Solvang Municipal Code Art. D Permits and Permit Fees

A. Required. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance or perform any work on any sewer or drainage system without first obtaining a written permit from the city.

B. Application. Any person entitled to apply for and receive a permit shall make such application on forms provided by the city for that purpose. They shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The city may require plans, specifications or drawings and such other information as may be deemed necessary.

If the city determines that the plans, specifications, drawings, descriptions or information furnished by the applicant are in compliance with this code, it shall issue the permit applied for upon payment of the required fees as hereinafter fixed.

C. Compliance. After approval of the application, evidenced by the issuance of a permit, no change shall be made in the location of the sewer, the grade, materials or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued except with written permission from the city, or the city inspector.

D. Time Limit. If work under a permit is not commenced within 60 days from the date of its issuance or if after partial completion the work is discontinued for a period of 90 days, the permit shall thereupon become void and no further work shall be done until a new permit shall have been secured. A new fee shall be paid upon the issuance of said new permit.

(Ord. 16-318, 2016)

A. Outside Sewers. Permission shall not be granted to connect to the sewer system any lot or parcel of land outside the city unless a permit therefor is obtained. The applicant shall first enter into a contract in writing whereby they shall bind themselves, their heirs, successors and assigns to abide by this code in regard to the manner in which such sewer shall be used, the manner of connecting therewith and drainage in connection therewith and also shall agree to pay in advance all fees required for securing the permit and a monthly or annual fee in the amount set by the city for the privilege of using such sewer. The granting of such permission in any event shall be discretionary.

B. Street Excavations. A separate encroachment permit must be secured from the city, state, county or any other entity having jurisdiction by owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections.

(Ord. 16-318, 2016)

A. General. The applicant's signature on an application for any permit as set forth in section 9-2D-4 of this article shall constitute an agreement to comply with all of the provisions, terms and requirements of this code, and with the plans and specifications they have filed with their application, if any, together with such corrections or modifications as may be made or permitted by the city, if any. Such agreement shall be binding upon the applicant and may be altered only by the city upon the written request for the alteration from the applicant.

B. Special Outside Agreements. Where special conditions exist relating to an outside sewer, they shall be the subject of a special contract between the applicant and the city.

(Ord. 16-318, 2016)

There shall be three classes of permits, as follows:

A. Single-family residential building sewer permit.

B. Multifamily residential, commercial or industrial building sewer permit.

C. Public sewer construction permit.

(Ord. 16-318, 2016)

A. Property Owner to Pay Proportionate Share.

1. In addition to all other charges established by this code, there shall be collected, prior to connection to the sanitary sewage system of the city, special connection charges for any real property that can be served by an existing sewer house service or lateral or sanitary sewerage facility of the city constructed by and at the expense of the city for which said real property did not pay its proportionate cost of installation.

2. Said special connection charge shall be collected in a sum to be computed by the city as said real property's share of the cost of said installation. Said sum to be fixed by the city shall be fixed on the basis of the actual cost of the installation of said facilities, including all expenses incidental thereto and all engineering, legal, inspection, administration and other charges, and estimating the number of acres in the area to be served by said installation in order that a pro rata share of said cost be fixed for each acre or portion thereof, within said area.

B. Determination of Applicable Special Connection Fee. The city inspector shall determine, in their judgment, the applicable special connection fee to be charged for a particular connection. The ruling of the city inspector shall be final unless appealed in writing to the city council within five days of notification of the fee to be charged.

(Ord. 16-318, 2016)

A. Fees. A connection charge, as fixed by section 9-2E-1 of this chapter shall be paid to the city by the person desiring connection to the city’s sewer system.

1. A fee in an amount established by resolution of city council shall be paid to the city for issuing a permit to connect to a public sewer and inspecting each sewer installation.

2. A fee in an amount established by resolution of city council shall be paid for issuing a permit to install a lateral and connect to a public sewer.

B. Bonds. Contractors constructing laterals shall be bonded as required by this subsection. Prior to the issuance of a permit for public sewer construction the applicant shall furnish to the city a faithful performance bond or cash in the amount of the total estimated cost of the work, or other approved surety at the option of the city council, said bond to be secured by a surety satisfactory to the city. The cash deposit or faithful performance bond shall be conditioned upon the performance of the terms and conditions of the permit and shall guarantee the correction of faulty workmanship and the replacement of defective materials for a period of one year after the date of acceptance of the work. Cost of plans and engineering shall be the responsibility of the property owner. This subsection does not apply to contractors who have provided the undertaking required by subsection 9-2D-3(B) of this article.

(Ord. 16-318, 2016; Ord. 23-0373, § 37)

A. Inspections. All sewer construction work shall be inspected and approved by the city inspector to ensure compliance with all requirements of the city. No sewer shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected to any public sewer until the work covered by the permit has been completed, inspected and approved by the city inspector. Upon approval, the city inspector shall issue a written statement of satisfactory completion.

B. Notification. It shall be the duty of the person doing the work authorized by permit to notify the city inspector in writing that said work is ready for inspection. Such notification shall be given not less than 24 hours before the work is to be inspected. It shall be the duty of the person doing the work to make sure that the work will withstand the tests required by the city before giving the above notification.

C. Condemned Work. When any work has been inspected and the work condemned and no written statement of satisfactory completion given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with this code.

D. Costs Paid by Owner. All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the work.

(Ord. 16-318, 2016)

As a condition precedent to the issuance of any permit under this title, the applicant shall agree to hold the city harmless against all liability and defend the city against all claims, actions and litigation arising out of any work performed by applicant or by applicant's duly authorized representatives with respect to any permit issued under this title.

(Ord. 16-318, 2016)

Article E. Sewer Rates and Charges

A. Fee Established. In addition to all other charges of the city, there shall be charged and collected with respect to all connections to the city wastewater conveyance and treatment system, a wastewater connection and user fee. As used in this section, the term "city wastewater conveyance and treatment system" shall be synonymous with the term "city sewer system" and shall refer to all facilities maintained by the city for the purpose of transporting, treating and disposing of sewage and wastewater.

B. Fee Calculation. The fee shall be determined in the following manner:

1. There shall be allocated to each premises connected to the city wastewater conveyance and treatment system a fee as set by city council resolution based on the following water meter classes:

2. Except as otherwise specifically provided herein, all wastewater connection and user fees imposed by this section shall be collected prior to connection of any lateral sewer to the city wastewater conveyance and treatment system. Except as otherwise herein provided, no such connection shall be made or maintained by any person without prior payment of all fees imposed by this section.

3. In the case of residential dwelling units, hotels/motels and specific commercial enterprises, should any additional dwelling, hotel/motel, or commercial unit be constructed, placed into service or installed upon the premises served by the connection subsequent to the imposition of the wastewater connection and user fee, and should such unit not have been included in the determination of the applicable wastewater connection and user fee payable at the time of the initial connection to the city wastewater conveyance and treatment system, an additional connection and user fee shall be imposed and collected with respect to each such unit, the charge to be determined by the size of the water meter connection or equivalency.

(Ord. 16-318, 2016)

A. Service Inside City. In addition to all other charges imposed by the city, there shall be imposed and collected with respect to each premises connected to the city sewer system for sewage service furnished by the city a charge as established in subsection C of this section.

B. Service Outside City. In addition to all other sewer charges, for sewage service provided by the city to property located outside of the legal boundaries of the city, there shall be imposed and collected a charge as established by city council resolution and shall be 150% of those charges established for service inside the city.

C. Service Charges. As provided for in this section, a monthly sewer service charge shall be imposed on all premises connected to the city wastewater conveyance and treatment system. A flat rate shall apply to all residential users, but commercial users shall be charged on the basis of water consumption and wastewater strength. The wastewater strength factors used to determine commercial rates are based on the state water resource control board's revenue program guidelines.

The base rate per dwelling unit shall be the minimum monthly charge for all users and shall be set by city council resolution. Commercial and industrial users shall be charged a quantity rate per 100 cubic feet of water consumption and shall be either domestic strength or high strength and shall be set by city council resolution.

D. Cost Increases. It is hereby declared to be the policy of the city council to adjust the foregoing sewer service charges to reflect future increases in the cost of living and the cost of sewer treatment services furnished by the city. Consequently, sewer service charges shall automatically be increased by the inflation rate published in the "Consumers Price Index, U.S. Cities Average" not to exceed 5% annually through 2016.

(Ord. 16-318, 2016)

A. On Application. The owner or occupant of any premises who, by reason of special circumstances, finds that the rates imposed by this article are unjust or inequitable as applied to their premises, may make written application to the city council stating the circumstances and requesting a different basis of charges for sewer services to their premises. If such application be approved, the city council may by resolution fix and establish fair and equitable rates for such premises to be effective as of the date of such application and continuing during the period of such special circumstances.

B. On Own Motion. The city council may, on its own motion, find that by reason of special circumstances, the rates imposed by this article are unjust and inequitable as applied to particular premises and may, by resolution, fix and establish fair and equitable charges for such premises during the period of such special circumstances, or any part thereof.

(Ord. 16-318, 2016)

A. Billing Period. The regular billing period will be monthly, and only one statement covering water and sewer service charges shall be rendered for each service account.

B. Opening and Closing Statements. Opening and closing statements for less than the normal billing period shall be prorated. Closing statements may be estimated for the final period for purposes of expediency to permit the customer to pay the closing statement at the time service is discontinued.

C. Payment of Statements. Statements for water and sewer service shall be rendered at the end of each billing period. Statements shall be payable upon presentation. If this statement is not paid on or before the twenty-fifth (25th) day of the month following the month service is rendered it will be delinquent and a penalty will be charged, service may be discontinued, and a reconnection charge and penalties, if applicable, will be made and collected prior to renewing service following a discontinuance.

D. Tax Bill Collection. In the event any charges for water or sewer service remain unpaid at the time specified for fixing the tax rate of the city, if the property is owned, controlled or in the possession of the same person who owned, controlled or was in possession of it during the time such charges were incurred, or if the only transfer made of the property since the date such charges were incurred have been transferred by gift, descent or devise, the amount due for such charges may be added to and become a part of the annual taxes levied against the land served by the city facilities. Such charges so added shall constitute a lien on said land. If the taxes are divided and made payable in two installments, the unpaid charges may be added to and become a part of the first installment. The city council shall include in the statement of tax rate transmitted to the authorities the amount of such charges to be levied against the land served, and such charges shall be included in the tax bill.

(Ord. 16-318, 2016)

All users of the sewer system shall be deemed to have contracted with the city for the services of such system and shall be deemed to have agreed to comply with all provisions of this code. No payment of water charges shall be accepted without payment of the sewer service charges. The city shall discontinue water service to any premises for which the sewer service charges are in arrears and any such discontinuance of water service shall be in accordance with section 9-3C-5.

A. Premises Using Both Sewer and Water. When premises are served by the city water system, sewer service charges shall be collected together with and not separately from the charges for water services rendered by the city, and all sewer and water charges shall be billed upon the same bill to the account established pursuant to section 9-3A1-1 and collected as one item. Consistent with section 9-3A1-1, the account for sewer services shall be held by the owner of the property and the owner of the property shall be fully responsible and liable for payment of all sewer charges, and any delinquent sewer service charges, and any penalties applicable to his or her property.

B. Premises Using Only Sewer. Where the user of the sewer system is not also a user of the city water system, the user shall be billed separately for sewer service charges. Sewer service to a user of the sewer system who shall fail to pay sewer charges for his or her premises before they become delinquent shall be disconnected. The city inspector shall estimate the cost of disconnection from and reconnection to the system, and such user shall deposit the cost as estimated of disconnection and reconnection before such user is reconnected to the system. In the event such arrearages are paid, and the user is reconnected to the system, the City inspector shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection.

(Ord. 16-318, 2016; Ord. No. 24-0375, 6/10/2024)

A. Past Due—Penalty. All statements not paid on or before the 25th day of the month following the month service is rendered shall be delinquent and a penalty of 10% of the bill or amount due plus interest at the rate of 1% per month shall accrue for the period of said nonpayment, and shall be collected as a part of the principal amount thereof.

B. Suit and Collections. All unpaid rates and charges and penalties herein provided may be collected by suit. Defendant shall pay all costs of suit, including attorney fees, in any judgment rendered in favor of city. In any such action, the delinquent balances may also be collected through a collection agency.

C. Violation. In addition to all other remedies provided by law, any person found to be in violation of any provision of this title, except section 9-2A-8 of this chapter, shall be served by the city inspector or other authorized person with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall not be less than two nor more than 10 working days. The offender shall, within the period of time stated in such notice, permanently cease all violations set forth in the notice.

(Ord. 16-318, 2016; Ord. No. 24-0375, 6/10/2024)

As an alternative method of enforcing the provisions of this title, the city inspector shall have the power to disconnect the user of sewer system from the sewer mains of the city. Upon disconnection, the city inspector shall estimate the cost of disconnection from and reconnection to the system, and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The city inspector shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection.

(Ord. 16-318, 2016)

A. Declared. Continued habitation of any building or continued operation of any commercial or industrial facility in violation of the provisions of this title or any other applicable rule or regulation of the city is hereby declared to be a public nuisance. The city may cause proceedings to be brought for the abatement of the occupancy of the building, or commercial or industrial facility during the period of such violation.

B. Abatement. During any period of disconnection pursuant to section 9-2E-7 of this article, habitation of any premises by human beings shall constitute a public nuisance, whereupon the city shall cause proceedings to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there shall be paid to the city reasonable attorney fees and costs of suit arising in said action.

(Ord. 16-318, 2016)

A. Means of Enforcement. The procedures set forth in sections 9-2E-6(C), 9-2E-7 and 9-2E-8 of this article are established as a means of enforcement of the terms and conditions of this chapter and not as a penalty.

B. Liability. Any person violating any of the provisions of this chapter shall be liable to the city for any expense, loss or damage occasioned by such violation.

(Ord. 16-318, 2016)