord. No. 2122, § 1, 2-10-97; Ord. No. 2333, § 1, 6-23-08; Ord. No. 2533, § 3C.(Exh. D), 1-22-24)

Editor's note— Ord. No. 2533, § 3C.(Exh. D), adopted Jan. 22, 2024, amended the title of § 27.101 to read as herein set out. The former § 27.101 title pertained to wastewater treatment capacity charge; facility charge.

The following categories of charges, to be set by City Council ordinance or resolution, are hereby established to defray the costs of processing and issuing permits or performing the services corresponding thereto:

A permit is required for any user directly discharging to the City's sanitary sewer system, including temporary discharges as part of construction projects. The applicant must pay: 1) a wastewater discharge permit fee; and 2) a sewer discharge inspection permit deposit. The wastewater discharge permit fee includes a fee accounting for the time the City will spend to process the permit plus any wastewater treatment and disposal costs associated with the discharge. The sewer discharge inspection permit deposit accounts for time the City will spend to test and monitor the wastewater to ensure compliance with Silicon Valley Clean Water's treatment system regulations and guidelines.

If no sewer lateral exists between the sewerage facilities and the property line of the adjacent premises to be served thereby, a sewer lateral shall be installed by the City or by the owner of the premises under terms and conditions specified by the City Engineer, upon approval of an application therefore by the City Engineer for the installation of such lateral. If the work is performed by the City, the owner shall pay a sewer lateral installation fee which reimburses the City for costs incurred to install the sewer lateral, including labor, equipment, and material costs.

A sanitary sewer fats, oils and grease fee, shall be assessed to reimburse the City for staff time to address non-compliance with Article VIII's provisions.

The charges shall be paid at the time the application for the work to which it pertains is made or requested. No application shall be processed, nor work performed, until said charge or deposit has first been made. The fees and charges in this Section shall be in addition to such other fees, charges or expenses as may be payable pursuant to other provisions of this Chapter.

(Ord. No. 2065, § 2, 8-16-93; Ord. No. 2091, § 7, 6-12-95; Ord. No. 2533, § 3C.(Exh. D), 1-22-24)

Editor's note— Ord. No 2533, § 3C.(Exh. D), adopted Jan. 22, 2024, repealed §§ 27.102 and 27.103 and renumbered former §§ 27.104—27.106 as §§ 27.102—27.104. Former §§ 27.102 and 27.103 pertained to construction costs and special benefit reimbursement fee, and derived from Ord. No. 2065, § 2, adopted Aug. 16, 1993.

Services or work which are or is expressly or impliedly required to be performed by the City pursuant to the provisions of this Chapter, the payment for which is not otherwise provided for herein, shall be paid in advance of the performance of such services or work in an amount equal to the estimated costs thereof to the City. Upon performance of such services or work, and upon the calculation of the actual costs thereof, sums deposited in excess of such actual costs shall be refunded, or additional charges shall be made, equal to the amount by which the actual costs exceed the estimated cost, as appropriate.

(Ord. No. 2065, § 2, 8-16-93; Ord. No. 2533, § 3C.(Exh. D), 1-22-24)

Note— See editor's note at § 27.102.

Whenever the amount of any fee, service charge, interest, or penalty has been overpaid or paid more than once or has been erroneously collected or received by the City under this Chapter, said amount so collected or received may be refunded; provided, that a written claim therefor is filed with the Director of Finance within three (3) years from the date of such payment. The claim shall be made on forms furnished and approved by the Director of Finance.

No refund shall be paid under the provisions of this Section unless the claimant establishes his or her right thereto supported by written records or other documents proving entitlement thereto.

(Ord. No. 2145, § 2, 7-6-98; Ord. No. 2175, § 2, 7-26-99; Ord. No. 2533, § 3C.(Exh. D), 1-22-24)

Note— See editor's note at § 27.102.