San Leandro Municipal Code Art. 8 Administration

(Legislative History: Ordinance No. 2014-020, 11/17/14; Ordinance No. 2019-013, 9/3/19)

(a) Determination of User Charges and Fees. When user classification charges are established, they shall be based upon a minimum basic charge for each premises, computed on the basis of wastewater from a basic domestic premises with the following characteristics:

The charges for all characteristics of users other than the basic domestic premises shall be based upon the relative difference between the average wastewater constituents and characteristics of that classification as related to those of a domestic premises. The charges and fees established for industrial users shall be based upon the measured or estimated constituents and characteristics of that user which may include, but are not limited to, BOD, TSS, and volume.

If any provision of these regulations or the application to any person or circumstances is held invalid, the remainder of the regulations or the application of such provisions to other persons or other circumstances shall not be affected.

Every user shall pay to the City all charges and fees levied upon their connection to and use of the sanitary sewer in accordance with the City's schedule of charges and fees.

Fees and charges for residential dwelling units (houses, apartments, condominiums and the like) for the period of July 1 to and including June 30 of each fiscal year shall be filed with the County Auditor of the County of Alameda prior to August 10, who shall enter such fees and charges as an assessment of the tax roll and against the respective premises. Said assessment shall be collected at the same time and in the same manner as ad valorem taxes and other charges as are otherwise collectible by the County and shall be subject to the same penalties and the same procedures and sale in the case of delinquencies as provided for such taxes. All laws applicable to the levying, collection and enforcement of ad valorem taxes shall be applicable to such assessments as provided herein. All other fees and charges not assigned for collection to the County Auditor shall be billed and collected by the Finance Department of the City of San Leandro. All charges and fees are due and payable on receipt of a bill therefor. Such charges and fees shall be paid to the City as directed upon the bill. Upon the expiration of 30 days after billing the charges and fees shall become delinquent if the bill, or that portion thereof which is not in bona fide dispute, remains unpaid. If the assessment delinquency extends beyond a 30 day period the City may assess a delinquency of the unpaid balance.

During July of each year, the Manager shall submit to the City's governing body a report of delinquent charges and fees. A time, date and place for hearing the report and any objection or protests thereto shall be fixed by the City Clerk. Not less than 10 days prior to the date of such hearing, the Manager shall mail written notice thereof to the owner of each of the premises affected thereby, using for this purpose the names and addresses which appear on the last equalized tax assessment roll.

At said hearing the government body shall hear any objections or protests of owners of premises liable to be assessed for delinquent charges or fees. The governing body may make such revisions or corrections to the report as it deems just, after which the report shall be confirmed by resolution. The delinquent charges and fees set forth in the report as confirmed shall constitute special assessments against the respective premises and are a lien on the premises for the amounts of such delinquent charges and fees. Prior to August 10, a certified copy of the confirmed report shall be filed with the County Auditor, who shall enter each assessment on the tax roll against the respective premises. Said assessment shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem property taxes shall be applicable to such assessments. The lien created attaches upon recordation of a certified copy of the confirmed report in the office of the County Recorder and shall continue until the charges and fees are fully paid.

The City will annually provide public notice, in a newspaper of general circulation within the jurisdiction of the POTW, of industrial users that, during the previous 12 months, were in significant non-compliance with applicable pretreatment standards and requirements per the provisions of 40 CFR 403.8(f)(2)(viii).

After providing adequate notice and a reasonable opportunity to be heard, the City may revoke any permit, and/or halt or prevent any discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons. The City also maintains the authority to halt or prevent any discharge to the sanitary sewer system which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW.

If service is terminated it shall be unlawful for any person to discharge any material to the City sanitary sewer. This provision is in addition to other statutes, rules, or regulations, authorizing termination of service for delinquency in payment.