Santa Barbara Municipal Code Ch. 14.52 Sewer Extensions

The purpose of this section is to provide expedient means of financing sewer construction in cases where the property owner does not desire to proceed under the 1911 Improvement Act or other special assessment proceedings or where the property owner does not desire other financing, and yet provide equitable pro-ration of cost within a reasonable period of time among the parcels of real property benefited. Proceedings under this section for the original contributors are purely voluntary, but are compulsory when sewer connections are made by the properties benefited for which there was no initial contribution.

(Prior code §37.52)

There is hereby established and created a special trust fund in the Office of the City Treasurer which shall be known and designated as "Public Sewer Extension and Connection Trust Fund."

(Prior code §37.53)

Owners of real property within the City desiring to have the City sewer system extended in accordance with the provisions of this chapter shall make written application therefor to the Public Works Department, which application shall be accompanied by the following:

A. Completed plans and specifications and proposal agreement for the construction of such sewer prepared by a registered civil engineer.

B. A map showing the sewer extension and all properties directly benefited by the sewer extension. Those properties which can connect thereto with a side sewer not exceeding 225 feet in length, and which cannot be more readily served with other existing sewers, shall be considered as benefiting properties within the meaning of this chapter.

C. A deposit equal to the total cost of the sewer extension as estimated by the Public Works Director plus the estimated cost of plan checking, processing and inspection.

D. A letter of participation, signed by the applicant and any other contributors to the project, which shall give a description of all properties benefited by the sewer extension that are contributing to the cost of constructing the sewer.

(Prior code §37.54)

The Public Works Department after receiving the application, plans, specifications, proposal agreement and map, deposit and letter of participation required by Section 14.52.030 and after approving such plans, specifications, proposal agreement and application, shall submit a written report to the City Administrator concerning the feasibility and practicality of the proposed sewer extension, and the estimated cost of the project including all incidental expenses. Upon receipt of the report from the Public Works Director, the City Administrator shall make his or her recommendations to the City Council for its consideration. The City Council shall fix a date upon which it shall hold a hearing to determine whether or not the application submitted pursuant to Section 14.52.030 shall be granted. The Public Works Director, prior to such hearing, shall notify each owner of property which would be benefited by the sewer extension that application has been filed to extend the sewer under the provisions of this chapter and shall notify each, of the date and time of such hearing. If the City Council approves such sewer extension application, an appropriate resolution shall be adopted authorizing the construction of such extension, to be financed from the money deposited by the applicant pursuant to Section 14.52.030. If the City Council does not approve the sewer extension application, the total deposit made by the applicant shall be returned to the applicant. The City Council shall authorize the City Administrator to advertise for sealed proposals to be opened before the City Council for extension work authorized pursuant to Section 14.52.030. The contract for the construction of the sewer extension shall be left to the lowest responsible bidder subject to the approval of the City Council.

(Prior code §37.55)

Upon completion and acceptance of a sewer extension applied for under this chapter by the City Council, the Public Works Department shall prepare a cost distribution determination which shall include the final costs of such sewer construction and the pro-rated distribution of that cost to the various parcels of property benefited by the same. Such distribution of costs shall be made either on the basis of area or building sites or both, as may be determined by the Public Works Director to be the most equitable method. Upon completion of the cost distribution schedule, the Public Works Director shall submit a report to the City Administrator for his or her approval and recommendation to the City Council. If the City Council approves the proposed cost distribution, the Public Works Director shall prepare a written statement to be sent to the applicant for a sewer extension under this chapter which shall include the amount of the original deposit, the final costs of the sewer construction, the cost of plan checking, processing and inspection, the cost distribution, and any excess or deficiency in the original deposit, and shall deliver such statement together with any excess money or with a demand for payment of any deficiency to such applicant.

(Prior code §37.56)

Upon approval of the cost distribution schedule required by Section 14.52.050 by the City Council, the Public Works Department shall record upon the map required by Section 14.52.050 showing the properties benefiting from the sewer extension, all properties which participated in the cost of the relative sewer extension, and the pro-rated cost distribution to each property benefited thereby and shall file with the City Clerk, City Treasurer and the Public Works Director a copy of such map together with a written statement which shall include the final cost distribution schedule described in Section 14.52.030.

(Prior code §37.58)

Whenever the sewer system of the City has been extended in accordance with the provisions of this chapter, any owner of property benefited as shown on the map described in Section 14.52.030, or his or her successor in interest, who has not previously contributed his or her proportionate share of the cost of the sewer extension to the amount set forth in the approved cost distribution schedule mentioned in Section 14.52.050 shall not be permitted to connect with such sewer until he or she shall have paid into the Public Sewer Extension Trust Fund the amount in cash due by him or her as recorded on such map. All such payments shall be in addition to all permit fees required by this title and all other effective City ordinances.

(Prior code §37.59)

Any property owner in any public sewer extension district created under this chapter who has, previous to installation of the relative sewer extension, constructed a private sewer line to or for his or her property, at his or her own expense, shall not be required to contribute to the cost of such public sewer extension, except where such property derives increased benefits therefrom as shall be determined by the Public Works Director and as approved by the Council in the resolution granting the sewer extension application. Such property owner shall pay the amount so determined before connecting his or her property to the public sewer extension.

(Prior code §37.60)

Periodically, but not more than twice a year, the City Treasurer shall pay and refund out of the Public Sewer Extension and Connection Trust Fund to the person originally paying for the sewer, or his or her heirs or assigns, his or her proportionate share of the money paid into such Trust Fund by subsequent property owners who did not participate in the original cost and who were given permits to connect to the extended sewer and who paid as provided in the approved cost distribution schedule referred to in Section 14.52.050. Payments under this section by the City shall be made to the person originally paying for such sewer at his or her address appearing in the records of the Public Works Department, and shall constitute a discharge of its duty hereunder to pay as to all sums so paid unless the City shall have received and consented to an assignment of such right to another which shall set forth the assignee's name and payment address.

(Prior code §37.61)

Any claim by a property owner contributing under this chapter or his or her assignee for a refund which is payable out of the Public Sewer Extension and Connection Trust Fund shall be made within a period of 20 years from the date of the original contribution. All moneys remaining in the Fund after such 20 years shall have elapsed from the time of its deposit shall forthwith be deposited into the General Fund of the City.

(Prior code §37.62)

A. Whenever due to economic impossibility, unique hardship, or special or insurmountable circumstances shall operate to prevent an otherwise feasible and approved sewer extension project, City may temporarily advance funds toward any project provided that the amount of such temporary contributions shall not exceed 20% of the engineer's estimate for the project, and further provided that the City shall participate first in proceeds received by the City from persons connecting benefiting lots who have not contributed their proportionate share according to the approved cost distribution.

B. If a temporary contribution has been advanced by the City hereunder, all sums received from later connections by benefited property owners who have not heretofore paid shall be paid into the General Fund of the City until the City's contribution has been repaid in full, and thereafter such sums shall be paid into the Sewer Extension Trust Fund as provided in Section 14.52.080 and shall be disbursed in accordance with Section 14.52.100.

(Prior code §24.1, 1956; Ord. 2606 §1, 1957)