Santa Paula Municipal Code Ch. 51 Sewer System and Wastewater Disposal

Section

Construction of Sewers

Sewer Connections

Wastewater Disposal

Part 1. General Provisions

Part 2. Administration of System

Part 3. Wastewater Discharged Into City Sewer System

Part 4. Pretreatment Requirements

Part 5. Industrial Wastewater Discharge Permit System

Part 6. Industrial Wastewater Monitoring and Reporting

Part 7. Fees, Charges and Computations

Part 8. Special Restrictions as to Discharges with Mineral Content Exceeding that of Water Supply

Part 9. Enforcement

CONSTRUCTION OF SEWERS

(A) Among other things, this chapter provides a legal framework for financing sewer construction in cases in which the property owner does not desire to proceed under the Improvement Act of 1911, Cal. Streets & Highways Code §§ 5000 et seq., or where the property owner does not desire other financing, and provides equitable prorating of cost within a reasonable period of time among the parcels of real property benefitted.

(B) Proceedings under this chapter for the original contributors are purely voluntary, but are compulsory when sewer connections are made to the properties benefitted for which there was no initial contribution.

(Ord. 1093, passed 2-17-04)

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

(Ord. 1093, passed 2-17-04)

(A) Required. Owners of real property within the city desiring to have the city sewer system extended in accordance with the provisions of this chapter must apply to the Public Works Director for the extensions.

(B) Plans, map, deposit and letter to accompany. Applications for sewer system extensions must be accompanied by the following:

(1) Completed plans and specifications and proposal agreement for the construction of the sewer prepared by a registered civil engineer;

(2) A map showing the sewer extension and all properties directly benefitted 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, must be considered as benefitting properties;

(3) A total deposit in an amount 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; and

(4) A letter of participation, signed by the applicant and any other contributors to the project, which gives a description of all property benefitted by the sewer extension that are contributing to the cost of constructing the sewer.

(C) Processing.

(1) The Public Works Director, after receiving the application, plans, specifications, proposal agreement, map, deposit and letter of participation, and after approving the plans, specifications, proposal agreement and application, must submit a written report to the City Manager concerning the feasibility and practicality of the proposed sewer extension, and the estimated cost of the project, including all incidental expenses. Upon receiving report from the Public Works Director, the City Manager must make recommendations to the Council for its consideration.

(2) The Public Works Director, before the hearing by the Council, must notify each and every owner of property to be benefitted by the sewer extension that an application was filed to extend the sewer under the provisions of this chapter and must notify each of the time and date of the hearing. If the Council approves the sewer extension application, an appropriate resolution must be adopted authorizing the construction of the sewer extension to be financed from the money deposited by the applicant. If the Council does not approve the sewer extension application, the total deposit made by the applicant must be returned to the applicant.

(Ord. 1093, passed 2-17-04)

(A) Upon completion and acceptance of the sewer extension by the Council, the Public Works Director must prepare a cost distribution, which includes the final costs of the sewer construction, and the prorated distribution of that cost to the various parcels of property benefitted by the sewer extension. The distribution of costs must 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, the Public Works Director must submit a report to the City Manager for approval and recommendation to the Council. If the Council approves the cost distribution, the Public Works Director must prepare a written statement to be sent to the applicant, which includes 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 must deliver the statement together with any excess money or demand for deficiency to the applicant.

(B) The actual cost of plan checking, processing and inspection means the cost of the salary of the employee performing the necessary checking, processing or inspection, plus a 15% administrative fee.

(Ord. 1093, passed 2-17-04)

(A) If the final cost of the sewer extension is less than the amount of the deposit, the excess of money deposited with the city must be refunded to the applicant.

(B) If the final cost exceeds the amount of the cash deposit, the applicant, upon notice and demand, must forthwith pay to the city the amount of the deficiency of the cash deposit.

(Ord. 1093, passed 2-17-04)

Upon approval of the cost distribution by the Council, the Public Works Director must record upon the map showing the properties benefitting from the sewer extension, all properties which participated in the cost of the sewer extension and the prorated cost distribution to each benefitted property, and file with the City Clerk a copy of the map, together with a written statement, which includes the final cost and cost distribution.

(Ord. 1093, passed 2-17-04)

(A) Whenever the sewer system of the city is extended in accordance with the provisions of this chapter, those owners of property benefitted by the extension, or their successors in interest, who have not previously contributed their proportionate share of the cost of the sewer extension to the amount set forth in the approved cost distribution are prohibited from connecting with the sewer, until they have paid into the Public Sewer Extension and Connection Trust Fund the amount in cash as recorded on the benefit map.

(B) All payments must be in addition to all other fees required by this code and applicable law.

(Ord. 1093, passed 2-17-04)

(A) Any property owner in a public sewer extension district who, before sewer extension, constructed a private sewer line to or from the property owner's property, at the property owner's own expense, is not required to contribute to the cost of the public sewer extension, except where the property derives increased benefits as determined by the Public Works Director and approved by the Council in the resolution granting the sewer extension application.

(B) The property owner must pay the amount so determined before connecting the property owner's property to the public sewer extension.

(Ord. 1093, passed 2-17-04)

Refunds to original contributors to extensions.

(A) Periodically, but not more than twice a year, the City Treasurer must pay and refund out of the Public Sewer Extension and Connection Trust Fund to the person originally paying for the sewer, or the property owner's heirs and assigns, the property owner's proportionate share of the money paid into the 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.

(B) Payments under this section by the city must be made to the person originally paying for the sewer at the property owner's address appearing in the records of the engineering office, and must constitute a discharge of its duty under this chapter to pay as to all sums so paid, unless the city has received and consented to an assignment of the right to another, giving assignee's name and payment address.

(Ord. 1093, passed 2-17-04)

(A) Any claim by a contributing property owner or the assignee thereof for a refund which is payable out of the Public Sewer Extension and Connection Trust Fund must be made within a period of ten years from the date of the original contribution.

(B) All monies remaining in the fund after ten years may be escheated into the general fund of the city.

(Ord. 1093, passed 2-17-04)

SEWER CONNECTIONS

All sewer connections must be made pursuant to this chapter.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

Sewer connections and extensions must be properly designed and constructed. The Director is authorized and empowered to adopt rules, regulations and standards as may be necessary to provide for the proper design and construction of improvements to the sewer system. The publication entitled "Standard Specifications for Public Works Construction," latest edition, as published by Building News, Inc., is the basis for standards adopted.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

A connection fee must be paid to cover the cost of a fair and proportionate share of those facilities such as intercepting sewers, sewage treatment plants and similar facilities that are in place and which will benefit the property to be connected. The connection fee will be in an amount established by the City Council.

(Ord. 1093, passed 2-17-04)

(A) The sewer annexation fee for real property annexed to the city after May 20, 1964 and before December 31, 1977, or filed for annexation before December 31, 1977 and subsequently annexed to the city, and otherwise entitled to be connected to the public sewer, and for which a sewer annexation fee has not been paid, is the sum of $1,025 per gross acre, provided that the fee is paid on or before June 30, 1981. After June 30, 1981, the sewer annexation fee must be as described in divisions (B), (C) or (D) of this section and must be paid before connection to the public sewer.

(B) Except as provided in divisions (C) and (D) of this section, the sewer annexation fee for real property to be annexed to the city, and otherwise entitled to be connected to the public sewer, and for which a sewer annexation fee has not been paid, will be an amount established by the City Council, payable before completion of annexation.

(C) The sewer annexation fee for real property to be annexed to the city and to be located within the Hillside Planned Development Zone, and otherwise entitled to be connected to the public sewer and for which a sewer annexation fee has not been paid, must be an amount established by the City Council, payable before completion of annexation.

(D) The sewer annexation fee for real property to be annexed to the city and to be located in any zone other than the Hillside Planned Development Zone and for which a residential development is proposed, and otherwise entitled to be connected to the public sewer, and for which a sewer connection fee has not been paid, will be an amount established by the City Council, provided that the fee is paid before completion of annexation and the lesser fee must be refunded by the city to the person who originally paid the fee upon completion of the residential development, provided the development is completed and a request for the refund is filed with the city upon completion and within five years of the date of annexation to the city. In the event the development constructed is different from that proposed before annexation, or all or a portion of the land annexed to the city remains undeveloped or is developed to nonresidential use, the sewer annexation fee must be re-computed based upon the actual development before payment of any refund. The re-computed sewer annexation fee for vacant land or for land developed to nonresidential use must be an amount established by the City Council per gross acre of land annexed including a pro rata share of the area of any public street dedicated to the city after annexation for which an annexation fee was paid. The residential development, for which the lesser fee is paid, must be such that, in the opinion of the City Council, future additional development is unlikely.

(E) The owners of real property which is to be annexed to the city, and for which a sewer annexation fee is required, and for which sewage collection service is not available as determined by the City Council, may at the property owner's option, pay the sewer annexation fee in effect at any time at or before the time sewage collection service becomes available and connection is to be made to the public sewer, in which event the fee must be paid before connection to the public sewer.

(Ord. 1093, passed 2-17-04)

(A) In addition to the connection fee and the annexation fee, an applicant requesting sewer service to real property which is not adjacent to a public sewer must install a sewer main extension or extensions in public streets, alleys or sewer easements acceptable to the City Council.

(B) All sewer main extensions must conform to plans and specifications adopted by the City Council.

(C) Each sewer main extension must be constructed at the sole cost of the applicant.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

(A) Nothing in this chapter conveys title to the city until the time as the City Council accepts the property or completed improvement by resolution.

(B) Upon acceptance thereof, all work and materials becomes the city's property, subject, however, to the right of the applicant to receive a refund.

(Ord. 1093, passed 2-17-04)

(A) The City Council may determine that subsequently filed applications for annexation and the use of the extension sewers may be granted upon condition that a proportionate share of the cost of existing sewer extensions is borne by each subsequent applicant.

(B) The City Council must determine the amount to be paid by the applicant for the use of each sewer extension and the amount so collected must be paid to the applicant first installing the sewer extension or extensions as partial reimbursement of the cost of the installation.

(C) Each applicant so constructing a sewer extension and requesting reimbursement on a proportionate basis by subsequent applicants must file with the City Engineer a complete and detailed cost statement of the cost of the subject sewer extension in a form acceptable to the City Engineer so as to permit an equitable proportionate cost determination for subsequent applicants.

(D) The right to receive such refund will cease and terminate within a period established by the City Council but in no case, greater than ten years from and after the date of acceptance of each sewer extension by the city.

(Ord. 1093, passed 2-17-04)

WASTEWATER DISPOSAL