Chapter 15.16

SEWER CONNECTIONS AND STORM DRAINAGE

Parts:

• 1 Connection and Storm Drainage Definitions

• 2 Connection Procedures

• 3 Sanitary Sewer and Sewage Treatment Plant Connection Fees

  • A. For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as set forth in this Part 1 unless it is apparent from the context that a different meaning is intended.

  • B. Unless otherwise specifically provided or unless it shall be apparent from the context, the definitions of words contained in this part shall be the same as those contained within Title 20 of the San José Municipal Code.

  • (Prior code § 7355.)

• 4 Storm Drainage Fees

• 5 San José-Santa Clara Clean Water Financing Authority Payment Fund

• 6 Storm Drainage Service Charges

Part 1

CONNECTION AND STORM DRAINAGE DEFINITIONS

Sections:

"Condominium unit" means that portion of a condominium project which is not owned in common with the owners of other condominiums in a condominium project.

(Prior code § 7355.9.)

• A. "Connection of land to the sewage treatment plant" means connection, whether directly or

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indirectly, of buildings or structures not owned by the City of San José, on land within the city, to any sanitary sewer system of the city which discharges sewage, directly or indirectly into the sewage treatment plant; such a connection before September 1, 1976 shall not require the issuance of a sewage treatment plant connection permit or payment of sewage treatment plant connection fees.

• B. Modification of existing buildings or structures, or removal of existing buildings or structures and replacement thereof by other buildings or structures on or after September 1, 1976, on land which is connected to the sewage treatment plant, within the meaning of the preceding subsection A, whether before or after September 1, 1976, shall for the purposes of this chapter constitute a new "connection of land to the sewage treatment plant, " for which a sewage treatment plant connection permit shall be required and for which sewage treatment plant connection fees shall be required to be paid subject to the parameters of Section 15.16.820 if such modification, removal or replacement constitutes a change to a new use or purpose or change in conditions in the operations conducted on such land.

• C. Changing the buildings or structures to a new use or purpose, or change in conditions in the conduct of operations, on or after September 1, 1976, on land connected to the sewage treatment plant, whether before or after September 1, 1976, shall for the purpose of this part constitute a new "connection of land to the sewage treatment plant," for which a sewage treatment plant connection permit shall be required to be paid subject to the parameters of Section 15.16.820.

(Prior code § 7355.13; Ord 18224.)

"Living unit" means the space or area designed for occupancy for residential purposes only by one family.

(Prior code § 7355.1.)

"Living unit equivalent" means any of the following:

• A. One bed in a convalescent home;

• B. One guest room in a boardinghouse or lodginghouse;

• C. Two beds in dormitories, fraternities or sororities;

• D. One guest room in a hotel;

• E. One guest room in a motel or auto court;

• F. The manager's quarters in a motel or auto court;

• G. One trailer pad in an automobile trailer court;

• H. Two thousand square feet of gross floor area in an office building;

• I. Any other use of land which causes the same average amount of gallons of sanitary sewage per acre per day to be discharged into the sanitary sewer system of the city as does a one-family dwelling.

(Prior code § 7355.2.)

"Lot" means:

• A. A piece of improved or unimproved land identified with a separate or distinct number or letter on a final subdivision or parcel map which has been approved by the appropriate body, agency or person of the city or county which had jurisdiction under applicable law to make such approval; or

• B. A piece of improved or unimproved land shown as a proposed lot on a tentative map approved by the appropriate body, agency or person of the city or county which had jurisdiction under applicable law, to make such approval, which approval has not lapsed and which land, at the time application for a connection permit is made, the owner intends to develop

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pursuant to the said tentative map, and a final map or parcel map based on such tentative map has not been approved. (Prior code § 7355.3.)

"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.

(Prior code § 7355.10.)

"Permanent sanitary sewer facilities" means only sanitary sewer mains and trunk lines, including appurtenances required for such mains and trunk lines, such as manholes and flushing inlets, but shall not include:

• A. Connecting sewer laterals between the city sanitary sewer mains or trunk lines and the buildings or structures connected or to be connected to such mains and trunk lines;

• B. Facilities which would not be necessary upon complete development of all the land contiguous to the land proposed to be connected to the city's sanitary sewer main or trunk line.

(Prior code § 7355.4.)

"Permanent storm drainage facilities" means only storm drainage mains and trunk lines, including appurtenances required for such mains and trunk lines, such as manholes, but shall not include:

• A. Connecting drainage laterals between the city's storm drainage mains and the buildings, structures or property connected or to be connected to such mains or trunk lines;

• B. Storm-water inlets and laterals to said inlets; curbs, gutters, ditches, dikes, levees, culverts, detention basins, any type of creek, river or channel; and

• C. Facilities which would not be necessary upon complete development of all the land contiguous to the land which is or is proposed to be privileged and/or benefited in the manner described in Section 15.16.910 of this chapter.

(Prior code § 7355.5; Ord. 1836.)

"Person" means an individual, group of individuals, firm or firms, corporation or corporations, association or associations, the United States Government or any department or agency thereof, the state of California or any department or agency thereof, any city, county, town or any of their departments or agencies, any school district, any other governmental or public district or entity, or any other legal district, entity or entities, or any combination of the foregoing. "Person" shall not include the City of San José.

(Prior code § 7355.6.)

"Sanitary sewer system of the City of San José" means the complete sanitary sewer system of the city which discharges sewage directly or indirectly into the sewage treatment plant, including sanitary sewer pipelines, manholes and flushing inlets and appurtenances to the foregoing, but shall exclude any portion or facilities of the sewage treatment plant.

(Prior code § 7355.7.)

"Sewage" means sanitary sewage or industrial wastes, or both. (Prior code § 7355.12.)

"Sewage treatment plant" means all lands, property, facilities, improvements, structures and devices of the San José-Santa Clara sewage treatment plant, including lands, property, facilities, improve-

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ments, structures or devices conveying sewage, sludge, effluent or other substances from such plant to their ultimate point or place of disposal. (Prior code § 7355.11.)

"Storm drainage system" or "storm sewer system" means the complete storm sewer system of the city, including storm sewer pipelines, outfalls, manholes, inlets, connecting pipelines from inlets to manholes or mains, and all appurtenances to the foregoing facilities.

(Prior code § 7355.8; Ords. 25890, 25891.)

Part 2

CONNECTION PROCEDURES

Sections:

• 15.16.200 Property outside city limits - Permit required - Issuance conditions - Exceptions.

• 15.16.210 Council authority to contract for certain work - Contract terms govern rights when.

• 15.16.215 Alternative provisions for use of sanitary sewer system.

• 15.16.220 Connection deemed revocable privilege.

• 15.16.230 Only authorized persons to perform work - Exceptions.

• 15.16.240 Application to connect.

• 15.16.250 Permit conditions.

• 15.16.260 Initial connection charge.

• 15.16.270 Connection charge - Not required when.

• 15.16.280 Approval of connections.

• 15.16.290 Annual service charge - Designated for certain uses.

15.16.300 Rates - Effective date - Determination by city engineer when.

15.16.310 Annual service charge - Payment time.

• 15.16.350 Sewer lateral requirements.

• 15.16.360 Sewer lateral permit fees - Designated.

• 15.16.370 Sewer lateral permit.

• 15.16.390 Sewer lateral fees - Payment.

• 15.16.400 Fire Zones Nos. 1 and 2 - Special requirements.

• 15.16.410 Pipe specifications.

• 15.16.420 Repair of sewer laterals.

• 15.16.430 Excavation - Declared public nuisance when.

• 15.16.440 Excavation - Deposit to repair street damage.

• 15.16.450 Resurfacing - Department of public works duty.

• 15.16.460 Resurfacing - Charges.

• 15.16.470 Street pavement repair costs.

• 15.16.480 Repair and inspection cost - Payment of bill.

• 15.16.490 Repair costs - Delinquent payment by licensed master plumber.

• A. No person shall make connection to the San José sewer system to serve real property outside the corporate limits of the city unless they shall have obtained a permit in accordance with the provisions of this chapter.

• B. Neither the city, the city council, or any officer or employee of the city shall issue any such permit unless such issuance is authorized by the provisions of this chapter, and then only in accordance with and subject to the provisions of this chapter.

• C. The city council may, subject to the conditions contained in this chapter and subject to such other conditions as the council may impose,

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including the imposition of additional fees and charges, permit the owner of real property outside the corporate limits of the City of San José to connect such property to the San José sewer system, except that no such permission may be granted to connect property used for the following residential, housing, lodging, or boarding purposes: single-family dwellings, two-family dwellings, automobile trailer or mobilehome parks, boardinghouses, lodginghouses, fraternity houses, sorority houses, private clubs and lodges, hotels, and motels.

(Prior code § 7300.)

The provisions of this chapter shall not be construed as limiting the power of the city council to contract with sanitation districts, political subdivisions or other public agencies of the state or with owners of real property where said real property is included within an assessment district formed by the city for the construction of sewers with reference to outside sewer connections. Nor shall said provisions be construed as prohibiting the city council from permitting, pursuant to contract, outside sewer connections to serve all or a part of a parcel of real property through which the city is given an easement for sewer line purposes, whenever such permission is given as a consideration for such easement or to prevent loss of any such easement. In all cases where such contracts are entered into, the terms and conditions with reference to connecting with the sewer system of the city as expressed in the contract shall govern the rights of the parties with reference thereto, rather than the provisions of this chapter.

(Prior code § 7302.)

• A. No person or entity may use the city sanitary sewer system to discharge sewage or any other

substance from property located outside of the city limits except in accordance with a valid contract pursuant to Section 15.16.210 of this chapter, a valid permit pursuant to this Title 15 or as expressly authorized by resolution of the city council.

• B. Any person or entity which uses the city sanitary sewer system as authorized by council resolution pursuant to this section shall pay fees, late charges and penalties in the amount and according to the payment schedule set forth in a resolution of fees adopted by the council for this purpose.

• C. No county sanitation district which is authorized by the council to use the city sanitary sewer system shall discharge into the city sanitary sewer system any sewage or other substance from real property located outside such a county sanitation district's legal boundaries existed on March 1, 1989, without approval by resolution of the city council.

• (Ord. 23181.)

The right given to all persons to connect with said sewer system is declared to be a mere privilege revocable at the pleasure of the council, and said privilege may be granted or withheld in the absolute discretion of the council of the city. Nothing contained in this chapter setting forth the terms and conditions upon which such permission may be granted shall be construed as limiting such discretionary power. The council, in its discretion, specifically reserves the right to require the fulfillment of conditions in addition to those specified in Sections 15.16.250 through 15.16.280. The council expressly reserves the right to withhold permission in any case where in its opinion the best interests of the people of the city will be served thereby. (Prior code § 7301.)

The city shall have the exclusive right to make sewer drain connections with the public sewer in the

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roadways of the city, and no person other than agents or employees of the city shall connect any sewer drain between a public sewer and the property line of any premises or excavate therefor in streets in the city; provided, that this section shall have no application where work is being done under plans and specifications adopted under the provisions of the San José Improvement Procedure Code or under private contract in accordance with plans and specifications prepared by the city engineer. (Prior code § 7338.)

• A. Application for permission to connect with said sewer system shall be filed with the license collector on forms supplied for that purpose by him, and shall contain a particular description of the structure or structures to be connected, the location and legal description of the property, the name of the owner, the purpose for which said structures and premises are to be used, together with plans and specifications of the plumbing to be installed, or hereafter installed in said structures; also such other information as shall be required by the license collector.

• B. The license collector shall, upon receipt of application, refer the same to the planning commission and the city engineer, both of whom shall file a written report with the council, which report shall be confined and limited to factual information as follows: The city engineer's report shall consist of findings as to whether the proposed sewer connection is:

  1. Consistent with good engineering practice, and that the engineering and construction standards of the proposed project meet with the requirements of the city engineer and are equal to or in excess of those required within the city;

  2. Practical, having regard to the general terrain of the land in the area where the sewer connection is sought;

  3. Such as would, from the viewpoint of the city in the event of annexation, conform to a general plan for sewering the entire area.

• C. The report of the planning commission shall consist of findings with respect to whether the proposed land use conforms with zoning plans for the future development of the area.

• (Prior code § 7303.)

The license collector shall, after report by the city engineer and the planning commission, present said application to the council for action, and the council may grant a revocable permit to connect to the sewer system subject to the conditions contained in Sections 15.16.260 through 15.16.280, as well as the following conditions:

1. That it is revocable at the pleasure of the council, or its successors, at any time, and without notice; nothing herein contained shall be construed so as to limit the right of the city council to disconnect any premises connected hereunder for cause;

2. That the applicant execute and deliver to the city a written agreement, granting to the city a lien against the real property being sewered to secure the payment of any and all fees that may accrue during the life of the permit;

3. The drainage from roofs, wash racks, courts and other areas shall not be allowed to pass into the city sewer without the express permission of the council, and that any such drainage shall be discontinued at any time, without notice, upon order of the council;

4. That the applicant or his successors take such steps as may be required by the council to effectuate the annexation to the city of the property connected thereunder; and that upon annexation the sewer line shall become part of the San José sewer system;

5. That should the city be required to treat its sewage, the applicant will pay to the city his proportionate part of the cost of the city of the treatment of said sewage,

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which cost is to be determined by a consideration of operation and maintenance as well as interest and depreciation;

6. That the city is granted the right, without notice, to enter upon the real property in question, and to disconnect said sewer at the cost and expense of the permittee, whenever the council shall revoke the permit;

7. That the permit shall be recorded in the office of the county recorder; and that the applicant shall pay the recording fee, if any, therefor;

8. That is it understood and agreed that the privilege of connection with the sewer system of the city shall not be construed as preventing additional assessments for sewer purposes should the property be annexed to and become a part of the city.

(Prior code § 7317.)

tional assessment for sewer purposes in the event the property is annexed to and becomes a part of the city.

(Prior code § 7306.)

All connections shall be made in a manner satisfactory to the city engineer, and approved by him. All plumbing installations shall be made in accordance with the provisions of the plumbing code of the city where the structure involved is a new construction, and in the case of an old structure, the plumbing shall be approved by the plumbing inspector; provided, that the plumbing inspector may elect not to inspect connections and plumbing installations in unincorporated areas in which the plumbing inspector finds there are plumbing standards and requirements established by law and in fact being complied with which are as high as those of the city pertaining thereto, including inspections.

(Prior code § 7305.)

A deposit of fifty dollars shall accompany said application, which sum shall constitute the initial connection charge in the event a revocable permit is granted. An additional charge shall be made in all cases where a special type of connection involving additional expense to the city is required. In such cases, the connection fee charged by the city shall be such as, in the opinion of the city engineer, will defray the cost thereof. (Prior code § 7304.)

The connection charge herein provided for shall not be made in those cases where the property for which a revocable permit is sought shall have been assessed by the city for the purpose of constructing a sewer main to be used in conjunction with the discharge of sewage into the San José sewer system, and where said assessment has been fully paid; provided, however, that nothing herein contained shall be construed as preventing an addi-

In addition to the initial connection charge provided for in Section 15.16.260, there shall likewise be paid by every person receiving a revocable permit hereunder, at the time said permit is issued, an annual service charge which shall be as follows:

• A. One-Family Dwellings, Schools, Churches, Hospitals. One-family dwellings, schools, churches and hospitalssixty dollars per year;

• B. Two-Family Dwellings. Two-family dwellings-sixty dollars per year for the first unit, and thirty dollars per year for the additional dwelling unit;

• C. Apartments, Multiple-Family Dwellings, Auto Courts. Apartments, multiple-family dwellings, group cottages, auto courts, and all other multiple-family dwellings in excess of two units-sixty dollars per year for the first unit, and twenty dollars per year for each additional unit;

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• D. Automobile Trailer Camps. For the first six campsite stalls, or less, sixty dollars per year; for each additional six campsite stalls, or less, twenty dollars per year;

• E. Commercial Houses and Small Industries. Commercial houses and small industries-sixty dollars per year where the amount discharged into the sewer does not exceed one thousand gallons per day. Where the amount discharged is in excess of one thousand gallons and not more than thirty thousand gallons per day, there shall be an additional service charge of six cents for each additional one thousand gallons per day;

• F. Heavy Industries. Heavy industries, including canneries, packing plants, and all other industries, contributing over thirty thousand gallons of sewage per day, shall pay an annual service charge in like amount and manner as herein provided for commercial houses and small industries, and in addition thereto shall pay five cents per one thousand gallons for each additional one thousand gallons in excess of thirty thousand gallons per day, up to the first one hundred million gallons annually. The rate shall then be thirtyfive dollars per one million gallons for the next fifty million gallons annually. Above one hundred fifty million gallons annually, the rate shall be twenty-five dollars per each additional one million gallons annually.

(Prior code §§ 7307 - 7313.)

• A. The rates hereinabove provided for shall be applicable to all connections made on or after the effective date of Ordinance 3602, adopted January 3, 1949. One year from the effective date of said ordinance, the fees herein provided for shall be applicable to all existing connections made pursuant to Ordinance 3358, adopted July 28, 1947.

• B. In all cases involving a connection with the storm sewer of the city, the annual service charge shall be determined by the city engineer, and shall be such as, in the opinion of the city engineer, will reasonably compensate the city for the use of said storm sewer. In determining the amount of said fee, the city engineer shall take into consideration, among other things, the size of the proposed connection, the capacity requested, and the capacity of the storm sewer.

(Prior code § 7314.)

The annual service charge shall be based upon the fiscal year of the city, and shall be due and payable on or before the fifteenth day of December of each year, in accordance with the provisions of the license procedure chapter in Title 6 of this Code. (Prior code § 7315.)

A proration on a monthly basis shall be allowable in all cases for the balance of the fiscal year during which the original connection was made. (Prior code § 7316.)

Any person who requires the construction of a connecting sewer lateral between a public sewer and the property line of any premises shall make written application for a sewer lateral permit therefor at the office of the department of public works at least ten days before the connection is required, and shall thereupon deposit with said department the fee for such sewer lateral permit as is established in this chapter.

(Prior code § 7322; Ord. 21707.)

Fees are hereby fixed and established for sewer lateral permits between the public sewer in front of any premises and the property line of any such premises, as set forth in Section 15.16.370. (Prior code § 7323; Ord. 21707.)

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The fee for each sewer lateral permit shall be as set forth in the schedule of fees established by resolution of council.

(Prior code § 7324; Ords. 20642, 21294, 21707.)

The fees above referred to shall be collected in advance.

(Prior code § 7330; Ord. 21707.)

It is hereby provided that in all those streets contained within the limits of the first and second fire districts of the city, as now or hereafter constituted, all side sewer lateral drains shall be installed with cast iron soil pipe of a minimum size of five inches; provided, that in any and all streets where the distance of the main sewer invert is a maximum four feet measured from the average elevation of the tops of the curbs only cast iron soil pipe shall be installed; provided, however, that storm drains of vitrified or concrete pipe of a minimum size of six inches may be installed at any place within the city. (Prior code § 7331.)

All pipe used in the construction of side sewer laterals shall meet all the requirements as contained in the Standard Specifications of the American Society of Testing Materials referred to in the plumbing code of the city. (Prior code § 7332.)

Notwithstanding any other provision in Part 2 of this Chapter 15.16 to the contrary, the provisions of this section shall apply to and control situations where a property owner makes written application at the office of the department of public works on forms provided by city, for the repair of a sewer lateral running from his property line to the sewer main in the city street. If said written application indicates that the said owner has ascertained to

city's satisfaction that the problem is not caused by an obstruction in that portion of the sewer lateral owned by the owner lying between the owner's property line and structures on his property, the department of public works will determine whether the sewer main is plugged. If the sewer main is not plugged, the department will, if the wye cleanout is not more than twenty-four inches below the surrounding surface grade and is not covered by dirt, concrete, asphalt or any other material, rod the lateral to remove blockage, if any. If, in the aforesaid circumstances, the wye cleanout is more than twenty-four inches below the surrounding surface grade and/or is covered by dirt, concrete, asphalt or any other material, the department will rod the lateral to remove blockage, if any, only after the owner, at his own cost and expense, has brought the wye cleanout to within twenty-four inches below the surrounding surface grade and exposes the wye cleanout in instances where it is covered. If the lateral does not have a wye cleanout, the owner shall cause, at his own expense, a wye cleanout which reaches within twenty-four inches of the surrounding surface grade and is not covered by dirt, asphalt, concrete or other similar material to be installed by a licensed or master plumber in a manner satisfactory to the director of public works or request the department of public works to install same. In such latter event, the department of public works shall install same after an installation fee covering labor and materials in the amount as set forth in the schedule of fees established by resolution of council has been paid by the owner to the city. After installation of the cleanout, the department of public works will rod the lateral between the owner's property line and the sewer main to remove blockage, if any. If, after such rodding, the department of public works determines the said lateral requires repair, the department of public works shall repair the said lateral, without charge to the owner after the owner has filled out a repair order form provided by city which, among other things, requests the repair and grants permission to

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city to effect the repair on that portion of the lateral owned by the property owner in the manner which city deems appropriate.

(Prior code § 7340; Ords. 20634, 21036, 21052, 21294.)

After receiving written notification as aforesaid, it shall be the duty of the department of public works to resurface the trench and bill the costs to the party authorized to make the street opening. (Prior code § 7334.)

The opening or maintenance upon any land within the city of any excavation, except as a cellar, basement, area way, or other opening for use in connection with a building or other structure for the erection or alteration of which a building permit has been issued, is hereby declared to be a nuisance.

(Prior code § 7321.)

Any person intending to make excavations in public streets for the purpose of repairing or cleaning any lateral sewer drain shall make and maintain a general deposit with the city in the sum as set forth in the schedule of fees established by resolution of council, which said sum shall be used by the city to defray any expense incurred in repairing the damage, if any, to said public streets occasioned by said excavations. Provided, however, said deposit shall not be required in the case of a duly licensed master plumber of the city. In such case, his master plumber's bond now on file with the city shall suffice. No trench shall be opened in any public street for repairs to or cleaning of any sewer drain until written permission shall be had therefor from the department of public works. As soon as repairs or alterations have been made, notification in writing shall be given the department of public works and the person who has made the excavation must maintain proper barricades and lights and assume full responsibility for such excavation.

(Prior code § 7333; Ord. 21294.)

Charges for resurfacing trenches in streets paved with asphalt, bitumen, concrete or other hardsurfaced material shall, for each square foot of surface disturbed and restored, be as set forth in Section 15.16.470. It is further provided that the department may designate an employee of the city to act as inspector to oversee the work of backfilling and repairing. For all such inspectors, the city shall charge a fee as set forth in the schedule of fees established by resolution of council; provided that where a public service or utility corporation cuts a street pavement surface in excess of five hundred square feet for the purpose of repairs or extensions of underground works, the department of public works may waive the right of having such resurfacing done by its employees and allow the public service corporation to have the work done by a street paving contractor, but under the inspection of the city in the manner provided by this section. (Prior code § 7335; Ord. 21294.)

• A. The cost per square foot to repair street pavement with asphalt, bitumen, cement, concrete or other hard-surfaced material involving resurfacing only, that is, the laying of a top layer of pavement not exceeding two inches in thickness without any repairs or improvement to or the laying of any base underlying the top surface of the pavement, shall be as set forth in the schedule of fees established by resolution of council.

• B. Any person who furnishes the deposit set forth in Section 15.16.440, or who does work under the master plumber's bond referred to in this Code, intending to make excavations in public

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streets for the purpose of repairing or cleaning any sewer drain, shall be charged for repairs the amounts set forth in this section.

(Prior code § 7339; Ord. 21294.)

The department of public works shall render a bill in duplicate for the cost of inspecting the backfilling of any sewer trench if such inspection be deemed necessary by the city engineer, and also render a bill in duplicate for the cost of the repair of any street surface cut in the repair or cleaning of any side sewer. If such person does not pay to the department of public works the amount of said bill within fifteen days after presentation, said department shall charge that cost of such work against any and all deposits then in the city treasury or that thereafter may come into the city treasury belonging to the person required by this chapter to make such deposit. If the work has been done under and by virtue of a general deposit and said depositor is debtor to the city for work therefor performed, the depositor shall thereafter not be permitted to make any excavation in streets until he shall have deposited the amount required to restore said general deposit to the sum required under Section 15.16.440. The balance of any deposit may be withdrawn by the depositor after the department of public works has delivered to the city auditor the bill for the cost of any work chargeable against such deposit. (Prior code § 7336; Ord. 21294.)

Part 3

SANITARY SEWER AND SEWAGE TREATMENT PLANT CONNECTION FEES

Sections:

• 15.16.500 Sewer connection - Purpose of fees.

• 15.16.510 Sewer connection - Permit required.

• 15.16.520 Sewer connection - Application for permit - Contents.

• 15.16.530 Sewer connection - Fees imposed.

• 15.16.540 Sewer connection - Permit issuance conditions.

• 15.16.550 Sewer connection fees - Payment time.

• 15.16.560 Sanitary sewer connection fee fund.

• 15.16.570 Sewer connection fees - Use for preliminary project engineering expenses permitted when.

• 15.16.580 Sewer connection fees - Payment prerequisite to building permit issuance.

• 15.16.590 Sewer connection fees - Residential uses.

• 15.16.600 Sewer connection fees - Industrial and commercial uses.

• 15.16.610 Sewer connection fees - Schools.

If and when a licensed master plumber is delinquent in his repair payments, suit may be brought against his bond or the city plumbing inspector may be notified in writing by the city engineer of such delinquency and upon receipt of such notice, the plumbing inspector shall not issue permits to the delinquent master plumber until such indebtedness be paid. A disputed bill may be paid under written protest.

(Prior code § 7337.)

• 15.16.620 Sewer connection fees - Agricultural uses.

• 15.16.630 Sewer connection fees - Golf courses.

• 15.16.640 Sewer connection fee - Driving ranges.

• 15.16.641 Sewer connection fees - Miniature golf course.

• 15.16.650 Sewer connection fees - Parks.

• 15.16.660 Sewer connection - Additional fees for excessive discharge.

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uses.

• 15.16.675 Sanitary sewer connection fees - Sanitary sewer extension program participants.

• 15.16.680 Sewer connection fees - Mixed uses.

• 15.16.690 Sewer connection fees - Uses not mentioned.

• 15.16.700 Sewer connection fees - Credits for assessments.

• 15.16.710 Sewer connection fees - Credits for construction.

• 15.16.720 Treatment plant connection - Purpose of fees.

• 15.16.730 Treatment plant connection - Permit required.

• 15.16.740 Treatment plant connection - Application for permit -Contents.

• 15.16.750 Treatment plant connection - Fees imposed.

• 15.16.760 Treatment plant connection fee - Payment in installments permitted when.

• 15.16.765 Treatment plant connection fees installment payments - Sanitary sewer extension program.

• 15.16.770 Treatment plant connection - Permit issuance conditions.

• 15.16.780 Treatment plant connection fee - Payment time.

• 15.16.790 Sewage treatment plant connection fee fund.

• 15.16.800 Treatment plant connection fee - Payment prerequisite to building permit issuance.

• 15.16.810 Treatment plant connection fee - Designated for residential, commercial, industrial, and other uses.

• 15.16.820 Treatment plant connection fee - Changed use, purpose or condition.

15.16.830 Sewer connection fee - Installment payments.

15.16.835 Sewer connection fee installment payments - Sanitary sewer extension program.

15.16.840 Businesses - Treatment plant connection fee installment payments.

• 15.16.841 Exemption - Lands in certain redevelopment project areas.

• 15.16.842 Exemption - Lands in the Julian-Stockton redevelopment project area.

• 15.16.843 Treatment plant connection fee installment payments - The Edenvale Silicon Valley South Industrial Incentive Zone.

• 15.16.844 Suspension - Very low income households.

The purpose of the sanitary sewer connection fees herein established is to derive revenue which shall be used only for the construction and reconstruction of the sanitary sewer system of the City of San José and for the acquisition of land for such system.

(Prior code § 7356.)

No person shall, after the effective date of this chapter, connect any land within the City of San José, either directly or indirectly, to the sanitary sewer system of the city without obtaining a connection permit for such land connected. Application for said permit shall be made to the director of public works in the manner hereinafter provided for.

(Prior code § 7357.)

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§ 15.16.520

Application for permission to connect any land within the city, either directly or indirectly, to the sanitary sewer system of the city shall be filed on forms supplied for that purpose by the director of public works and shall contain:

• A. A plat drawn to scale of the land to be connected, which shall show the dimensions and gross area in acres of such land;

• B. The location and dimensions of any existing and/or proposed streets on such land or abutting such land;

• C. A description of the buildings or structures which have been or are proposed to be constructed on such land;

• D. The uses to which such buildings, structures and land are devoted or are proposed to be devoted;

• E. The estimated gallons per day peak flow (highest rate of flow to emanate from such land at any time on any day) which will be discharged from such land into the sanitary sewer system of the city;

• F. Plans and specifications of the plumbing to be installed on such land;

• G. Such other information as shall be required by the director of public works to enable him to determine whether such connection should be allowed.

(Prior code § 7538.)

For the purposes hereinabove specified in this part and Part 4, the sanitary sewer connection fees hereinafter specified in this part are prescribed and imposed. Any person who makes an application for permission to connect, either directly or indirectly, any land within the City of San José to the sanitary sewer system of the city shall be required to pay the director of finance the sanitary sewer connection fees which apply to such land. The sanitary sewer connection fees shall be paid to and collected by the city for the construction and reconstruction of the

sanitary sewer system of the city and for the acquisition of land for such system. The amount of said fees shall be as hereinafter provided and shall be payable and collected as hereinafter provided. No permit authorizing the connection, either directly or indirectly, of any land within the city to the sanitary sewer system of the city shall be granted unless such fees have been paid by the applicant for such permit to the director of finance. (Prior code § 7359; Ord. 18224.)

If the director of public works, in the exercise of reasonable discretion, determines that the application for a permit to connect, either directly or indirectly, land within the City of San José to the sanitary sewer system of the city should he granted, and if the applicant has paid to the city the sanitary sewer connection fees which apply to such land, the director of public works may issue said applicant a permit to make the connection set forth in the application. All connections shall be made in accordance with all applicable provisions of the San José Municipal Code, and in a manner satisfactory to the director of public works. (Prior code § 7360; Ord. 18224.)

Sanitary sewer connection fees for any land proposed to be connected to the sanitary sewer system of the city after the effective date of the ordinance codified in this part which is proposed to be divided into two or more parcels so as to constitute a subdivision within the meaning of Section 19.08.440 of the San José Municipal Code, and embraced by a tentative map, shall be paid before the final subdivision map or parcel map for such land is recorded. Notwithstanding the foregoing provisions of this section, sewage treatment plant connection fees shall not be required to be paid for any parcel or parcels within a minor subdivision as defined in Section 19.08.290 and exempted from the provisions and requirements of the normal subdivision regulations of the city pursuant to the provi-

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PUBLIC UTILITIES

§ 15.16.590

sions of Section 19.16.190 at the time of recordation of the parcel map therefor, which parcel is, or parcels are, after the effective date of the provisions codified in this part, connected to the sanitary sewer system of the city, but shall be required to be paid at the earliest of the following dates:

• A. When the parcel is, or parcels are, developed and an application for a building permit is made therefor; or

• B. When application is made to connect to the sanitary sewer system of the city.

• (Prior code § 7361; Ord. 18224.)

All sanitary sewer connection fees collected pursuant to the provisions of this part shall be placed into a special fund which is hereby created and established for such purpose, and which shall be known as the "sanitary sewer connection fee fund." Such revenues so placed and deposited in such fund may be used for the construction and reconstruction of the sanitary sewer system of the City of San José and for the acquisition of land for such system, and for no other purpose or purposes. (Prior code § 7362.)

Notwithstanding any contrary provisions in Part 3 and Part 4 of this chapter, the purpose of the sanitary sewer connection fees and the use for which such fees can be expended from the sanitary sewer connection fee fund shall include expenses for preliminary project engineering for the sanitary sewer system of the city. For the purpose of this section, "preliminary project engineering" means and includes studies to define the scope and magnitude of sanitary sewer problems in the city, to decide on the priority in which such problems should be solved, and to determine the size and type of sanitary sewer facilities to solve the problems. Expenses of such engineering shall include salaries, mileage costs, materials, equipment, contractual services for out-

side services and purchases, such as aerial photography, surveys, consultants, reproduction and title reports.

(Prior code § 7362.2; Ord. 18758.)

prerequisite to building permit issuance.

No building permit shall be issued for the construction or modification of any building or structure on any land in the city which, after the effective date of the ordinance codified in this part, is connected to any sanitary sewer system of the city, nor shall any building or structure be constructed or modified on any such land or on any part thereof unless the application for such permit states that, and in actual fact the sanitary sewer connection fees, sewage treatment plant connection fees and the storm drainage fees which apply to such land and are due have been paid. (Prior code § 7363; Ord. 18224.)

uses.

For land which, at the time application for a connection permit is made, is devoted or Is proposed to be devoted to any of the following uses or combination thereof:

Apartment house Bed and breakfast inn

Convalescent hospital Day care center Day care home Dwelling, one-family Dwelling, two-family Dwelling, multiple Emergency residential shelter Guesthouse Hospital Hotel or motel Medical clinic Mobilehome Nursery school Residential care facility Residential service facility

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§ 15.16.590

Single-room occupancy (SRO) residential hotel

Single-room occupancy (SRP) living unit facility

The sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

• A. One thousand nine hundred ninety-one dollars per acre of such land proposed to be connected, plus one hundred ninety four dollars per each living unit equivalent in excess of seven living units and/or living unit equivalents per acre contained or proposed to be contained within such land; or

• B. Four hundred forty-seven dollars per lot contained within such land proposed to be connected, plus one hundred ninetyfour dollars per each living unit and/or per each living unit equivalent in excess of two living units and/or living unit equivalents contained or proposed to be contained within each such lot; or

• C. Four hundred forty-seven dollars.

• (Prior code § 7366; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

For land which, at the time application for a connection permit is made, is devoted or is proposed to be devoted to any of the following uses or combination thereof:

Business and professional offices

Administrative and executive offices

Retail and commercial stores, shops and establishments Wholesale stores, shops, establishments and distributors

Social service agencies and studios

Personal service stores, shops and establishments

Banks, financial institutions and insurance companies

Research or testing laboratories

Gasoline service stations, auto repair and auto wash establishments

Garages

Commercial entertainment establishments, including but not limited to, theaters, bowling alleys, billiard and pool parlors, dancehalls, skating rinks and arenas

Auditoriums, stadiums, assembly halls, exhibit halls, boxing arenas, and churches

Eating and drinking establishments, including, but not limited to, restaurants, cafés, and soda fountains

Taverns, bars, cocktail lounges and nightclubs Caterers, food processing and bakeries

Truck, trailer, automobile, motorcycle and boat sales, rentals, storage and repair

Wrecking yards

Factories, manufacturing plants or establishments

Power plants, warehouses, industrial plants or establishments

Storage, service or repair shops or establishments Junkyards

Garbage and rubbish dumps

Funeral homes and mortuaries

Cemeteries

Railroad passenger stations, freight terminals and repair shops

Salvage yards Post offices

Public utility buildings Trailer parks

Stone mills or quarries

Planing mills, lumber mills or lumberyards Stockyards

Salt works

Animal pounds

Animal hospitals

Laundry, cleaning and dyeing establishments

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PUBLIC UTILITIES

§ 15.16.620

Printing, publication and reproduction establishments

Radio and television broadcasting stations and studios

Gymnasiums and health clubs Pumping plants Sewage treatment plants Water treatment plants Airports

The sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

• A. One thousand nine hundred ninety-one dollars per acre for the first ten acres of such land proposed to be connected, plus eight hundred sixty-one dollars per acre for each acre in excess of ten acres of such land proposed to be connected, plus one hundred ninety-four dollars per each living unit and/or each living unit equivalent in excess of seven living units and/or living unit equivalents per acre contained or proposed to be contained within such land; or

• B. Four hundred forty-seven dollars per each lot contained within the land proposed to be connected plus one hundred ninetyfour dollars per each living unit and/or per living unit equivalent in excess of two living units and/or living unit equivalents contained within each such lot; or

• C. Four hundred forty-seven dollars.

• (Prior code § 7366; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23509.)

For land which, at the time application for a connection permit is made, is developed and used as a public or private nonprofit school, the sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

• A. One thousand four hundred seventy-five dollars per acre of such land proposed to be connected; or

B. Three hundred thirty-three dollars. (Prior code § 7367; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

• A. For land two acres or more in size which, at the time application for a connection permit is made, is used or is proposed to be used for any of the following uses or combination thereof: Field and truck crops Orchards and vineyards Plant and flower nurseries Greenhouses

  • Botanical conservatories and arboretums Forest lands

Drying of crops Animal breeding Pastures Livestock Ranches

Storage, bottling and wholesaling of wine Dairies and processing of dairy products Poultry raising, eggs and hatcheries Apiaries Riding academies and stables

Hay and straw sale and storage Guest ranches Fur farming

The sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

1. One thousand nine hundred ninety-one dollars per acre of:

   • a. The area of the buildings and/or structures constructed or proposed to be constructed on such land and connected to the sanitary sewer system of the city; and

   • b. The areas, including, but not limited to, lawns, landscaped areas, patios, swimming pools, garages, walkways, driveways, tool sheds and chicken coops, and other such build-

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§ 15.16.620

  - ings, structures or improvements, all land adjacent to such buildings, structures or improvements as the director of public works, in the exercise of his/her reasonable discretion, determines is required for the use and enjoyment of such buildings, structures or improvements; or 

2. Four hundred forty-seven dollars.

• B. For land two acres or less in size which, at the time application for a connection permit is made, is used or is proposed to be used for any of the aforesaid agricultural or farming uses or combinations thereof, the sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

  1. One thousand nine hundred ninety-one dollars per acre of such land proposed to be connected; or

2. Four hundred forty-seven dollars.

(Prior code § 7368; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

For land which, at the time application for a connection permit is made, is used or is proposed to be used for a golf course, the sanitary sewer connection fee shall be, subject to such exemptions as may be contained in this part and Part 4, the greater of:

• A. One thousand nine hundred ninety-one dollars per acre of the area of such land contained within:

  1. The clubhouse area, parking lot area and patio area; and

range, the sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

• A. One thousand nine hundred ninety-one dollars per acre of the land contained within the clubhouse area, parking lot area and patio area; or

• B. Four hundred forty-seven dollars.

• (Prior code § 7370; Ords. 19874, 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

For land which, at the time application for a connection permit is made, is used or is proposed to be used as a miniature golf course, the sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

• A. One thousand nine hundred ninety-one dollars per acre of such land; or

B. Four hundred forty-seven dollars. (Prior code § 7370.1; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

For land which, at the time application for a connection permit is made, is used or is proposed to be used for parks, the sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

2. An area of one hundred feet wide within the entire perimeter of the golf course; or

• B. Four hundred forty-seven dollars.

• (Prior code § 7369; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

For land which, at the time application for a connection permit is made, is used for a driving

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§ 15.16.660

Capacity (GPD) Estimated Gallons per Day Peak Flow (highest rate of flow to emanate from such land at any time on any day) Discharged into City's Sanitary Sewer

System 25,001 to 100,000 100,001 to 500,000 500,001 to 1,000,000 1,000,001 to 2,000,000 2,000,001 and over

• A. One thousand nine hundred ninety-one dollars per acre of such land; or

• B. Four hundred forty-seven dollars.

• (Prior code § 7371; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

• A. Whenever the application for a connection permit mentioned in Section 15.16.520 indicates, or the director of public works estimates that twenty-five thousand one gallons of sanitary sewage per day peak flow, or more, will be discharged into the sanitary sewer system of the city from the land proposed to be connected, the sanitary sewer connection fee for such land shall be increased by an amount of money calculated as follows:

• B. Excess peak flow for any particular piece of land proposed to be connected shall be determined by the following formula: (Peak flow)(2500 X acreage of such land) = excess peak flow for such land.

• C. Whenever the owner of any land in the city which is connected after the effective date of the ordinance codified in this part to the sanitary sewer system of the city proposes to discharge from such land after its initial connection, or whenever any such land discharges after its initial connection twenty-five thousand one gallons of sanitary sewage per day

Excess Discharge Fee $0.88 × (Excess Peak Flow, i.e., EPF) 8,800.00 + ($0.04400) × (EPF - 100,000) 26,400.00 + ($0.0220) × (EPF - 500,000) 37,400.00 + ($0.01100) × (EPF - 1,000,000) 48,400.00 + ($0.00550) × (EPF - 2,000,000)

peak flow or more into the sanitary sewer system of the city the owner of such land shall, at the time when such owner proposes such discharge exceeding twenty-five thousand gallons of sanitary sewage per day peak flow, pay an excess discharge fee calculated as above.

• D. Whenever the owner of any land in the city which is connected to the sanitary sewer system of the city after the effective date of the ordinance codified in this part, after initial payment of the applicable fee for such excessive discharge, thereafter proposes to discharge from such land, or whenever any such land thereafter discharges such an additional amount of sewage into the sanitary sewer system of the city so as to render such land subject to a higher excessive discharge fee than the excessive discharge fee which, at the time of such proposed or actual additional discharge, applies to the amount of such actual or proposed discharge on which the last excessive discharge fee was paid, the owner of such land shall, each time such additional amount of sewage is discharged or proposed to be discharged, be required to pay the excessive discharge fee which applies to the amount of such actual or proposed discharge exceeding twenty-five thousand gallons of sanitary sewage per day peak flow emanating from such land, provided that at the time of such pay-

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§ 15.16.660

ment such owner shall receive credit for the excessive discharge fee which, at the time of such proposed or actual additional discharge, applies to the amount of the proposed or actual excessive discharge on which the last preceding excessive discharge fee was paid. (Prior code § 7372.)

Whenever any land in the city connected after the effective date of the ordinance codified in this part to the sanitary sewer system of the city is thereafter devoted to a new or different use, and the sanitary sewer connection fee which, at the time such land is devoted to such new and different use, applies to such new and different use is higher than the fee which, at the time such land is devoted to such new and higher use, applies to the use on which the last connection fee was paid, the owner of such land shall, each time said land is devoted to such a new and different use, be required to pay the amount of the sanitary sewer connection fee which applies 0 such new and different use at the time such land is devoted to such new and different use, provided that at the time of such payment such person shall receive credit for the sanitary sewer connection fee which, at the time such land is devoted to such new and different use, applies to the use on which the last connection fee was paid. (Prior code § 7373.)

Sanitary sewer connection fees paid by participants in the sanitary sewer extension program, pursuant to Chapter 15.17 of this Title 15 and Resolution No. 61109, adopted on January 10, 1989, shall be paid at the rate applicable for fiscal year 1987-88.

(Ord. 23023.)

Whenever land is devoted or is proposed to be devoted to two or more uses for which different

sanitary sewer connection fees are required, each such area of the land which is devoted or is proposed to be devoted to a separate use shall be required to pay the applicable sanitary sewer connection fee for such use on such area. (Prior code § 7374.)

For land which, at the time application for a connection permit is made, is devoted or is proposed to be devoted to any use not specifically mentioned in this part and Part 4, the sanitary sewer connection fee for the most nearly similar use which is so mentioned shall apply. The decision of the director of public works as to what is the most nearly similar use shall control. (Prior code § 7375.)

• A. This section shall apply only to land connected to the sanitary sewer after the effective date of this ordinance where such land has been assessed pursuant to special assessment proceedings to pay for the cost of permanent sanitary sewer facilities which, at the time the applicable sanitary sewer connection fee is paid pursuant to the provisions of this part and Part 4, are facilities owned by the City of San José or are facilities in which the city has a right to discharge sanitary sewage.

• B. Where the cost of such permanent sanitary sewer facilities has been assessed against the land described in Subsection A, above, such costs shall be credited against the particular sanitary sewer connection fee which would otherwise apply to such land. In the event the amount of such credits for assessments exceeds the applicable sanitary sewer connection fee for such land, such excess credits for assessment shall be extinguished and shall not be applied against any future sanitary sewer connection fees.

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§ 15.16.700

• C. The credit for assessment under this section shall be calculated in accordance with the following formula:

Total construction and installation costs of facilities, determined in accordance with the schedule set forth below and entitled "Formula for Determining the Total Construction and Installation Costs of Facilities".

Multiplied By Area of particular pieces of land for which assessment credit to be determined.

Divided By

Total area of the assessment district within which such land for which assessment credit is to be determined lies.

Equals

Credit for assessment for particular piece of land.

Formula for Determining the Total Construction and Installation Costs of Facilities

Type of Facilities Delivered and Installed

Amount of Credit

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§ 15.16.700

• D. In no event shall credit for assessments be given for any type of facilities other than those described in Subsection C, above.

(Prior code § 7376; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

• A. This section shall apply only to land where permanent sanitary sewer facilities are required by the city to be constructed and installed on such land or any areas adjacent thereto at no cost to city and where such land has not been assessed pursuant to special assessment proceedings after the effective date of this ordinance and connected to the sanitary sewer system of the city, in connection with the development of such land.

• B. Where such permanent sanitary sewer facilities have been constructed or installed as described in Subsection A, above, an amount of money based on the type of facilities constructed or installed on such owner shall be

credited against the sanitary sewer connection fee chargeable to such owner, until exhausted, provided that such facilities are then owned by the city, or will be owned by the city upon acceptance thereof by the city.

• C. In the event that the amount so credited exceeds the sanitary sewer connection fee otherwise chargeable to such owner, that excess shall be credited against future sanitary sewer connection fees chargeable to such owner. Such excess credits may be assigned to others.

• D. Credits under Subsection C, above, may be used to offset any sanitary sewer connection fees chargeable in the future by city until exhausted.

• E. Any and all credits under this section shall terminate ten years after the acceptance by city of the construction or installation of the facilities upon which such credits are based.

• F. In no event shall the credits under this section take the form of cash or money payments by city.

• G. The amounts to be credited under this section shall be calculated as follows:

Type of Facilities Delivered and Installed

• 10" inside diameter sanitary sewer pipe, per lineal foot 12" inside diameter sanitary sewer pipe, per lineal foot 15" inside diameter sanitary sewer pipe, per lineal foot 18" inside diameter sanitary sewer pipe, per lineal foot 21" inside diameter sanitary sewer pipe, per lineal foot 24" inside diameter sanitary sewer pipe, per lineal foot 27" inside diameter sanitary sewer pipe, per lineal foot 30" inside diameter sanitary sewer pipe, per lineal foot 33" inside diameter sanitary sewer pipe, per lineal foot

• 36" inside diameter sanitary sewer pipe, per lineal foot

• 42" inside diameter sanitary sewer pipe, per lineal foot Flushing inlets, each Manholes, each

Amount of Credit

$ 7.85 9.85 12.65 17.25 22.15 22.55 25.00 28.70 34.05 39.35 49.70 172.20 663.05

(Prior code § 7377; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

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PUBLIC UTILITIES

§ 15.16.760

The purpose of the sewage treatment plant connection fees herein established is to derive revenue which shall be used only for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant, to repay principal and interest on any bonds which have been or may be issued for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant, and to repay federal or state loans or advances which may hereafter be made to the city for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant. (Prior code § 7356.1.)

No person shall, on or after September 1, 1976, make a connection of land to the sewage treatment plant without obtaining a sewage treatment plant connection permit. Application for said permit shall be made to the director of public works in the manner provided for in this Part 3. (Prior code § 7357.1; Ord. 18224.)

Application for permit - Contents.

Application for permission to connect land to the sewage treatment plant shall be made on forms supplied for that purpose by the director of public works, and shall contain:

• A. The location of the proposed or existing buildings or structures and of the land on which they are installed or to be installed, and maps and drawings describing same, and identification of a responsible representative of the owner;

• B. The use and purpose to which said land is to be put, the nature of business to be conducted on the land, and conditions in the operations to be conducted on the land;

• C. The estimated quantity and strength of sewage to be discharged from such buildings or structures, including the pattern and timing of such discharge;

  • D. The nature of industrial waste pretreatment devices, if any, on said land;

• E. The quantities and nature of raw products or chemicals stored on the said land.

• (Prior code § 7368.1; Ord. 18824.)

For the purposes hereinafter specified in this part and Part 4, the sewage treatment plant connection fees hereinafter specified in this part are hereby prescribed and imposed. Any person who makes an application for permission to connect land to the sewage treatment plant shall be required to pay the director of finance the sewage treatment plant connection fees which apply to such land. The sewage treatment plant connection fees shall be paid to and collected by the City of San José for the acquisition, construction, reconstruction, and enlargement of the sewage treatment plant, to repay principal and interest on any bonds which have been made or may hereafter be made to the city for the acquisition, construction, reconstruction or enlargement of the sewage treatment plant. The amount of said fees shall be as hereinafter provided in this part, and shall be payable and collected as hereinafter provided. No permit authorizing connection to the sewage treatment plant shall be granted unless such fees have been paid by the applicant for such permit to the director of finance.

(Prior code § 7359.2; Ord. 18224.)

• A. Notwithstanding anything herein in this Part 3 or in Part 4 to the contrary, an owner of one single-family dwelling unit claiming that payment of the sewage treatment plant connection fee in one lump sum payment would cause financial hardship, may, at the time an application for permit to connect such land to the sewage treatment plant is made, apply to the city council for permission to pay the applica-

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§ 15.16.760

ble sewage treatment plant connection fee in installment payments instead of in one lump sum.

• B. The city council, after consideration of evidence presented on the matter and upon a finding that payment of the applicable sewage treatment plant connection fee in one lump sum would cause said owner financial hardship, may (but in no event shall be required to) allow said owner to pay such fee under and pursuant to the terms of a written agreement between city and said owner, which would bind said owner to pay such fee in no more than five annual installments at such interest rate that the city council shall determine to be in the public interest (such interest rate not to exceed the maximum allowed by state statute). Pursuant to the terms of said agreement, said owner shall agree that the unpaid balance, plus interest, of such fee shall constitute a lien on the property. Under no circumstances shall an owner of one single-family dwelling unit be allowed more than one such installment agreement to be in effect under this Section 15.16.760 at any time.

• C. Upon execution of said agreement, city shall cause a lien to be recorded on the property. Such written agreement for installment payments shall satisfy the "payment prerequisite" of Section 15.16.800. The first installment shall be due and payable at the time specified for payment of such fee in Section 15.16.790. The remaining outstanding balance shall be due and payable annually in principal plus interest payments beginning one year after payment of the first installment payment. The minimum annual installment payment of principal shall be twenty percent of the total fee.

• D. Each such agreement shall provide that in the event said owner of a single-family dwelling unit sells all or any part of the land, for which the connection permit is granted, to any third person, all of the total remaining unpaid bal-

ance of the sewage treatment plant connection fee, including interest, shall be due and payable prior to the close of escrow of said sale. (Prior code § 7359.1; Ords. 18224, 22099.)

Notwithstanding anything in Part 3 or in Part 4 of this chapter to the contrary, residential participants in the sanitary sewer extension program and any eligible property owner which is a nonprofit corporation under the California Corporations Code may pay the applicable treatment plant connection fee in installment payments instead of one lump sum, as provided by Chapter 15.17 of this title. (Ord. 23023.)

If the director of public works, in the exercise of reasonable discretion, determines that the application for a permit to connect land to the sewage treatment plant of the city should be granted, and if the applicant has paid to the city the sewage treatment plant connection fees which apply to the land, the director of public works may issue said applicant a permit to make the connection set forth in the application. All connections shall be made in accordance with all applicable provisions of the San José Municipal Code and in a manner satisfactory to the director of public works. (Prior code § 7360.1; Ord. 18224.)

Sewage treatment plant connection fees for any land proposed to be connected to the sewage treatment plant on or after September 1, 1976, which is proposed to be divided into two or more parcels for residential purposes so as to constitute a subdivision within the meaning of Section 19.08.440 of the San José Municipal Code, and embraced by a tentative map, shall be paid before the final subdivision map or parcel map for such land is recorded.

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PUBLIC UTILITIES

§ 15.16.810

Sewage treatment plant connection fees for land previously subdivided in accordance with applicable law or land proposed to be divided into two or more parcels for nonresidential purposes so as to constitute a subdivision within the meaning of Section 19.08.440 of the San José Municipal Code, and embraced by a tentative map, which is proposed to be connected to the sewage treatment plant on or after September 1, 1976, shall be paid prior to the issuance of a building permit for the construction or modification of any building or structures on any such land or if no building permit is involved before a permit to connect the land to the sewage treatment plant is issued.

Notwithstanding the foregoing provisions of this section, sewage treatment plant connection fees shall not be required to be paid for any parcel or parcels within a minor subdivision as defined in Section 19.08.290 and exempted from the provisions and requirements of the normal subdivision regulations of city pursuant to the provisions of Section 19.16.190 at the time of recordation of the parcel map therefor, which parcel is, or parcels are, after the effective date of the ordinance codified in this part, connected to the sanitary sewer system of the city, but shall be required to be paid at the earliest following dates:

• A. When the parcel is, or parcels are, developed and an application for a building permit is made therefor; or

• B. When application is made to connect to the sanitary sewer system of the city.

• (Prior code § 7361.1; Ord. 18224.)

All sewage treatment plant connection fees collected pursuant to the provisions of this part and Part 4 shall be placed into a special fund which is created and established for such purpose, and which shall be known as the "sewage treatment plant connection fee fund." Such revenues so placed and deposited in such fund may be used only for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant, to repay

principal and interest on any bonds which have been issued or which may hereafter be issued for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant, and to repay federal or state loans or advances which have or may hereafter be made to the city for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant. (Prior code § 7362.1.)

No building permit shall be issued for the construction or modification of any building or structure on any land in the city which, on or after September 1, 1976, is connected to the sewage treatment plant of the city, nor shall any building or structure be constructed or modified on any such land or on any part thereof unless the application for such permit states that, and in actual fact the sanitary sewer connection fees, sewage treatment plant connection fees, and the storm drain age fees which apply to such land and are due have been paid.

(Prior code § 7363.1; Ord. 18224.)

• A. For land which, at the time application for a sewage treatment plant connection permit is made, is devoted or is proposed to be devoted to single-family dwellings, residential condominiums, two-family dwellings, apartments, other multiple dwellings, or mobile home purposes, the sewage treatment plant connection fee shall be:

  1. Seven hundred eighty dollars for each single-family dwelling unit;

  2. Four hundred thirty-eight dollars for each residential condominium unit; and

  3. Four hundred thirty-eight dollars for each mobile home within a mobile home park.

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• B. For land which, at the time application for a sewage treatment plant connection permit is made, is devoted or is proposed to be devoted to any other purpose or purposes, the charge shall be three million, sixty-six thousand, two hundred fifty-one dollars and forty-one cents per million gallons per day expected peak flow discharge of sewage to the sanitary sewer system of the City of San José, plus ninety-four dollars and eighty-two cents per each pound of biochemical oxygen demand per day expected peak loading to the sanitary sewer system of the City of San José, plus one hundred twenty-six dollars and forty-four cents per each pound of suspended solids of the City of San José, plus forty-nine dollars and ninety-six cents per each pound of ammonia per day expected peak loading to the sanitary sewer system of the City of San José.

The director of water pollution control, on the basis of standard methods, standard engineering practices and information contained in the application submitted pursuant to Section 15.16.740 of the San José Municipal Code, shall determine the million gallons per day expected peak flow discharge of sewage to the sanitary sewer system of the City of San José, the pounds per day of biochemical oxygen demand expected peak loading to the sanitary sewer system of the City of San José, and the pounds of ammonia expected peak loading to the sanitary sewer system of the City of San José, for the purposes of computing the sewage treatment plant connection fee.

(Prior code § 7364.1; Ords. 20574, 21277, 21396, 21397.)

Whenever any land in the city is, on or after September 1, 1976, changed to a new use or purpose, or conditions in the operations conducted thereon are changed, and the sewage treatment plant connection fee which, at the time such land is changed in use or purpose, or subject to such changed conditions, applies to such changed use or purpose

or changed conditions is higher than the fee which at the time such land is so changed in use or purpose, or subject to such changed conditions, applies to the use or purpose or conditions which obtained when the last connection was made, the owner of such land shall, each time said land is so changed in use or purpose or is subject to such changed conditions, be required to apply for and receive a sewage treatment plant connection permit and to pay the amount of the sewage treatment plant connection fee which applies to such new use or purpose or such changed conditions at the time such land is changed in use or purpose, or subject to such changed conditions, provided that at the time of such payment such person shall receive credit for the sewage treatment plant connection fee which at the time such land is changed in use or purpose, or is subject to such changed conditions, applies to the use, purpose or condition which obtained when the last connection was made.

(Prior code § 7373.1; Ord. 18224.)

• A. Financial Hardship.

  1. Notwithstanding anything in Part 3 or Part 4 of this chapter to the contrary, either

     • a. Any owner of one single-family dwelling unit, or

     • b. Any business which owns land and

       • i. Which would be deemed to be a nonprofit corporation under the California Corporations Code, or

       • ii. Which has an existing, valid industrial waste discharge permit for that site, which claims that payment of the sewer connection fee would cause financial hardship, may apply to the city council for permission to pay the applicable sanitary sewer connection fee in installment payments instead of one

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lump sum. The request shall be made at the time of application for a permit to connect such lands, either directly or indirectly, to the city's sanitary sewer system, or at the time of application for renewal of an existing discharge permit.

2. Upon receipt of a request for installment payments, the director of public works shall cause the matter to be set for a hearing before the city council. Notice of the time and place of the hearing shall be sent to the applicant.

3. After the hearing, if the council at its sole discretion finds that payment of the sanitary sewer connection fee in one lump sum would cause the applicant a financial hardship, the council may adopt a resolution authorizing the city clerk to execute a deferral agreement with the applicant.

4. A deferral agreement approved pursuant to this subsection A. shall provide that:

   • a. The fee shall be paid in no more than five annual installments, including interest at the rate determined by the city council; and

   • b. The first installment shall be due and payable at the time specified for payment in Section 15.16.550; and

   • c. The remaining payments of principal plus interest shall be made annually. The minimum annual installment payment of principal shall be twenty percent of the fee.

5. Every deferral agreement approved pursuant to this subsection A. shall provide that:

   • a. The unpaid balance, plus interest, if any, shall constitute a lien on the property; and

   • b. In the event the applicant conveys, exchanges or transfers all or any part of the land, for which the con-

nection permit is granted, to any third person, all of the total remaining unpaid balance of the sanitary sewer connection fee, including interest, shall be due and payable prior to the conveyance, exchange or transfer.

6. Upon execution of a deferral agreement, the city shall cause a lien to be recorded on the property. The agreement shall satisfy the "payment prerequisite" of Section 15.16.580. No more than one deferral agreement under this Section 15.16.830 shall be in effect at any time for an owner of a single-family dwelling unit, or for a business for any one site.

• B. Special Recycled Water User.

1. Notwithstanding anything in Part 3 or Part 4 of this chapter to the contrary, any business which owns land may pay the applicable sanitary sewer connection fee in installment payments instead of one lump sum if the applicant has entered into an agreement with the city that provides that the city is satisfied that the applicant is expected to use substantial quantities of recycled water from the sewage treatment plant, that the recycled water use will exceed the projected peak wastewater flow from the property and the applicant will make a substantial financial contribution to expansion of the recycled water system operated by the sewage treatment plant.

   2. Installment payments authorized pursuant to this subsection B.:

      • a. Shall be paid in no more than ten annual installments with no interest.

      • b. The first installment shall be due and payable at the time specified in the agreement; and

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• c. The remaining payments shall be made annually thereafter. The minimum annual installment payment shall be ten percent of the fee.

(Prior code § 7378.1; Ords. 18224, 22099, 22542, 26447.)

Notwithstanding anything in Part 3 or in Part 4 of this chapter to the contrary, residential participants in the sanitary sewer extension program and any eligible property owner which is a nonprofit corporation under the California Corporations Code may pay the applicable sanitary sewer connection fee in installment payments, instead of one lump sum, as provided by Chapter 15.17 of this title. (Ord. 23023.)

connection fee installment payments.

• A. Financial Hardship.

  1. Notwithstanding anything in Part 3 or Part 4 of this chapter to the contrary, any business which owns land and

     • a. Which would be deemed to be a nonprofit corporation under the California Corporations Code, or

     • b. Which has an existing valid industrial waste discharge permit for that site, which claims that payment of the sewage treatment plant connection fee would cause financial hardship, may apply to the city council for permission to pay the applicable sewage treatment plant connection fee in installment payments instead of one lump sum. The request shall be made at the time of application to connect such land to the sewage treatment plant, or at the time of application for renewal of an existing discharge permit.

2. Upon receipt of a request for installment payments, the director of environmental services shall cause the matter to be set for a hearing before the city council. Notice of the time and place of the hearing shall be sent to the applicant.

3. After the hearing, if the city council at its sole discretion finds that payment of the treatment plant connection fee in one lump sum would cause the applicant a financial hardship, the council may adopt a resolution authorizing the city clerk to execute a deferral agreement with the applicant.

4. A deferral agreement approved pursuant to this subsection A. above shall provide that:

   • a. The fee shall be paid in no more than five annual installments, including interest at the rate determined by the city council; and

   • b. The first installment shall be due and payable at the time specified for payment in Section 15.16.790; and

   • c. The remaining payments of principal plus interest shall be made annually. The minimum annual installment payment of principal shall be twenty percent of the fee.

5. Every deferral agreement approved pursuant to this subsection A. shall provide that:

   • a. The unpaid balance, plus interest, if any, shall constitute a lien on the property.

   • b. In the event the applicant conveys, exchanges or transfers all or any part of the land, for which the connection permit is granted, to any third person, all of the total remaining unpaid balance of the sewage treatment plant connection fee, including interest, if any, shall be due and payable prior to the conveyance, exchange or transfer.

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6. Upon execution of a deferral agreement, the city shall cause a lien to be recorded on the property. The agreement shall satisfy the "payment prerequisite" of Section 15.16.800. No more than one deferral agreement under this Section 15.16.840 shall be in effect at any time for a business for any one site.

• B. Special Recycled Water User.

1. Notwithstanding anything in Part 3 or Part 4 of this chapter to the contrary, any business which owns land, may pay the applicable sewage treatment plant connection fee in installment payments instead of one lump sum if the applicant has entered into an agreement with the city that provides that the city is satisfied that the applicant is expected to use substantial quantities of recycled water from the sewage treatment plant, that the recycled water use will exceed the projected peak wastewater flow from the property and the applicant will make a substantial financial contribution to expansion of the recycled water system operated by the sewage treatment plant.

   2. Installment payments authorized pursuant to this subsection B. above:

      • a. Shall be paid in no more than ten annual installments with no interest.

      • b. The first installment shall be due and payable at the time specified in the agreement; and

      • c. The remaining payments shall be made annually thereafter. The minimum annual installment payment shall be ten percent of the fee.

(Prior code § 7378.2; Ords. 18224, 22099, 22542, 26447.)

connect land within the Park Center project area, the San Antonio Plaza project area, or the Pueblo Uno project area to the sanitary sewer system of the City of San José provided the use of such land is subject to and in accordance with the redevelopment plan for the project area in which such land is situate and that such use is the initial use of such land under such redevelopment plan, and provided further that such exemption shall not extend to that portion of any such sanitary sewer connection fees attributable to excessive discharge nor to any sanitary sewer connection fees attributable to a change in use after the connection of such land, such fees attributable to such change in use to apply and be payable without credit for the sanitary sewer connection fees theretofore exempted.

(Ord. 20020.)

Until January 1, 1986 (or sooner by ordinance of the city council), the sanitary sewer connection fees imposed under this part shall be suspended and shall not be collected from any persons who, during the period of suspension, connect land within the Julian-Stockton redevelopment project area to the sanitary sewer system of the City of San José provided the use of such land is subject to and in accordance with the redevelopment plan for said project area and that such use is the initial use of such land under such redevelopment plan, and provided further that such suspension of fees shall not extend to that portion of any such sanitary sewer connection fees attributable to excessive discharge nor to any sanitary sewer connection fees attributable to a change in use after the connection of such land, such fees attributable to such change in use to apply and be payable without credit for the sanitary sewer connection fees theretofore exempted. (Ord. 20434.)

The sanitary sewer connection fees imposed under this part shall not apply to any persons who

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• A. An installment payment program is hereby established for any building or structure, or portion thereof, to be utilized for industrial purposes or commercial purposes which serve primarily industrial uses within that area designated as the "Edenvale Silicon Valley South Industrial Incentive Zone," on that certain map entitled "Edenvale Silicon Valley South Industrial Incentive Zone," dated May 8, 1990, on file in the office of the city clerk of the City of San José, which map is incorporated herein by reference.

• B. Any owner of a building or structure, or portion thereof, to be utilized for industrial purposes or commercial purposes which serve primarily industrial uses not already subject to an installment payment plan approved pursuant to this chapter, may apply to the city council for permission to pay the applicable treatment plant connection fee in installment payments instead of one lump sum. The request shall be made at the time of application for a permit to connect the building or structure, or portion thereof, to the city's treatment plant.

• C. Upon receipt of a request for installment payments, the director of public works shall cause the matter to be set for a hearing before the city council. Notice of the time and place of the hearing shall be sent to the applicant.

• D. After the hearing, if the city council at its sole discretion finds that payment of the treatment plant connection fee in installments would significantly encourage the applicant to develop in the Edenvale Silicon Valley South Industrial Incentive Zone and will not impair the city's ability to meet any obligations on outstanding indebtedness secured by treatment plant connection fees, the city council may adopt a resolution authorizing the city clerk to execute a deferral agreement with the applicant.

• E. The deferral agreement shall provide that:

  1. The fee shall be paid in no more than five annual installments, including interest at the rate determined by the city council;

  2. The first installment shall be due and payable at the time specified for payment in Section 15.16.550;

  3. The remaining payments of principal plus interest shall be made annually;

  4. The unpaid balance, of principal plus interest in an amount to be determined by the city council, shall constitute a lien on the property; and

  5. In the event the applicant conveys, exchanges or transfers all or any part of the property, for which the connection permit is granted, to any third person, all of the total remaining unpaid balance, including principal plus interest, of the treatment plant connection fee shall be due and payable prior to the conveyance, exchange or transfer.

• F. Upon execution of the agreement, the city shall cause a lien to be recorded on the property.

• G. The agreement shall satisfy the "payment prerequisite" of Section 15.16.580. No more than one installment agreement under this Section 15.16.831 shall be in effect at any time for a business for any one site.

• H. For purposes of this section, the term "industrial purposes" shall have the same definition as set forth in Section 4.46.050.B.3. of this Code.

• I. For purposes of this section, the term "commercial purposes which serve primarily industrial uses" means uses which are enumerated in Table 20-110 of Section 20.50.100 of this Code, and which are located on property which was zoned for commercial uses as of June 21, 1990.

• J. This section shall be effective until January 1, 2000.

(Ords. 23467, 24263, 25013.)

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• A. To the extent not already suspended, the collection of the fees imposed pursuant to this part shall be suspended and not collected with respect to the construction of any building subject to affordability restrictions which require that the building or portion thereof be utilized for housing by households which qualify as very low income.

• B. The suspension of the collection of fees hereinabove provided shall not be deemed to require the refund of any such fees paid to the City of San José prior to the effective date of this section. The suspension of fees hereunder shall terminate on June 30, 2001.

• C. Definitions.

  1. "Very low income households" means persons and families whose incomes do not exceed the qualifying limits for very low income households as established and amended from time to time pursuant to California Health and Safety Code Section 50105. In the event such standards are discontinued, the council shall, by resolution, establish income limits for very low income households for the city.

  2. "Affordability restrictions" means covenants, conditions and restrictions running with the land and recorded with the Santa Clara county recorder's office in connection with a building or structure used for housing to be utilized by very low income households within the City of San José. The affordability restrictions shall require that a building or structure used for housing, in part or in whole, be utilized by very low income households for a minimum period of thirty years or as may be otherwise required by federal or state law.

• (Ords. 24068, 25045.)

Whenever the city council finds that the application of the sanitary sewer connection fees and/or

the sewage treatment plant connection fees established herein to a given piece of land would be unfair or inequitable, or would result in unnecessary hardships because of the unusual circumstances peculiar to such land, the council may by resolution grant an adjustment to or exception from the sanitary sewer connection fee and/or the sewage treatment plant connection fees applicable to such land which would be fair and equitable for the land concerned.

(Prior code § 7378.)

The director of finance shall keep in proper books a permanent and accurate account of all sanitary sewer connection fees and sewage treatment plant connection fees paid under this part and Part 4, giving the names and addresses of the persons on whose account the same were paid, the land for which such fees were collected, the use or proposed use of the land, the conditions in the operation conducted on the land on which such fees were collected, the date such fees were paid and the amount thereof, and the date of issuance of the sanitary sewer connection permit and the sewage treatment plant connection permit for such land. Such books and records shall be open for public inspection upon reasonable notice. (Prior code § 7364; Ord. 18224.)

Part 4

STORM DRAINAGE FEES

Sections:

• 15.16.900 Purpose - Use restrictions.

• 15.16.910 Payment required.

• 15.16.920 Imposition and collection.

• 15.16.930 Time for payment of fees.

• 15.16.940 Storm drainage fee fund.

• 15.16.950 Use of fees for preliminary project engineering expenses permitted when.

• 15.16.960 Payment prerequisite to building permit issuance.

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§ 15.16.900

• 15.16.1020 Multiple dwelling units, hospitals, nursing homes, motels, hotels.

15.16.1060 Golf courses.

• 15.16.1070 Driving ranges or miniature golf courses.

only for the construction, reconstruction and maintenance of the storm drainage system of the City of San José and for the acquisition of land for such system.

(Prior code § 7379; Ord. 21016.)

For the privilege and benefit to his land of discharging storm water, surface water, groundwater, roof runoff or subsurface drainage from his land directly or indirectly into the storm drainage system of the city, and also for the benefits accruing to his land because of the existence of a city storm drainage system which collects and disposes of waters from other lands in the city, the person owning such land so privileged and benefited shall be required to pay storm drainage fees to the City of San José.

(Prior code § 7380.)

modifications to building without increase in floor area, interior modifications to building, or modification, improvement and replacement of loading docks.

• 15.16.1120 Uses not mentioned.

• 15.16.1150 Exterior additions which add floor area to buildings.

• 15.16.1151 Exemption - Lands in certain redevelopment project areas.

• 15.16.1152 Exemption - Lands in certain redevelopment project areas.

• 15.16.1153 Suspension - Very low income households.

The purpose of the storm drainage fees herein established is to derive revenue which shall be used

For the purposes hereinabove specified in this Part 4, the storm drainage fees hereinafter specified in this chapter are hereby prescribed and imposed on all land privileged and/or benefited in the manner described in Section 15.16.910. Such fees shall be paid to and collected by the city for the construction, reconstruction and maintenance of the storm drainage system of the city, and for the acquisition of land for such system. The amount of said fees shall be as provided in this Part 4, and shall be payable and collected as hereinafter provided. (Prior code § 7381; Ord. 21016.)

Storm drainage fees for any land privileged and/or benefited in the manner described in Section 15.16.910 shall be paid to the director of finance at the earliest of the following dates:

• A. When the owner thereof improves such land by the construction or modification of buildings or structures thereon, or grades or paves such land;

• B. When a building permit is issued to the owner thereof to improve such land by

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§ 15.16.960

the construction or modification of buildings or structures thereon or to grade or pave such land;

• C. When such land is connected by means of a lateral to the storm drainage system of the city; or

• D. If such land is proposed to be divided into two or more parcels so as to constitute a subdivision within the meaning of Section 19.08.440 of the San José Municipal Code, before the final subdivision map or parcel map for such land is recorded; except that such fees shall not be required to be paid for any parcel or parcels within a minor subdivision as defined in Section 19.08.290 and exempted from the provisions and requirements of the normal subdivision regulations of the city under Section 19.20.020 at the time of recordation of the parcel map therefor, but shall be required to be paid at the earliest of the following dates:

  1. When application is made to connect to the storm sewer system of the city;

  2. When the owner thereof improves such parcel or parcels by the construction or modification of buildings or structures thereon or grades or paves such parcel or parcels;

  3. When a building permit is issued to the owner thereof to improve such parcel or parcels by the construction or modification of buildings or structures thereon or to grade or pave such parcel or parcels; or

  4. When such parcel is, or parcels are, "connected by means of a lateral to the storm drainage system of the City of San José."

(Prior code § 7382.)

All storm drainage fees collected pursuant to the provisions of this part shall be placed into a

special fund which is hereby created and established for such purpose and which shall be known as the "storm drainage fee fund." Such revenue so placed and deposited in such fund may be used for the construction, reconstruction and maintenance of the storm drainage system of the city and for the acquisition of land for such system and for no other purpose or purposes; provided, however, that the amount of funds used for maintenance purposes in a fiscal year shall not exceed five percent of the storm drainage fees collected during that fiscal year. (Prior code § 7383; Ord. 21016.)

Notwithstanding any contrary provisions in Part 3 or in this Part 4, the purpose of the storm drainage fees and the use for which such fees can be expended from the storm drainage fee fund shall include expenses for preliminary project engineering for the storm drainage system of the city. For the purpose of this section, "preliminary project engineering" means and includes studies to define the scope and magnitude of storm drainage problems in the city, to decide on the priority in which such problems should be solved, and to determine the size and type of storm drainage facilities to solve the problems. Expenses of such engineering shall include salaries, mileage costs, materials, equipment, and contractual services for outside services and purchases such as aerial photography, surveys, consultants, and reproduction and title reports. (Prior code § 7383.1; Ord. 18758.)

No building permit shall be issued after the effective date of the ordinance codified herein for the construction or modification of any building or structure on any land in the city which is privileged and/or benefited in the manner described in Section 15.16.910, nor shall any building or structure be constructed or modified on any such land or on any part thereof unless the storm drainage fees required by this Part 4 for such land have been paid. (Prior code § 7384.)

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§ 15.16.970

No person shall connect his land to the storm drainage system of the city by means of a storm drainage lateral without obtaining a connection permit for such land connected. Application for said permit shall be made to the director of public works, on forms supplied for that purpose by the director of public works. (Prior code § 7385.)

If the director of public works, in the exercise of reasonable discretion, determines that the application for a permit to connect his land to the storm drainage system of the city by means of a storm drainage lateral should be granted, and if the applicant has paid to the city the storm drainage fees which apply to such land, the director of public works may issue said applicant a permit to make the connection set forth in the application. All connections shall be made in accordance with all applicable provisions of the San José Municipal Code, including but not limited to Section 15.16.350, and in a manner satisfactory to the director of public works.

(Prior code § 7386.)

At the time storm drainage fees are paid to the city, the owner of the land for which such fees are paid shall supply the following data and information to the director of public works:

• A. A plat drawn to scale of such land, which shall show the dimensions and gross area in acres of such land;

• B. The locations and dimensions of any existing and/or proposed streets on such land or abutting such land;

• C. A description of the buildings or structures which have been or are proposed to be constructed on such land;

• D. The uses to which such buildings, structures and land are devoted, or are proposed to be devoted;

• E. The plan showing the manner in which storm water, surface water, groundwater, roof runoff or subsurface drainage will discharge from such land directly or indirectly into the storm drainage system of the city;

• F. Such other information as shall be required by the director of public works to enable him to determine the amount of the storm drainage fees which apply to such land, and if a storm drainage connection permit is required, whether and under what circumstances such a permit should be issued.

(Prior code § 7387.)

The director of finance shall keep in proper books a permanent and accurate account of all storm drainage fees paid under this Part 4, giving the names and addresses of the persons on whose account the same were paid, the land for which such fees were collected, the use or proposed use of the land for which such fees were paid, and the amount thereof. Such books and records shall be open for public inspection upon reasonable notice. (Prior code § 7388.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910 and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is devoted or is proposed to be devoted to any of the following uses or combinations thereof:

One-family dwellings

Two-family dwellings

The storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

• A. One thousand two hundred fifteen dollars per acre of such land; or

• B. Two hundred seventy dollars per lot contained within such land,

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§ 15.16.1030

whichever (i.e., A or B) results in the greater fee, provided that in no event shall the storm drainage fee for any such land be less than two hundred seventy dollars.

(Prior code § 7389; Ord. 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910, and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is devoted or is proposed to be devoted to any of the following uses or combination thereof:

Multiple-unit dwellings Apartments Lodginghouses Boardinghouses Residence clubs Fraternity houses Sorority houses Dormitories Nursing homes Convalescent homes Hospitals Convalescent hospitals Sanitoriums Hotels Motels Auto courts

The storm drainage fee shall, subject to such exceptions as may be contained in this Part 4, be at the rate of:

• A. One thousand eight hundred fifteen dollars per acre of such land; or

• B. Four hundred five dollars per lot contained within such land, whichever (i.e., A or B) results in the greater fee, provided that in no event shall the storm drainage fee for any such land be less than four hundred five dollars.

(Prior code § 7390; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910, and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is devoted or is proposed to be devoted to any of the following uses or combination thereof:

Business and professional offices

Administrative and executive offices

Retail and commercial stores, shops and establishments

Wholesale stores, shops, establishments and distributors

Social service agencies and studios

Personal service stores, shops and establishments

Banks, financial institutions and insurance companies

Research or testing laboratories Gasoline service stations, auto repair and auto wash Garages

Commercial entertainment establishments, including but not limited to, theaters, bowling areas, billiard and pool parlors, dancehalls, skating rinks and arenas

Auditoriums, theaters, stadiums, assembly halls, exhibit halls, boxing arenas, and churches Eating and drinking establishments, including, but not limited to, restaurants, cafés, and soda fountains

Taverns, bars, cocktail lounges and nightclubs Caterers, food processing and bakeries Truck, trailer, automobile, motorcycle and boat sales, rentals, storage and repair Wrecking yards

Factories, manufacturing plants or establishments

Power plants, warehouses, industrial plants or establishments

Storage, service or repair shops or establishments Junkyards

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§ 15.16.1030

Garbage and rubbish dumps Funeral homes and mortuaries Cemeteries Railroad passenger stations, freight terminals and repair shops Salvage yards Police stations Fire stations Post offices Public utility buildings Trailer parks Stone mill or quarry Planing mill, lumber mill or lumberyard Stockyards Salt works Animal pound Animal hospital Laundry, cleaning and dyeing establishments Printing, publication and reproduction establishments Radio and television broadcasting stations and studios

Gymnasiums and health clubs Pumping plants Sewage treatment plants Water treatment plants Libraries Airports

The storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

• A. One thousand eight hundred fifteen dollars per acre for the first ten acres of such land plus eight hundred sixty-five dollars per acre for each acre in excess of ten of such land; or

• B. Four hundred five dollars per lot contained within such land, whichever (i.e., A or B) results in the greater fee, provided that in no event shall the storm drainage fee for any such land be less than four hundred five dollars.

(Prior code § 7391; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910, which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is developed and used or is proposed to be developed and used for private or public nonprofit schools, the storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

• A. Nine hundred dollars per acre of such land, or

• B. Two hundred five dollars, whichever amount is greater.

(Prior code § 7392; Ords. 20191, 20196.)

• A. For land two acres or more in size which is privileged and/or benefited in the manner described in Section 15.16.910; and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is devoted or is proposed to be devoted to any of the following agricultural or farming uses or combination thereof:

Field and truck crops

Orchard and vineyards

Plant and flower nurseries

Greenhouses

Botanical conservatories and arboretums Forest land Drying of crops Animal breeding Pastures

Livestock Ranches

Storage, bottling and wholesaling of wine Dairies and processing of dairy products Poultry raising, eggs and hatcheries

Apiaries

Riding academies and stables

Hay and straw sale and storage Guest ranch

Fur farm

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§ 15.16.1090

The storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

1. One thousand two hundred fifteen dollars per acre of:

   • a. The area of the buildings and/or structures constructed or proposed to be constructed on such land; and

   • b. The areas, such as lawns, landscaped areas, patios, swimming pools, garages, walkways, driveways, tool sheds and chicken coops, of such land adjacent to such buildings and/or structures as the director of public works, in the exercise of reasonable discretion, determines is required for the use and enjoyment of such buildings and/or structures; or

2. Two hundred seventy dollars; whichever (i.e., 1. or 2.) is greater.

• B. For land two acres or less in size which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is used or is proposed to be used for any of the aforesaid agriculture or farming uses or combination thereof, the storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

  1. One thousand two hundred fifteen dollars per acre of such land; or

  2. Two hundred seventy dollars; whichever (i.e., 1. or 2.) is greater.

(Prior code § 7393; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910 and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is used or is proposed to be used for a golf course, the storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

• A. One thousand two hundred fifteen dollars per acre of such land contained within:

  1. The clubhouse area, parking lot area, and patio area, and

  2. An area one hundred feet wide within the entire perimeter of the golf course; or

• B. Two hundred seventy dollars, whichever (i.e., A or B) is greater.

• (Prior code § 7394; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910 and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is used or is proposed to be used for a driving range or miniature golf course, the storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

• A. One thousand two hundred fifteen dollars per acre of such land; or

• B. Two hundred seventy dollars, whichever (i.e., A or B) is greater.

(Prior code § 7395; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910 and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is used or is proposed to be used for parks, the storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

• A. One thousand two hundred fifteen dollars per acre of such land; or

• B. Two hundred seventy dollars, whichever (i.e., A or B) is greater.

(Prior code § 7396; Ords. 20191, 20196.)

Whenever any land in the city privileged and/or benefited in the manner described in Section 15.16.910, for which the applicable storm drainage fee has been paid, is thereafter devoted to a new or different use, and the storm drainage fee which, at the time such land is devoted to such a new and different use, be required to pay the amount of the

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storm drainage fee which applies to such new and different use at the time such land is devoted to such a new and different use, be required to pay the amount of the storm drainage fee which applies to such new and different use at the time such land is devoted to such new use provided that at the time of such payment such person shall receive credit for the amount of the storm drainage fee which, at the time such land is devoted to such new and different use, applies to the use on which the last storm drainage fee was paid. (Prior code § 7397.)

• B. Modifies the interior of" constructs an addition to the interior of, or improves the interior of an existing building or structure on such land;

• C. Modifies, constructs, improves or replaces a loading dock for loading and unloading of trucks for an existing building on such land, and no building permit for such modification, construction, improvement or replacement in any of the above three situations shall be withheld for failure to pay such fee on such land.

• (Prior code § 7399.5.)

Whenever land is devoted or is proposed to be devoted to two or more uses for which different storm drainage fees are required, each such area of the land which is devoted or is proposed to be devoted to a separate use shall be required to pay the applicable storm drainage fee for such use on such area.

(Prior code § 7398.)

Notwithstanding any other provisions of this Part 4 of Chapter 15.16 of this Code to the contrary, no storm drainage fee shall be required to be paid for land in the city which is privileged and/or benefited in the manner described in Section 15.16.910 of this Code, when the owner of such land, or anyone else with the permission of the owner after the effective date of the ordinance codified herein;

• A. Modifies the exterior of, constructs an addition to the exterior of, or improves the exterior of an existing building or structure on such land in such a way that such modifications, construction or improvement does not add any floor area to said building or structure;

For land which, at the time the applicable storm drainage fees are paid to the city as required by and pursuant to this part, is devoted or is proposed to be devoted to any use not specifically mentioned herein, the storm drainage fee for the most nearly similar use which is so mentioned shall apply. The decision of the director of public works as to what is the most similar use shall control. (Prior code § 7399.)

• A. Whenever land privileged and/or benefited in the manner described in Section 15.16. 910 hereof has been assessed pursuant to special assessment proceedings to pay for the cost of permanent storm drainage facilities, which facilities, at the time the applicable storm drainage fee is paid for such land, pursuant to the provisions of this part, are owned by the city, or in which the city has a right to discharge storm water, surface water, groundwater, roof runoff or subsurface drainage, an amount of money based on the type of facilities constructed and installed, the cost of which is assessed against said land shall, at the time applicable storm drainage fees are paid for such land, be credited against the particular storm drainage fee which applies to such land. In the event that the amount of credits for assessments exceeds the applicable storm drain-

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age fee for such land, such excess assessment credits shall be extinguished and may not be applied against future storm drainage fees.

Said amounts to be credited pursuant to this section shall be calculated in accordance with the following formula:

Formula for Determining the Total Construction and Installation Costs of Facilities

Type of Facilities Delivered and Installed

• 30" inside diameter reinforced concrete pipe, per lineal foot....

• 33" inside diameter reinforced concrete pipe, per lineal foot....

• 36" inside diameter reinforced concrete pipe, per lineal foot....

• 42" inside diameter reinforced concrete pipe, per lineal foot....

• 48" inside diameter reinforced concrete pipe, per lineal foot....

• 54" inside diameter reinforced concrete pipe, per lineal foot....

• 60" inside diameter reinforced concrete pipe, per lineal foot.... Manholes, each....

  • Amount of Credit $ 16.00 19.00 22.50 27.75 32.50 38.50 44.25 405.00

• B. In no event shall credit for assessments be given for any type of facilities other than those above described.

• (Prior code § 7399.1; Ords. 20191, 20196.)

Whenever permanent storm drainage facilities are required by the city to be constructed and installed at no cost to the city on any land privileged and/or benefited in the manner described in Section 15.16.910 and/or constructed and installed on any areas adjacent thereto in connection with the development of such land, which facilities are constructed or are caused to be constructed by the owner of such land pursuant to and in accordance with such requirements, an amount of money based

on the type of such permanent storm drainage facilities constructed and installed on such land and/or on such areas adjacent thereto, computed as set forth below shall, at the time storm drainage fees are paid by such owner, be credited against storm drainage fees chargeable to such owner, provided such facilities are owned by the city at the time the owner pays such fees, or will be owned by the city upon acceptance thereof by the city, until the amount of such credit is exhausted. In the event that the amount so credited under this section exceeds the storm drainage fees which are chargeable to such owner, the amount of such excess shall be credited against future storm drainage fees chargeable to such owner at the time such future storm drainage fees are paid by such owner until the amount of

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such excess is exhausted, or such excess may be assigned to others. In the event such excess is assigned, the assignee of such excess credits shall be entitled to offset the amount of such excess credits against future storm drainage fees chargeable to such assignee until the amount of such excess is exhausted. Credits under this section shall termi-

nate ten years after the acceptance by the city of the construction and installation of facilities on which such credits are based. In no event shall credits under this section take the form of cash or money payments. Said amounts to be credited pursuant to this section shall be calculated as follows:

Type of Facilities Delivered and Installed

(Prior code § 7399.2; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910 within which the owner of such land, or anyone else with the permission of the owner, after the effective date of the ordinance codified herein, modifies the exterior of, constructs an addition to the exterior of, or improves the exterior of an existing building or structure on such land which modification, construction or improvement adds any floor area to the building or structure, the storm drainage fee shall be the fee which would otherwise normally be required to be paid for such land; provided, that in no event shall the fee exceed five percent of the construction cost of such modification, construction or improvement, as estimated by the building department of the city at the time the building permit for such modification, construction or improvement is issued by the city. In the event the fee, as thus calculated, exceeds one thousand dollars, the city council may allow the owner to pay the said fee under and pursuant to the terms of a written agreement which would bind the owner to pay such fee in

such installments and over such a period of time, in no event however, to exceed five years and upon such rate of interest as the city council shall determine to be in the public interest. Each such agreement shall provide that in the event the owner sells all or any part of the land to any third person, the total remaining balance of the storm drainage fee unpaid as of the date of such sale, shall be due from the owner seller within thirty days from and after the date of such sale. In the event the storm drainage fee paid at the first such modification, construction or improvement does not equal the storm drainage fee which would otherwise normally be required to be paid for such land, in the absence of this section the owner shall pay a storm drainage fee calculated in accordance with the limitations in this section and payable in installments as above provided, if applicable, at each time of any such subsequent modification, construction or improvement, until the total storm drainage fee applicable to such land in the absence of this section is paid. (Prior code § 7399.6.)

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The storm drainage fees imposed under this part shall not apply to persons whose land within the Park Center project area, the San Antonio Plaza project area, or the Pueblo Uno project area is privileged and/or benefited by the storm drainage system of the City of San José provided the use of such land is subject to and in accordance with the redevelopment plan for the project area in which such land is situate and that such use is the initial use of such land under such redevelopment plan, and provided further that such exemption shall not extend to any storm drainage fees attributable to a change in use, such fees attributable to a change in use to apply and be payable without credit for the storm drainage fees theretofore exempted. (Prior code § 7399.7; Ord. 20020.)

The storm drainage fees imposed under this part shall be suspended and shall not be collected from persons whose land within the Julian-Stockton redevelopment project area is privileged and/or benefited by the storm drainage system of the City of San José during the period of the suspension, provided the use of such land is subject to and in accordance with the redevelopment plan for said project area and that such use is the initial use of such land under such redevelopment plan, and provided further that such suspension of fees shall not extend to any storm drainage fees attributable to a change in use, such fees attributable to a change in use to apply and be payable without credit for the storm drainage fees theretofore exempted. (Ord. 20434.)

• A. To the extent not already suspended, the collection of the fees imposed pursuant to this part shall be suspended and not collected with respect to the construction of any building subject to affordability restrictions which re-

quire that the building or portion thereof be utilized for housing by households which qualify as very low income.

• B. The suspension of the collection of fees hereinabove provided shall not be deemed to require the refund of any such fees paid to the City of San José prior to the effective date of this section. The suspension of fees hereunder shall terminate on June 30, 2001.

• C. Definitions.

  1. "Very low income households" means persons and families whose incomes do not exceed the qualifying limits for very low income households as established and amended from time to time pursuant to California Health and Safety Code Section 50105. In the event such standards are discontinued, the council shall, by resolution, establish income limits for very low income households for the city.

  2. "Affordability restrictions" means covenants, conditions and restrictions running with the land and recorded with the Santa Clara county recorder's office in connection with a building or structure used for housing to be utilized by very low income households within the City of San José. The affordability restrictions shall require that a building or structure used for housing, in part or in whole, be utilized by very low income households for a minimum period of thirty years or as may be otherwise required by federal or state law.

• (Ords. 24068, 25045.)

Whenever the director of public works of the city finds in writing that the application of the storm drainage fees established above to a given piece of land would be unfair or inequitable or would result in unnecessary hardships because of the unusual circumstances peculiar to such land and/or the improvements, if any thereon, and/or the use thereof, the director, after considering evi-

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dence on the matter, may (but in no event shall be required to) grant, in writing, an adjustment to or exception from the storm drainage fee applicable to such land which would be fair and equitable for the land concerned. (Prior code § 7399.3.)

• A. Notwithstanding anything herein in this Part 4 or in Part 3 to the contrary, any corporation which owns land and which would be deemed to be a nonprofit corporation under the corporations code of the state and any owner of one single-family dwelling unit, privileged and/or benefited in the manner described in Section 15. 16.910, claiming that payment of the storm drainage fee in one installment would cause financial hardship, may, at the time an application for permit to connect such land to the storm drainage system is made, apply to the city council for permission to pay the applicable storm drainage fee in installment payments instead of in one lump sum.

• B. The city council, after considering evidence presented on the matter and upon a finding that payment of the applicable storm drainage fee in one lump sum would cause said owner financial hardship, may (but in no event shall be required to), allow said owner to pay such fee under and pursuant to the terms of a written agreement between the city and said owner, which would bind said owner to pay such fee in no more than five annual installments at such rate of interest as the city council shall determine to be in the public interest (such interest rate not to exceed the maximum allowed by state statute). Pursuant to the terms of said agreement, said owner shall agree that the unpaid balance, plus interest, of such fee shall constitute a lien on the property. Under no circumstances shall an owner of one singlefamily dwelling unit be allowed more than one such installment agreement to be in effect under this Section 15.16.1170 at any time.

• C. Upon execution of said agreement, city shall cause a lien to be recorded on the property. Such written agreement for installment payments shall satisfy the "payment prerequisite" of Section 15.16.960. The first installment shall be due and payable at the time specified for payment of such fee in Section 15.16.930. The remaining outstanding balance shall be due and payable annually in principal plus interest payments beginning one year after payment of the first installment payment. The minimum annual installment payment of principal shall be twenty percent of the fee.

• D. Each such agreement shall provide that in the event the said nonprofit corporation or said owner of a single-family dwelling unit sells all or any part of the land, for which the connection is permitted, to any third person, all of the total remaining unpaid balance of the storm drainage fee, including interest, shall be due and payable prior to the close of escrow of said sale.

(Prior code § 7399.4; Ord. 22099.)

Part 5

SAN JOSÉ-SANTA CLARA CLEAN WATER FINANCING AUTHORITY PAYMENT FUND

Sections:

15.16.1200 Payments from San José.

• 15.16.1210 Payments from outside users.

• 15.16.1220 Payments from Santa Clara.

• 15.16.1230 Use of moneys.

• 15.16.1240 Interest.

This part is intended to establish and create a special payment fund hereby entitled the San JoséSanta Clara clean water financing authority payment fund (hereinafter referred to as "payment fund"). San José, Santa Clara and the outside users

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of the San José-Santa Clara water pollution control plant will deposit moneys in the payment fund to be used to pay base payments and additional payments to the clean water financing authority, or the trustee.

(Ord. 21013.)

• A. Improvement Agreement. For purposes of this chapter, "improvement agreement" shall mean the agreement to be entered into by and among San José, Santa Clara, and the authority, dated as of July 1, 1982, to provide for San José and Santa Clara to make payments to the authority in amounts sufficient to provide for the payment of the debt service on the revenue bonds.

• B. Authority. For the purposes of this chapter, "authority" shall mean the San José-Santa Clara clean water financing authority created on March 1, 1981.

• C. Supplemental Agreements. For the purposes of this chapter, "supplemental agreements" are those agreements to be entered into between San José and Santa Clara and all or certain of the outside users to provide for the payment by such outside users to San José and Santa Clara of such outside users' share of the cost of the capital improvement project to be financed from the proceeds of the revenue bonds.

• D. Outside Users. For the purposes of this chapter, "outside users" shall mean those tributary agencies that use the San José-Santa Clara water pollution control plant.

• E. Base Payments. For the purposes of this chapter, "base payments" shall mean those amounts required to be paid pursuant to the provisions of the improvement agreement.

• F. Additional Payments. For the purposes of this chapter, "additional payments" shall mean those amounts required to be paid pursuant to the provisions of the improvement agreement.

• (Ord. 21013.)

Not less than five days before the date on which any base payment or additional payment is due to the authority or to trustee, San José will deposit in the payment fund its portion of such payment pursuant to the improvement agreement between the authority and the City of San José and the City of Santa Clara. (Ord. 21013.)

San José will deposit in the payment fund all amounts received from outside users pursuant to the supplemental agreement. (Ord. 21013.)

Not less than five days before the date on which any base payment or additional payment is due to the authority or to the trustee, San José will deposit in the payment fund any and all moneys received from Santa Clara for its adoption of such payment.

(Ord. 21013.)

All moneys in the payment fund shall be used by San José solely for the purpose of paying base payments and additional payments to the authority or the trustee, as such become due and payable pursuant to the improvement agreement. (Ord. 21013.)

Interest, if any, earned on the payment fund shall be allocated to the outside users and the cities of San José and Santa Clara in proportion to their relative contributions to the payment fund to be used in accordance with Section 15.16.1230. (Ord. 21013.)

Part 6

STORM DRAINAGE SERVICE CHARGES

Sections:

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15.16.1330 Land area.

15.16.1340 Parcel.

• 15.16.1370 Charges proportional to cost of service.

• 15.16.1395 Adjacent non-residential parcels used for single common use.

• 15.16.1400 Determination of storm sewer charges.

• 15.16.1410 Charges collected with general taxes.

• 15.16.1420 Collection of charges based on billing.

• 15.16.1450 Payment of charges - Owner responsibility.

• 15.16.1470 Payment of charges - Delinquency date.

• 15.16.1490 Disputed bills.

• 15.16.1500 Director adjustment of charges.

• 15.16.1520 Inspection of premises authorized.

• 15.16.1530 Payment of delinquent charges - City enforcement powers.

Storm sewer service charges are hereby established for the purpose of: deriving adequate revenue for the acquisition, repair, rehabilitation, construction, reconstruction, maintenance and operation of the storm sewer system of the City of San José. (Ords. 23781, 25890, 25891.)

The definitions set forth in this part shall govern the application and interpretation of this part. (Ords. 23871, 25890, 25891.)

"Director" means the director of finance of the City of San José. (Ords. 23871, 25890, 25891.)

"Land Area" means the size of a parcel, expressed in acres and fractional increments of oneone hundredth acres.

(Ords. 23871, 25890, 25891.)

"Parcel" is a lot or unit of land which is separately assessed for property tax purposes by the Santa Clara County tax collector; or if not subject to assessment by the tax collector, a lot or unit of land which may be lawfully sold as a separate parcel in conformity with the provisions of Title 19 of this Code.

(Ords. 23871, 25890, 25891.)

"Permeable surface area" means an area of land that is not covered by any impervious surface, through which rainwater can flow unobstructed to the soil.

(Ords. 23871, 25890, 25891.)

"Premises" means a parcel that is connected, directly or indirectly to, or served by the storm sewer system.

(Ords. 23871, 25890, 25891.)

The amount of the storm sewer service charge imposed as to any person or parcel shall not exceed the proportional cost of storm sewer service provided to that person or parcel. (Ords. 23871, 25890, 25891.)

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All premises connected to the storm sewer system shall be categorized by the director as either residential premises, or non-residential premises, for the purpose of calculating the applicable storm sewer service charges; and within these categories, all premises shall be further categorized as follows:

• A. Residential premises.

  1. Single family premises - a single parcel 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.

  2. Two family premises - a single parcel which is designed, improved or used as a residence for two families and no more, and which is not designed, improved or used for any other purpose.

  3. Small multiple family premises - a single parcel which is designed, improved or used as a residence for three or four families and not more, and which is not designed, used or improved for any other purposes.

  4. Condominium premises - a single dwelling unit in a building or structure used or designed as a residence for more than one family, which may be lawfully sold as a separate parcel in conformity with the provisions of Title 19 of this Code, and may include an undivided interest in a separate parcel, known as a "common area".

  5. Large multiple family premises - a single residential unit in a parcel or lot that contains more than four residential units.

  6. Mobilehome premises - a structure transportable in one or more sections, designed and equipped to contain not more than one dwelling to be used with or without a founda-

• B.

tion system, when connected to required utilities, and which is located on a parcel where two or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for permanent occupancy.

• Non residential premises.

1. Church premises - a parcel designed, improved or used exclusively for religious worship purposes, which is exempt from property taxation under the constitution of the state of California.

2. College/university premises - a parcel designed, improved or used for the purpose of providing comprehensive advanced education services.

3. Small commercial, light industrial and miscellaneous premises - a parcel which is (a) designed, improved or used for any purpose or purposes other than residential, heavy industrial, schools, churches, colleges and universities, parking facility or open space (b) .2 acres or less in size; and (c) contains no outdoor storage and either has no on-site parking or fewer than fifty percent of the number of on-site parking spaces that would be required under the current zoning designation for the use that exists on the parcel.

4. Mid-size and large commercial, light industrial and miscellaneous premises - a parcel which is designed, improved or used for any purpose or purposes other than residential, heavy industrial, schools, churches, colleges and universities, parking facility, open space or small commercial, light industrial and miscellaneous premises.

5. Heavy industrial premises - a parcel designed, improved or used for the

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purpose of operating the type of facility covered by the general industrial activities stormwater permit adopted by the state of California pursuant to the federal clean water act.

6. Open space premises - a parcel that is unimproved with any building or structure or impervious surface, including but not limited to a vacant parcel.

7. Parking facility premises - a parcel designed, improved or used for parking of licensed motor vehicles.

8. School premises - a parcel designed, improved or used for the purpose of providing comprehensive primary or secondary education services.

(Ords. 23871, 25890, 25891, 26634.)

Whenever a parcel is designed, improved or used for two or more uses for which different storm sewer service charges are applicable, the charge shall be the sum of the charges for each use, as separately calculated for the land area covered by each use; provided, however that only non-residential parcels may be considered as partially in use as open space premises, and then only where:

• A. More than fifty percent of the land area of the parcel is permeable surface area, or

• B. The permeable surface area of the parcel exceeds one acre.

The burden of proof shall be on the property owner to establish that a non-residential parcel is a mixed use parcel. (Ords. 23871, 25890, 25891, 26634.)

Whenever two or more adjacent non-residential parcels are designed, improved and used for a single common use, the charge shall be calculated as if all such parcels were one parcel, by totaling the land area for all such parcels for the purpose of

determining the applicable "surface runoff operating charge" and "surface runoff capital charge" and adding a single "quality charge." The burden of proof shall be on the property owner to establish that adjacent non-residential parcels are designed, improved and used for a single common use. (Ord. 26634.)

• A. The storm sewer charges for all premises connected to or served by the storm sewer system shall consist of three components, a "surface runoff operating charge," a "surface runoff capital charge" and a "quality charge."

• B. The quality charge, the surface runoff operating charge and the surface runoff capital charge for residential premises shall be calculated on the basis of the cost of providing storm sewer services to residential premises.

• C. The quality charge, the surface runoff operating charge and the surface runoff capital charge for non-residential premises shall be calculated on the basis of the cost of providing storm sewer services to non-residential premises.

• D. The allocation of the total costs of providing storm sewer service that is to be collected through the quality charge, the surface runoff operating charge, and the surface runoff capital charge shall be consistent with the breakdown of estimated expenditures for the cost of providing storm sewer services as set forth in the annual budget that is submitted by the city manager and passed by the city council.

• E. The quality charge shall be a flat fee, separately established by council resolution for each category of premises served by or connected to the storm sewer system.

• F. For all residential premises, the surface runoff operating charge and the surface runoff capital charge shall be a flat fee, separately established by council resolution for each category of residential premises served by or connected to the storm sewer system.

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• G. For all non-residential premises, the surface runoff operating charge and the surface runoff capital charge shall be per acre charges, separately established by council resolution for each category of non-residential premises served by or connected to the storm sewer system.

• H. For each residential premises, the storm sewer service charge shall be the sum of the quality charge, the surface runoff operating charge, and the surface runoff capital charge, established by council resolution for that type of premises.

• I. For each non-residential premises, the storm sewer charge shall be calculated by the director, by multiplying the sum of the surface runoff operating charge and surface runoff capital charge, as established by the council resolution for that type of premises, times the land area of the premises, and adding the quality charge for that type of premises, as established by the council resolution.

• (Ords. 23871, 25890, 25891.)

• A. For all parcels on the property tax roll of the County of Santa Clara, storm sewer service charges for each fiscal year shall be 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. At least fifteen days in advance of the last council meeting before the city is required to provide the tax assessor with the amount of the storm sewer service charges for the purpose of placing the storm sewer service charges on the property tax roll, the director is hereby directed to prepare and file with the city clerk a written report describing all parcels served by the storm sewer system, for which storm sewer charges are to be collected on the tax roll, and the amount of the storm sewer service charges for each such parcel for the forthcoming fiscal year, computed in conformity

with the provisions of this part and the council resolution establishing the storm sewer service charges for the forthcoming fiscal year.

• C. In the event that the director fails to include a parcel served by or connected to the storm sewer system, in any required report to the city clerk, the storm sewer service charge for that parcel for the forthcoming fiscal year shall be collected in the same manner as for parcels not on the tax roll.

• D. On or before the date that the city is required to provide the tax assessor with the amount of the storm sewer service charges for the purpose of placing the storm sewer service charges on the property tax roll, the city clerk shall file with the director a copy of the director's report with a statement endorsed thereon over the city clerk's signature indicating the final action on the report taken by the city council.

• E. The director shall upon receipt of the clerk's statement, cause the 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 parcels as they appear on the current assessment roll. To the extent allowed by law, 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.

• F. The amount of the charges shall constitute a lien against the parcel against which the charge has been imposed as of noon on the tax lien date then in effect for that fiscal year.

• G. 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

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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.

• H. The tax collector may, at the tax collector's discretion, issue separate bills for such charges and separate receipts for collection on account of such charges.

• I. If any premises connected to or served by the storm sewer system are omitted from the abovementioned report or 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 storm sewer service 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.

(Ords. 23871, 25890, 25891.)

• A. For all parcels not on the tax roll, and for all parcels omitted by the director from the report to the city clerk that is required by Section 15.16.1410, the director shall prepare and mail a bill showing the total storm sewer service charge for that fiscal year, computed in conformity with the provisions of this part and the council resolution establishing the storm sewer service charges for that fiscal year.

• B. The director shall mail the bill to the person or persons listed as the owners of the parcel 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 are known to the director.

• C. The storm sewer service charges for such premises shall be due and payable on the date the bill is mailed.

• D. Notwithstanding subsection C. above, if the bill as to any one parcel exceeds one thousand dollars, at the option of the property owner, and provided that one-half the bill is paid when due and a written request to pay in installments is provided to the director with the bill payment, the due date for the remaining one-half of the bill shall be extended for five calendar months.

(Ords. 23871, 25890, 25891.)

• A. In the event that storm sewer service charges for the parcels identified in the director's report do not exceed the storm sewer service charges previously noticed for those parcels, the following notice and hearing procedures shall apply.

  1. The city clerk shall cause notice of the filing of the director's 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. The publication of the notice shall be once a week for two consecutive weeks. Two publications in a newspaper published once a week or more often, 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 day.

  2. At the time stated in the notice, 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.

  3. Upon the conclusion of the hearing, the city council may adopt, reduce, or modify any charge or overrule any or all objections, provided that in no event may any charge be increased without following the procedure set forth in subsection B. below.

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4. The city council shall make its determination upon each charge as described in the report, which determination shall be final.

• B. In the event that the storm sewer service charge for any parcel exceeds the storm sewer service charge previously noticed for that parcel, notice and hearing shall be provided for the increase in accordance with any requirements imposed under state law.

• (Ords. 23871, 25890, 25891.)

• A. If the charge for any parcel placed on the tax roll, or collected based upon billing, was less than the charge should be under the provisions of this Part 6 due to error, the balance of the charge shall be collected by a bill based on a detailed statement showing the bases of the calculations, the location of the premises and other relevant information.

• B. The director shall mail the bill and detailed statement 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 are known to the director.

• C. The balance of the storm sewer service charge for such parcel shall be due and payable immediately on the date of the bill referred to in this section.

(Ords. 23871, 25890, 25891.)

• A. The owner of any parcel is and shall be responsible for payment of any and all storm sewer service charges applicable to a parcel owned by such owner.

• B. Failure to mail any bill or invoice, or failure of any owner to receive any such bill or invoice, shall not excuse the owner of any parcel from

the obligation of paying any storm sewer service charge for any parcel owned by such owner.

• C. Upon request of the director, an owner shall provide to the director information sufficient to calculate the land area of the parcel.

• D. All parcel owners shall immediately inform the director of any change(s) in any circumstances, which will in any way affect the applicability of the storm sewer service charge applicable to their parcel, or the amount of any such charge, including but not limited to any sale, transfer or change in use of the parcel.

• (Ords. 23871, 25890, 25891.)

Except as otherwise provided elsewhere in this Part 6, all storm sewer service charges shall be payable at the location designated by the director. (Ords. 23871, 25890, 25891.)

Except as otherwise provided elsewhere in this Part 6, each storm sewer service charge bill shall be delinquent if not paid on or before the fortieth day immediately following the date upon which such storm sewer service charge bill became due and payable.

(Ords. 23871, 25890, 25891.)

Except as otherwise provided elsewhere in this Part 6, whenever any storm sewer service charge bill becomes delinquent, there shall be imposed a penalty equal to ten percent of the delinquent amount. (Ords. 23871, 25890, 25891.)

• A. If any owner disputes the amount of the charge in any bill, including but not limited to any bill collected on the tax roll, the owner shall, within thirty days after the date such bill or invoice is mailed and no later, file a claim disputing the bill with the director accompanied by detailed supporting factual data in support of the claim.

T15:149

SAN JOSÉ CODE

§ 15.16.1490

• B. It shall be the duty of each owner to prove to the director that such bill or invoice is in error and the correct amount thereof. If the director determines that the bill or invoice was in error, the director shall correct the bill, and if the bill has been paid, issue a refund.

• C. Failure to dispute the amount of the charge in accordance with this section shall be deemed acceptance of the correctness of the charge.

• D. The city shall not be liable for interest on any amount determined to be refunded.

• (Ords. 23871, 25890, 25891.)

Incorrect categorization of property for billing purposes, or use of an incorrect land area for the purpose of calculating a non-residential storm sewer service charge that is not the actual shall be considered a clerical error or arithmetic miscalculation, subject to the correction and refund provisions of Section 1.17.030 of this Code. The city shall not be liable for interest on any amount determined to be refunded. (Ords. 23871, 25890, 25891, 26634.)

• A. It is the intent of the provisions of this Part 6, in establishing different storm sewer service charges for different categories of premises, to allocate the costs of the storm sewer system in a manner that does not exceed the proportional cost of the service attributable to each parcel giving full consideration to other fees or taxes which may be paid by owners of any premises for the expansion, extension or development of the storm sewer system.

• B. If, with respect to any parcel, the city council should find that the charge applicable thereto is greater than the proportional cost of service attributable to the parcel, then in that event the council may by resolution, agreement or otherwise, establish a special storm sewer service charge for such premises, different from those above provided, and having a closer relationship to the proportional costs of service attributable to the premises.

• C. Any such special storm sewer service charge may at any time be revoked or changed by resolution of the council upon a finding that continuation of the special storm sewer service charge would be unfair or inequitable under the circumstances.

(Ords. 23871, 25890, 25891.)

The director of public works, the director of environmental services and, the director of finance are hereby given power and authority to enter upon and within any premises to ascertain the nature of such premises; to inspect, observe, and review the services provided by the storm sewer system as may be allowed by law.

(Ords. 23871, 25890, 25891.)

• A. Notwithstanding other remedies, in the event of the failure of any owner to pay when due any storm sewer service charges applicable to parcel owned by such owner, the city may enforce payment of such delinquent charges by instituting 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.

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

• C. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil and criminal.

• (Ords. 23871, 25890, 25891.)