Part 2.75

MONITORING SEWAGE TREATMENT DEMANDS OF LAND DEVELOPMENT AND SUSPENSION OF BUILDING PERMITS UNDER CERTAIN CONDITIONS

Sections:

15.12.424 Standard condition.

15.12.425 Growth management system.

It is the intent and purpose of this part to provide for the suspension of building permits and

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further land development within the City of San José when the volume or strength of sanitary sewage which will be generated by such development will cause the loadings at the San José-Santa Clara water pollution control plant to meet or exceed the aggregate operational capacity available for use by the City of San José. (Ord. 20467.)

Unless otherwise indicated or required by the context, words and phrases used in this part shall have the definitions provided in Parts 1 and 2.5 of this chapter, or Chapter 15.16, or as follows:

• A. "Building permit" means a permit issued by the building official of the City of San José pursuant to Chapter 17.04.

• B. "Land development approvals" shall mean any prezoning, zoning, rezoning, or any discretionary permit, which for purposes of this part shall be limited to site development permits, exceptions, conditional use permits, PD permits and approvals of tentative subdivision maps.

• (Ord. 20467.)

After the effective date of this part, all land development approvals and applications for such approvals in the City of San José shall provide notice to the applicant for or recipient of such approval that no vested right to a building permit shall accrue as the result of the granting of such approval when and if the city manager makes a determination that the cumulative sewage treatment demand on the San José-Santa Clara water pollution control plant represented by approved land uses in the area served by said plant will cause the total sewage treatment demand to meet or exceed the capacity of the San José-Santa Clara water pollution control plant to treat such sewage adequately and within the discharge standards imposed on the city by the state of California regional water quality control board for the San Francisco Bay region. Substantive conditions designed to de-

crease sanitary sewage associated with any land use approval may be imposed by the approving authority.

(Ord. 20467.)

All land development approvals and applications therefor shall be accompanied by the following language: "The land development approval which is the subject of Planning Department File No. _________ is subject to the operation of Part 2.75 of Chapter 12 of Title 15 of the San José Municipal Code. The applicant for or recipient of such land use approval hereby acknowledges receipt of notice that the issuance of a building permit to implement such land development approval may be suspended, conditioned or denied where the city manager has determined that such action is necessary to remain within the aggregate operational capacity of the sanitary sewer system available to the City of San José or to meet the discharge standards of the sanitary sewer system imposed by the California regional water quality control board for the San Francisco Bay region."

(Ord. 20467.)

The city manager of the City of San José may suspend, condition or deny any or all building permits as follows:

• A. The city shall develop and publish land use/effluent coefficients for calculating the sanitary sewage effluent of general plan uses. Each land use/effluent coefficient shall be the manager's best estimate of the volume of sewage which will be generated by the following general plan land uses at the time of occupancy: Rural residential, low density residential, mediumlow density residential, medium density residential, medium-high density residential, high density residential, very high density residential, neighborhood community commercial, regional commercial, general commercial, office, com-

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bined industrial commercial, industrial park, light industrial, heavy industrial, public/quasipublic, public park and open space, private open space, high schools, elementary schools, canneries, chemical plants, and electronic plants. Such coefficients and the list of general plan land uses may be revised by the city manager from time to time and will be assigned in the manager's discretion. The decision of the city manager with respect to land use/effluent coefficients to be assigned to specific general plan land uses shall be final. For purposes of this part, and using such land use/effluent coefficients or an estimate based on an actual land use represented by a specific proposal, the city manager shall assign to each application for a land development approval or a building permit, an estimate of the sanitary sewage effluent which will be generated by the said application. The city manager shall also assign an estimated time of occupancy for the land use contemplated by such application for a land development approval or building permit.

• B. Calculations of estimated effluent and date of occupancy shall be updated by the city manager from time to time as more reliable data becomes available.

• C. Whenever the aggregate sewage treatment demand represented by approved building permits meets the aggregate operational capacity of the plant available for use by the City of San José, the city manager shall direct the building official of the City of San José in writing to suspend the issuance of building permits except as hereinafter provided.

• D. Such suspension shall remain in effect until the city manager has determined that additional capacity is available to the City of San José and the San JoséSanta Clara water pollution control plant,

by virtue of recalculated data which is determined to be more reliable than previous data or by contracting for other capacity with other users of the San JoséSanta Clara water pollution control plant, or upon the completion and operation of additional capital facilities at the San JoséSanta Clara water pollution control plant, certified to add treatment capacity for the city by an engineering consultant retained by the city for the purpose of making such a certification and determination.

contracting for other capacity with other users of the San JoséSanta Clara water pollution control plant, or upon the completion and operation of additional capital facilities at the San JoséSanta Clara water pollution control plant, certified to add treatment capacity for the city by an engineering consultant retained by the city for the purpose of making such a certification and determination.

• E. During the period of suspension, the building official shall continue to receive applications for building permits, which applications shall be logged in chronological order.

• F. When additional capacity is determined to be available, pursuant to subparagraph D hereof, the city manager shall direct the building official in writing to proceed to issue building permits until the sewage estimated to be generated by such building permits meets the portion of total aggregate operational capacity available to the City of San José for such building permits. The building official shall proceed to approve building permits in chronological fashion, approving the oldest applications first, unless the city council adopts by written resolution another method of assigning priority to the issuance of building permits after suspension.

• G. Any suspension of building permits pursuant to this part shall not apply to the following: A building permit for replacement, remodeling, or renovation of existing structures (or structures existing within six months of the application for a building permit), where the estimated sewage effluent for such proposed land use will not increase beyond the prior use of the land on which the construction rep-

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resented by such building permit is proposed to be established. No replacement, remodeling, or renovation will be approved pursuant to this exemption where the land use represented by such building permit will have the effect of discharging sewage in excess of the sewage generated by the number of living units or living unit equivalents existing on the property immediately prior to such replacement, remodeling or renovation, or within six months of the date of application for such building permit.

(Ords. 20467, 20744, 20745.)

• 15.12.550 Charges collected with general taxes - Alternative procedures and conditions.

• 15.12.570 Collection of charges omitted from tax roll and for governmental and public premises - Billing.

• 15.12.580 Payment of charges - Owner responsibility.

• 15.12.590 Payment of charges - Location.

• 15.12.600 Payment of charges - Delinquency date.

The provisions of this part shall be operative until further action of the city council. (Ord. 20467.)

Part 3

SERVICE AND USE CHARGES

Sections:

• 15.12.470 Determination and imposition of charges - Payment and collection.

• 15.12.480 Exceptions to Part 3 provisions.

• 15.12.490 Governmental or public premises defined - Applicability of Part 3 provisions.

• 15.12.500 Effective date of charges.

• 15.12.510 Rates - Yearly review requirements.

• 15.12.520 Required installation of measurement and sampling devices.

• 15.12.530 Methods of measurement and analysis of sewage and/or industrial wastes.

• 15.12.540 Collection of charges based on billing.

• 15.12.630 Adjustments in charges.

• 15.12.640 Special fund created - Restricted use of revenues.

• 15.12.650 Refunds.

The purpose of the provisions of this Part 3, and the sewer service and use charges established pursuant to this Part 3, is to derive revenue which shall be used only for the acquisition, construction, reconstruction, maintenance and operation of the sanitary sewer system of the City of San José, to repay principal and interest on any bonds which may hereafter be issued for the construction or reconstruction of sanitation or sewerage facilities, and to repay federal or state loans or advances which may hereafter be made to the city for the construction or reconstruction of sanitary or sewerage facilities; provided, however, no such revenue shall be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk interceptor and outfall sewers. (Prior code § 5403.1; Ord. 22812.)

As used in this Part 3:

• A. "Director" means the director of finance of the City of San José.

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• B. "Commercial" means a premises, (other than a single-family premises, two-family premises and a multiple-family premises) designed, improved or used for any purpose or purposes other than as a residence for one or more families living separately in separate dwelling units, or which is designed, improved or used as a residence for one or more families living separately in separate dwelling units and for one or more other purposes.

• C. Condominium.

  1. "Condominium" means an estate in real property, separately assessed, consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building or such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property.

  2. "Unit of condominium" means the elements of a condominium which are not owned in common with the owners of other condominiums in the condominium project.

  3. "Condominium project" means the entire parcel of real property divided into condominiums, including all structures thereon.

  4. "Common areas of a condominium project" means the entire condominium project excepting all units of a condominium therein granted or reserved.

  5. "Residential condominium premises" means a unit of a condominium which is designed, improved or used as a residence for one or more families living separately in separate dwelling units and which is not designed, improved or used for any other purpose.

  6. "Commercial, industrial and miscellaneous condominium premises" means a unit of a condominium other than a residential condominium premises, designed, improved or used for any purpose other than as a residence for one or more families living separately in separate dwelling units, or which is designed, improved or used as a residence for one or more families living separately in separate dwelling units and for one or more other purposes.

• D. "Half-year period" means and includes the first or second half of each calendar year.

• E. "Mobilehome" means a vehicle designed and equipped for human habitation and residence, including, but not limited to, travel trailers, camp cars, recreational vehicles, tent trailers, motor homes, etc.

• F. "Mobilehome park premises" means any area or tract of land where one or more mobilehome lots (any area or portion of a mobilehome park designated, designed or used for the occupancy of one mobilehome on a temporary, semipermanent or permanent basis) are rented or leased or held out for rent or lease to accommodate mobilehomes used for human residence or habitation.

• G. "Multiple-family premises" means a premises which is designed, improved or used as a residence for three or more families, living separately in separate dwelling units, and which is not designed, improved or used for any other purpose.

• H. "Premises" means a separate lot or parcel of land, improved or unimproved, which is connected directly or indirectly to the sanitary sewer system or any portion thereof, or from which any sewage is discharged or conducted, directly or indirectly, into said sewer system.

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• I. "Resolution" means the resolution adopted by council which contains the schedule of sewer service and use charge fees.

• J. "Separate dwelling unit" means a premises or portion thereof designed for occupancy for residential purpose by one family, with sleeping, kitchen and bathroom facilities provided therein for the exclusive use of said family.

• K. "Sewage" means and includes sanitary sewage or industrial wastes or both.

• L. "Single-family premises" means a premises which is designed, improved or used as a residence for one family only, and which is not designed, improved or used for any other purpose.

• M. "Two-family premises" means a premises which is designed, improved or used as a residence for two families, and no more, living separately in separate dwelling units, and which is not designed, improved or used for any other purpose.

(Prior code §§ 5403.2 - 5403.6, 5403.6a, 5403.7, 5403.7a, 5403.8, 5403.9, 5403.11, 5403.38; Ord. 22812.)

For the purpose hereinabove specified in Section 15.12.450, the sewer service and use charges established pursuant to this part are hereby prescribed and imposed, and shall be paid to and collected by the city, for services and facilities furnished by the city in connection with its sanitary sewer system to or for each premises which is connected directly or indirectly to said sanitary sewer system or any part thereof, or from which any sewage is conveyed or discharged directly or indirectly into said sanitary sewer system. The amount of said charge for each premises shall be set forth in the resolution adopted by council, and shall be payable and collected as hereinafter provided. (Prior code § 5403.12; Ord. 22812.)

• A. All premises in the city which are situated within and are under the jurisdiction of any county sanitation district or sanitary district and which are required to pay sewer service, use, rental or other charges, rentals or fees for sewer services and facilities are excepted from the provisions of this part.

• B. Also, all premises in the city which are connected to the sewer system of any other city, and which are required to pay sewer service, use, rental or other charges, rentals or fees for sewer services and facilities furnished by such other city, are hereby excepted from payment of such charges as would be otherwise applicable to such premises under the provisions of this part, except to the extent that the charges payable under the provisions of this part exceed those payable to such other city.

(Prior code § 5403.33; Ord. 22812.)

• A. The provisions of this part shall apply to governmental or public premises as well as to premises which are not governmental or public premises. As used herein the term "governmental or public premises" means and includes premises which are owned, controlled or used by:

  1. The United States Government or any department or agency thereof;

  2. The state of California or any department or agency thereof;

  3. Any city, county, town, or city and county, or any of their departments or agencies;

  4. Any school district;

5. Any other governmental or public entity.

B. This section is merely explanatory and declaratory of the existing provisions of this part.

(Prior code § 5403.36; Ord. 22812.)

The sewer service and use charges shall become effective on the effective date of the resolution

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setting charges adopted by council as to all premises connected directly or indirectly to the sanitary sewer system as of that date. All sewer service and use charges imposed pursuant to this Part 3 prior to the effective date of the resolution setting charges shall remain in effect until the end of the fiscal year charged if charges are collected on the tax roll and until the end of the period billed if charges are collected by billing.

The charges for all premises thereafter connected directly or indirectly to said sewer system shall be effective on the first day of the calendar month immediately following the date of initial occupancy of the particular premises. (Prior code § 5403.23; Ord. 22812.)

The director of water pollution control shall once a year review the sewer service and use charges and rates to assure their adequacy in fulfilling state and federal government requirements and to assure their adequacy in recovering capital costs, industrial cost recovery, and costs of operation and maintenance of the sanitary sewer system in a manner which is proportional to the volume and strength of sewage discharged by each class of premises into the sanitary sewer system.

(Prior code § 5403.41; Ords. 21657, 22812.)

• A. The director of water pollution control may, by written order, direct the owner of commercial, industrial or miscellaneous premises and each commercial, industrial or miscellaneous condominium premises to install and maintain measurement and sampling facilities as hereinafter specified for the purpose of computing sewer service and use charges for such premises. Such written order shall be mailed to the person or persons listed as the owners on the last equalized assessment roll of the County of Santa Clara at the address shown on such assessment roll, or to the successor in interest

of such owner if the name and address of such successor in interest is known to the director of water pollution control.

• B. Within sixty days from and after the date of the mailing of the written order, the person or persons to whom such notice is mailed shall install or cause to be installed at his expense, and maintain in proper operating condition at all times, and make accessible to the director of water pollution control or his or her authorized representatives, whenever sanitary sewage and/or industrial wastes are being discharged into the sanitary sewer system, flow measurement and sampling facilities as are hereinafter provided. The flow measurement device can be a Parshall flume, weir, venturi nozzle, magnetic flow meter, or any other type of device providing accurate and continuous flow indication. Pump timers or other indirect measurement devices will not be acceptable.

• C. The flow measuring facilities shall be suitable for indicating and totalizing the flow in millions of gallons per day through the measuring facilities, with an error not exceeding plus or minus five percent. The instrument shall be equipped with a set of electrical contacts arranged to momentarily close a circuit to energize a process timer and sampler device for every fixed quantity of flow. This quantity should be selected so as to ensure a minimum of fifty samples per day. Other control variations will be acceptable if it can be demonstrated to the director of water pollution control that the sampling procedure will result in a sample of sanitary sewage and/or industrial wastes which is proportional to and representative of the sanitary sewage and/or industrial wastes flow. The length of operation of the sampling device shall be dependent on the type of sampling arrangement used, but in no case shall the daily composite sample be less than two quarts in volume.

• D. The method of sampling used can be by continuous pumping past a solenoid-operated valve, direct pumping into the sample con-

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tainer, continuous pumping past a sampler dipper calibrated to remove a constant sample, by a proportional dipper sampler operating directly in the sanitary sewage and/or waste flow, or by any other approved means. All samples must be continuously refrigerated at a temperature of thirty-nine degrees Fahrenheit, plus or minus five degrees.

• E. The flow measurement and sampling station shall be located and constructed in a manner acceptable to the director of water pollution control. Complete plans on all phases of the proposed installation, including all equipment proposed for use, shall be submitted to the director of water pollution control for approval prior to construction.

• F. The owner of the premises shall keep flow records as required by the director of water pollution control and shall make such records available to the director of water pollution control or his or her authorized representatives upon request, and shall provide qualified personnel to properly maintain and operate the facilities. Said records need not be kept for more than one year.

• G. If any person fails to install the required measuring and sampling facilities within sixty days from and after the date of the mailing of the written order, the director of water pollution control or his or her authorized representatives shall make such tests from time to time of sanitary sewage and/or industrial wastes being discharged from such premises into the sanitary sewer system as he or she deems necessary to make an estimate of the sewer service and use charge due and shall prepare a bill or invoice on the basis of such estimate and shall mail said bill or invoice in the same manner and within the time provided for in Section 15.12.540. Failure to install the required measuring and sampling facilities within sixty days from and after the date of the mailing of the written order shall be considered to be a violation of this section.

(Prior code § 5403.18; Ords. 20098, 21657, 22812.)

The director of water pollution control, on the basis of standard methods, standard engineering practices and applicable provisions of this Part 3, shall determine the adequacy and appropriateness of methods employed to measure the volume of sanitary sewage, industrial wastes, amount of biochemical oxygen demand, the amount of suspended solids, and the amount of ammonia discharged into the sanitary sewer system for the purpose of computing the sewer service and use charges as set forth in the resolution. The director of water pollution control, on the basis of standard methods, standard engineering practices, applicable provisions of this Part 3, applicable state and federal regulations and guidelines, records of past water consumption, biological oxygen demand concentration, suspended solids concentration and ammonia concentration, shall determine the characteristic sewage strength and the sewage treatment plant capacity required to accommodate the flow and treat the biological oxygen demand, suspended solids and ammonia, and the annual amount of sewage, biochemical oxygen demand, suspended solids and ammonia concentration for purposes of computing the charge for sewage treatment plant capacity and charges for discharging sewage into the sanitary sewer system pursuant to the provisions of the alternate charge for commercial, industrial or miscellaneous premises set forth in the resolution.

Laboratory procedures used in the examination of sanitary sewage and/or industrial wastes to determine the pounds of biochemical oxygen demand, of suspended solids and of ammonia being discharged into the sanitary sewer system shall be those set forth in standard methods. However, in the discretion of the director of water pollution control or his or her authorized representatives and with the consent of the interested owner of the premises involved, alternative methods for certain analyses of sanitary sewage and/or industrial wastes may be used as long as they reflect the nature and

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quality of the sanitary sewage and/or industrial wastes being discharged into the sanitary sewer system.

(Prior code § 5403.19; Ords. 21657, 22812.)

• D. The sewer service and use charge for such premises shall be due and payable on the date the bill or invoice referred to in this section is mailed.

(Prior code § 5403.20; Ords. 19084, 22812.)

• A. The director or the director's authorized representatives shall, within sixty days from the end of each calendar month (hereafter termed "preceding calendar month") within a calendar year, prepare a detailed statement showing the monthly charge applicable for such preceding calendar month for commercial, industrial or miscellaneous premises and for commercial, industrial or miscellaneous condominium premises for which the alternate charge provided for in the resolution has been applied on July 1st of the fiscal year for which the charge is to be applied. Such statement shall contain the basis of the calculations, the location of the premises, and other relevant information.

• B. On the basis of the statement, the director shall prepare a bill or invoice showing the total charge for such preceding calendar month and shall, within said sixty-day period, mail said bill or invoice to the person or persons listed as the owners of the premises on the last equalized assessment roll of the County of Santa Clara at the address shown on such assessment roll or to the successor in interest of such owner if the name and address of such successor in interest is known to the director. Failure to mail any such bill or invoice, or failure of any owner to receive any such bill or invoice, shall not excuse the owner of any premises from the obligation of paying any sewer service and use charge for any premises owned by him.

• C. The interested owner may, at any reasonable time, review the detailed statement prepared by the director.

• A. Pursuant to the provisions of Division 5, Part 3, Chapter 6, Article IV of the Health and Safety Code of the state, and subject to the exceptions hereinafter set forth, the city elects, as an alternative procedure for the collection of sewer service and use charges prescribed or imposed by the provisions of this Part 3, to have all such sewer service and use charges for each fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, and together with and not separately from, its general taxes.

• B. The director is hereby directed to prepare and file with the city clerk, on or before the fifth day of July of each year, or such other date or dates as the city council may specify by resolution, a written report containing a description of each and every parcel of real property receiving the sewer services and facilities mentioned in this part, except for those premises the charges for which are not to be collected on the tax roll, and the amount of the sewer service and use charge for each parcel for the forthcoming fiscal year, computed in conformity with the charges prescribed by the provisions of this part; provided and excepting, that the sewer service and use charges:

  1. For any and all governmental or public premises or for any premises or public premises or for any premises which are not subject to taxation on the tax roll; and

  2. For commercial, industrial or miscellaneous condominium premises, for which the alternate charge provided for in the resolution is to be applied; shall not be included in said report and shall not be

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collected on the tax roll, but shall be collected in accordance with other provisions of this part. The parcels of real property included in said report may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code of the state and on file in the office of the county assessor of Santa Clara County, California, or by reference to plats or maps on file in the office of the city clerk.

• C. The city clerk shall cause notice of the filing of said report and of a time and place of hearing thereon to be published, prior to the date for hearing, in a newspaper of general circulation printed and published within the City of San José. The publication of said notice shall be once a week for two consecutive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates, not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth, including therein the first day.

said notice shall be once a week for two consecutive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates, not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth, including therein the first day.

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

• E. Upon the conclusion of the hearing, the city 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 said report, which determination shall be final.

• F. On or before the tenth day of August of each year following such final determination, the city clerk shall file with the director a copy of said report with a statement endorsed thereon over his signature that it has been finally adopted by the city council. The director shall thereupon cause said charges to be placed on the property tax roll and collected by the County of Santa Clara for the City of San José, as hereinafter provided. The county's tax collector shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any such parcels are outside the boundaries of the City of San José, they shall be added to the assessment roll of the city for the purpose of collecting such charges. If the property is not described on the roll, the county's tax collector may enter the description thereon, together with the amounts of the charges as shown in the report.

• G. The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon on the first Monday in March immediately preceding the date of the levy.

• H. The tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of the charges 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.

• I. All laws applicable to the levy, collection and enforcement of general taxes of the city including, but not limited to, those pertaining to matters of delinquency, collection, cancellation, refund and redemption, are applicable to such charges.

• J. The tax collector may, in his or her discretion, issue separate bills for such charges and separate receipts for collection on account of such

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charges. The County of Santa Clara shall be compensated for such services rendered in connection with the levy, collection and enforcement of such charges in an amount to be fixed by agreement between the board of supervisors of Santa Clara County and the council of the City of San José.

• K. If any premises connected to or discharging sewage into the San José sewer system are omitted from the above-mentioned report or said tax roll, either because the charge therefor shall not have yet been ascertained by the city as of the date of said report, or for any other reason, the sewer service and use charge for such premises shall be collected in the manner provided elsewhere in this part. If the charge for any premises, as shown on said report for the forthcoming fiscal year, should be less than what should be the charge therefor under the provisions of this part, the balance of such charge shall be collected in the manner provided elsewhere in this part. If, however, the charge for any premises shown in the report and collected on the tax roll should exceed the correct charge for such premises for the fiscal year, the city shall refund the excess amount so collected.

(Prior code § 5403.35; Ord. 22812.)

• A. If the charge for any premises placed on the tax roll, or for any premises collected based upon billing, was less than what should be the charge therefor under the provisions of this Part 3 due to error, the balance of said charge shall be collected by a bill or invoice based on a detailed statement showing the bases of the calculations, the location of the premises and other relevant information, and prepared on or after October 1st for the preceding six months from July to December during which a discrepancy between the amount collected and the correct charge is discovered, and on or after April 1st for the preceding six months from January to June during which such a

discrepancy is discovered. The director shall mail said bill or invoice to the person or persons listed as the owners of the premises on the last equalized assessment roll of the County of Santa Clara at the address shown on such assessment roll or to the successor in interest of such owner if the name and address of such successor in interest is known to the director. Failure to mail any such bill or invoice, or failure of any owner to receive any such bill or invoice shall not excuse the owner of any premises from the obligation of paying the balance of any sewer service and use charge for any premises owned by him or her.

• B. The interested owner may, at any reasonable time, review the detailed statement prepared by the director.

• C. The balance of the sewer service and use charge for such premises shall be due and payable on the date the bill or invoice referred to in this section is mailed.

(Prior code § 5403.24; Ord. 22812.)

• A. The director shall semiannually, on or alter October 1st, prepare a detailed statement containing the basis of the calculations, the location of the premises and other relevant information, showing the total monthly charge for the preceding six months from July to December and on or after April 1st, for the preceding six months from January to June for:

  1. Any premises which should be collected on the tax roll pursuant to Section 15.12.550 but was omitted from the report referred to in Section 15.12.550, or premises the charge for which is collected pursuant billing;

  2. Any governmental or public premises, or any premises which are not subject to taxation on the tax roll, or any premises

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which are omitted from the tax roll because of the provisions of Section 15.12.550.

• B. An invoice may be rendered for a period of less than six months if the commencement date of charges is other than July 1st or January 1st, as may be the case with new accounts.

• C. On the basis of the statement, the director shall prepare a bill or invoice showing the total charge for such six months or less, and shall mail said bill or invoice to the person or persons listed as the owners of the premises on the last equalized assessment roll of the County of Santa Clara at the address shown on such assessment roll or to the successor in interest of such owner if the name and address of such successor in interest is known to the director. Failure to mail any such bill or invoice, or failure of any owner to receive any such bill or invoice shall not excuse the owner of any premises from the obligation of paying any sewer service and use charge for any premises owned by him or her.

• D. The interested owner may, at any reasonable time, review the detailed statement prepared by the director.

• E. The sewer service and use charge for such premises shall be due and payable on the date the bill or invoice referred to in this section is mailed.

(Prior code § 5403.20a; Ord. 22812.)

The owner of any premises is and shall be responsible for payment of any and all sewer service and use charges applicable to premises owned by him or her. It shall be and is hereby made the duty of each such owner to ascertain from the director the amount and due date of any such charge applicable to premises owned by him or her and to pay such charge when due and payable. It also shall be and is hereby made the duty of all owners of all premises to inform the director immediately of all circumstances, and of any change or changes in any

circumstances, which will in any way affect the applicability of any charge to premises owned by him or her or the amount of any such charge. In particular, but not by way of limitation, an owner of any premises shall immediately inform the director of any sale or transfer of such premises by or to such owner.

(Prior code § 5403.28; Ord. 22812.)

Except as otherwise provided elsewhere in this Part 3, all sewer service and use charges shall be payable at the office of the director in the city hall of the City of San José.

(Prior code § 5403.26; Ord. 22812.)

Except as otherwise provided elsewhere in this Part 3, each sewer service and use charge shall be delinquent if not paid on or before the fortieth day immediately following the date upon which such sewer service and use charge became due and payable.

(Prior code § 5403.25; Ord. 22812.)

Except as otherwise provided elsewhere in this part, whenever any sewer service and use charge becomes delinquent, there shall be imposed a penalty equal to ten percent of the amount of the delinquent payment.

(Prior code § 5403.29; Ord. 22812.)

If any owner disputes the amount of the charge in any bill or invoice, he or she shall, within thirty days from and after the date such bill or invoice is mailed and no later, file a claim with the director accompanied by detailed supporting factual data in support of the claim. It shall be the duty of each such owner to prove to the director, that such bill or invoice is in error and the correct amount thereof. If the director, after consulting with the city engineer, determines that the bill or invoice was in error, the

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director shall correct said bill. Failure to dispute the amount of the charge in accordance with this section shall be deemed acceptance of the correctness of the charge. (Prior code § 5403.21; Ord. 22812.)

It is the intent of the provisions of this Part 3, in establishing different sewer service charges for different classes of premises, to establish higher charges for those classes of premises which derive greater benefit from, or impose greater burdens upon, the sanitary sewer system because of the quantity, quality or rate of flow of sanitary sewage and industrial wastes which may be or is discharged by such class of premises into said sewer system, giving full consideration to other fees or taxes which may be paid by owners of said premises for the operation, maintenance, expansion, e:t:tension or development of said sewer system. If, with respect to any of said premises, the city council should find that the charge applicable thereto is unfair or inequitable, then in that event the council may by resolution, agreement or otherwise, establish a special sewer service and use charge for such premises, different from those above provided, and having a closer relationship to the benefit received, or burden placed, by such premises from or upon said sanitary sewer system, giving due consideration to other fees or taxes paid by such premises for said sewer system. However, any such agreement and any such special sewer charge may at any time be revoked or changed by resolution of the council whenever it finds that continuance of the same would be unfair or inequitable in the circumstances. (Prior code § 5403.22; Ord. 22812.)

tion 15.12.450, and for no other purpose; provided, however, that moneys deposited in said fund may be used for direct and administrative costs of the finance department in collecting the sewer service and use charges imposed by this part and for direct and administrative costs of the department of public works in performing any tasks, including, but not limited to, inspection, measurement, sampling and testing of sanitary sewer and/or industrial wastes in connection with the collection of sewer service and use charges imposed by this part.

• B. As used in this section, "direct costs" means wages and salaries and costs of employee fringe benefits incurred by the city, and mileage reimbursement attributable to said collection activities. As used in this section, "administrative costs" means and includes all costs for computer service, materials, supplies and equipment.

• C. Notwithstanding subsections A and B, interest on revenues may be credited to the general fund of the City of San José or to any other fund in the discretion of the city council.

• (Prior code 5403.34; Ords. 21618, 22812.)

Whenever any refunds should become owing by virtue of any relief granted by the city council pursuant to the provisions of Section 15.12.630 or by virtue of any error made in ascertaining the charge applicable to any premises, the director is authorized to make such refunds and to expend for such purpose the moneys in the sewer service and use charge fund.

(Prior code § 5403.15; Ord. 22812.)

• A. All revenues collected pursuant to the provisions of this Part 3 shall be placed into a special fund which is hereby created for such purpose and which shall be known as the "sewer service and use charge fund." Such revenues may be used for the purpose specified in Sec-

The director of water pollution control, the director and their authorized representatives bearing credentials and identification, are hereby given power and authority to enter upon and within any premises to ascertain the nature of such premises; to inspect, observe, measure and compute the vol-

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ume of sanitary sewage and industrial wastes and take samples of such sewage and wastes being discharged from the premises into the sanitary sewer system for biochemical oxygen demand, suspended solids and ammonia analysis; and to ascertain any other facts or information necessary to determine the applicability of any sewer service and use charges to such premises, or the amount of such charges. (Prior code § 5403.17; Ords. 21657, 22812.)

In the event of the failure of any owner to pay when due any sewer service and use charges applicable to premises owned by him, the city may enforce payment of such delinquent charges in any of the following manners:

• A. The city manager may have such premises disconnected from the sanitary sewer system. In the event such disconnection should create a public hazard or nuisance, the city manager or his representatives may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or menace. The owner of such premises shall have a duty to reimburse the city for all expenses incurred by city in disconnecting any such premises, or in doing other things authorized by this section, and no reconnection shall be made until all such charges are paid.

• B. The director may institute action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the city may be collected.

• C. Any and all delinquent payments may be placed on the tax roll, and collected with property taxes, as provided in Section 15.12.550.

• D. Such other action may be taken as may be authorized by law and by the city council.

(Prior code § 5403.32; Ord. 22812.)

Part 4

RECLAIMED WATER

Sections:

"Reclaimed water," as used in this part, means water which, as a result of treatment of effluent from the San José/Santa Clara water pollution control plant is suitable for direct beneficial use or a controlled use that would not otherwise occur. (Ords. 23112, 23113.)

The director of water pollution control is authorized to reclaim water from the effluent from the San José/Santa Clara water pollution control plant. (Ords. 23112, 23113.)

Any reclaimed water which meets the wastewater reclamation criteria of 22 California Code of Regulations Sections 60301 through 60355 and the "wastewater reclamation criteria" of the state of California regional water quality control board, San Francisco Bay region (region board) may be sold, donated or transferred to any person who possesses a conditional waiver for the use of reclaimed wastewater approved by the executive officer of the regional board, or the regional board's delegate, or who has been determined by the regional board to meet requirements for the use of reclaimed water.

(Ords. 23112, 23113.)

Any person desiring to obtain reclaimed water from the director of water pollution control shall

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first demonstrate to the satisfaction of the director of water pollution control that such person possesses a conditional waiver for the use of reclaimed wastewater approved by the executive officer of the regional board, or the regional board's delegate, or has been determined by the regional board to meet requirements for the use of reclaimed water. (Ords. 23112, 23113.)

Any person purchasing reclaimed water from the director of water pollution control shall pay to the director of water pollution control the reclaimed water charges adopted by resolution of the city council. However no charge shall be imposed for reclaimed water provided to the tributary agencies of the San José/Santa Clara water pollution control plant for their respective governmental uses. (Ords. 23112, 23113.)