Sierra Madre Municipal Code Ch. 13.08 Sewer System

For the purposes of this chapter, the words set forth in this section shall have the following meanings:

"City" means the city of Sierra Madre.

"Premises" means a lot, parcel of land, building or establishment.

"Sewage" means a combination of liquid of water-carried human waste conducted away from residences, business buildings, and institutions, which is known as domestic sewage, together with the liquid or water-carried waste resulting from a manufacturing process employed in industrial establishments, including the washing, cleaning or drain water from such process, which is known as industrial waste.

"Superintendent" means the city engineer or any one delegated by him/her or by the city council to the performance of duties as specified in this chapter.

"User" means sewage disposers.

(Prior code § 7306 (part))

The city shall adopt a schedule of sewer rates pursuant to Article XIID, Section 6 of the California Constitution.

(Ord. 1088 § 7, 1992: prior code § 7307)

(Ord. No. 1351, § 1, 2-11-14)

Editor's note— Section 1 of Ord. No. 1351, adopted Feb. 11, 2014, changed the title of § 13.08.020 from "Sewage charges" to "Sewer rates."

A. All sewer service charges shall become due and payable to and at the office of the water collector on the same date that the water bill, on which the sewer service charge is included, becomes due and payable and shall become delinquent on the same date that said water bill becomes delinquent.

B. All bills for such charges shall be issued by the water collector.

1. In all cases where the premises in question is connected to the municipal water system, the sewer service charges shall be combined with bills or statements for water service rendered by the municipal system. The bills shall state their purpose (water and sewer service), shall give the name and last known address of the person responsible for payment (as herein provided), and shall list separately the charge for water service and the charge for sewer service and the total charge for both services. Neither charge may be paid separately from the other;

2. If a premises with sewer service is not connected with the municipal water system, a separate bill shall be rendered for sewer service only;

3. All of the provisions of Chapter 13.04, the amendments thereto, appertaining to (a) collection of fees; (b) penalties; and (c) enforcement of charges for water service shall apply to such sewer service charges.

(Prior code § 7308)

All monthly sewer service charges shall be billed to the following persons:

A. In the case of any person whose premises is connected with the municipal water system, then to the person who requested such connection to the municipal water system or his/her successor in interest, or to any person requesting that such bill be charged to him/her; or

B. In the case of any person whose premises is not connected to the municipal water system, then to the person who requested the connection to the municipal sewer system or his/her successor in interest, or if no such request was made, then to the owner of record of such premises on the date on which such premises is required to connect to the municipal sewer system, or to the successor in interest to such person, or to any person requesting that such bill be charged to him/her.

(Prior code § 7309)

The water superintendent and the water collector are charged with the enforcement of all of the provisions of this chapter. The chief of police and all police officers of the city shall be deputies of the water superintendent and the water collector for such purposes.

A. In the event of a violation of any items of this chapter, or any rule or regulation established pursuant hereto, the water superintendent or the water collector, in writing, shall notify the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon the failure or such person to prevent or rectify the violation) the water superintendent will exercise his/her authority to disconnect the premises from the municipal water system and/or the municipal sewer system; provided, that such time shall not be less than five days after the deposit of such notice in the United States Post Office at Sierra Madre, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the water superintendent may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of things done and the amounts expended in so doing shall be a charge upon the person so in violation.

B. Upon failure of any person billed or the owner of a premises to pay any sewer service charge prior to deliquence, any one or more of the following actions may, or where required must, be taken by the city or city officials to enforce such payment, subject to the provisions of subsection A of this section.

1. Each sewer service charge levied by or pursuant to this chapter on any premises within the city limits of the city is made a lien upon such premises and any steps authorized by law may be taken by the city to enforce payment of such lien;

2. In each case where any bill for both water service and sewer service remains unpaid for thirty days after such bill becomes delinquent, the water superintendent, upon notification of such delinquency by the water collector, shall disconnect the premises from the municipal water system, and he/she may also disconnect the premises from the municipal sewer system. Whenever a premises has been disconnected from either the municipal water system or the municipal sewer system for nonpayment of water or sewer service charges, such premises shall not be reconnected to either the municipal water system or to the municipal sewer system until all delinquent charges and penalties have been paid, together with such reasonable charges for reconnection as may be ordered from time to time by the city council by resolution duly adopted.

(Prior code § 7310)

If premises with sewer service is not connected with the municipal water system, a separate bill shall be rendered for sewer service only. The time and manner of billing for services on premises not served with city water shall be as determined by the administrative officer; notwithstanding the foregoing, the administrative officer shall have the power to authorize or require payment to be made on a monthly basis if he/she is of the opinion that such a procedure is in the best interests of the city.

(Prior code § 7311)

A. Sewer Lateral Connection Charges—General. Any person desiring to connect to the city sewer system shall apply for a permit at the time and before he/she shall connect his/her property to any city sewer system, and he/she shall first pay to the city a connection charge as follows:

1. The charge shall be:

a. Established by resolution of the city council for each front foot of the property abutting the street in which the public sewer is located, if the sewer lateral has already been placed between the main line sewer and the property line, or

b. Established by resolution of the city council for each front foot of the property abutting the street in which the public sewer is located, where the sewer lateral has not been placed between the main line sewer and the property line.

The amount derived from this connection charge shall be placed in the sewer fund and shall be used only for the acquisition, construction, reconstruction, maintenance and operation of sanitation or sewerage facilities, to repay principal and interest on bonds issued for the construction and reconstruction of such sewerage facilities, and to repay federal or state loans or advances made for the construction or reconstruction of sewerage facilities, provided, however, that such revenue shall not be used for the acquisition of construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers.

B. Sewer Lateral Connection Charges. In the event of a division involving land designated in Section 13.08.010, the subdivider as a condition of approval of his/her subdivision shall be required to construct adequate sewer facilities or to pay (or by satisfactory surety bonds made provision for the payment of) the charges imposed under this section.

C. The charges required by this section shall not apply to connections to sewers installed by assessment districts and as to which the applicant's premises were included for assessment.

D. Special Charges and Reimbursements. Whenever the city council, by resolution, determines that is necessary that sanitary sewers be constructed which may not be used for the benefit of property not included within a subdivision, the city council may provide special sewer connection charges applicable to those parcels which will be served by the sewer serving the subdivision. The council may also provide for reimbursement to the subdivider of the costs of constructing the portions of the sewer system which will benefit parcels outside the subdivision.

(Ord. 1088 § 8, 1992: Ord. 1084 § 1 (part), 1992; prior code § 7312)

The funds received from the collection of the charges or rentals authorized by this chapter shall be deposited with the city treasurer and shall be accounted for and known as the "sewer fund," and when appropriated by the city council shall be available for the payment of the interest on any or all bonds issued and outstanding or which may be issued for sanitary and sewage facilities and to retire such bonds when they become due and the payment of the cost and expense of acquisition, construction, maintenance, and repair of the city sewerage system, treatment and disposal works and extensions and improvements thereto, and as otherwise set forth in Section 5471 of the Health and Safety Code of the State of California.

(Prior code § 7313)