Sutter Creek Municipal Code Ch. 14.04 Use of Sewer System

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State Law reference— For the statutory provisions prohibiting nuisances arising from sewer wastes, see Health and Safety Code §§5410—5416; for provisions authorizing cities to construct and maintain drains and sewers, see Gov. Code §38900.

When used in this chapter, the following words shall have the meanings herein ascribed to them:

A. The foreman of the maintenance department of the city shall be the superintendent of sewers.

B. "Sewer" or "public sewer" as used in this chapter means sanitary and not stormwater drains.

C. "Superintendent" when used herein, refers to the superintendent of sewers.

(Ord. 184 §1, 1975; Ord. 271 (part), 1993)

It is unlawful for the owner or lessee of any lot or parcel of land situated within the limits of the city, which lot or parcel has thereon a building or buildings equipped with any plumbing fixture or fixtures, to neglect, fail or refuse to have any such buildings connected with the city's sewer system so that the drainage from each and every such plumbing fixture shall flow into said sewer; provided, that there is such a sewer in the street, alley or right-of-way near such lot or parcel of land and not more than two hundred feet from such building or from the end of a sewer extending from such building.

(Ord. 184 §2, 1975; Ord. 271 (part), 1993)

It is unlawful for any person or persons to maintain on any property within the city any privy or water closet from which excrement falls into a vault or drains into a cesspool or septic tank, or to allow the drainage of any plumbing fixture situated in any building in the city to flow into a cesspool or septic tank; and the owner or owners or lessee or lessees of any lot or parcel of land within this city, upon which there is maintained a water closet or privy from which excrement falls into an open vault or septic tank, shall immediately cause such vault to be filled to the ground level with earth.

(Ord. 184 §3, 1975; Ord. 271 (part), 1993)

Any person desiring to make a connection to the sewer line of the city or to a private sewer line which connects with the sewer line of the city must first make an application with the city clerk and receive a permit therefor.

(Ord. 184 §4 (part), 1975; Ord. 271 (part), 1993)

A. Every new wastewater or sewage generating facility in the city shall be connected to the city sewer system, unless otherwise exempted in this chapter.

B. Every parcel controlled by one owner shall provide a service from that parcel to the city sewer line. The city shall not be responsible for any construction, repair or maintenance for any sewer line other than the city's sewer lines unless damaged by the city. The city sewer line shall either be on city property or on an easement which has been acquired by the city.

C. Each apartment in an apartment house, each separate housing unit in a townhouse or condominium, each mobile home within a mobile home park, shall be considered as a separate dwelling unit. The purpose of this subsection is to provide that in the event more than one dwelling unit is discharging waste through the same connection to the city sewer system, there shall be an additional connection and service fee for each such dwelling unit.

D. The fee for right of service paid to the city for each connection made to the city sewer line shall be determined from time to time by the city by resolution and is assessed for the privilege of using the city's sewer facilities.

(Ord. 184 §4 (part), 1975; Ord. 271 (part), 1993)

A. Connections shall be made by the owner at his sole cost and expense and only after approval of application for connection has been granted by the superintendent and the sum or sums required to be paid for connection to the city sewer line have been deposited with the city.

B. It shall be the responsibility of the property owner requesting a sewer connection to bring his sewer line to the property line adjacent to the city sewer main where the connection is to be made. Such line must be of a material and of type and size approved by the superintendent, a minimum four inches in diameter. The pipe shall be laid as required and directed by the superintendent and it shall not be used or covered until it is inspected by the superintendent and authorization given for covering.

C. Where there is no city sewer main adjacent to the property line, then it shall be the responsibility of the property owner to extend the sewer line to the city sewer main in accordance with city standards.

(Ord. 184 §4 (part), 1975; Ord. 271 (part), 1993)

Upon payment of the applicable Title 14 fees, the superintendent shall designate the location of any and all sewer connection sites before the necessary permits are issued, and all connections or changes in existing connections shall be inspected by the superintendent before the same are covered.

(Ord. 184 §4 (part), 1975; Ord. 271 (part), 1993)

Any person desiring an extension of the sewer main facilities of the city must make application to the city clerk requesting that the sewer main facilities be extended and shall file with the city clerk plans and specifications setting forth the manner in which the sewer main facilities are proposed to be constructed and extended. The sewer main facilities may be extended by the applicant upon approval by the city superintendent, and in accordance with any conditions required by the city upon the issuance of a permit.

(Ord. 184 §5(A), 1975; Ord. 271 (part), 1993)

In the event the city council determines that properties other than the property of the person constructing the sewer facilities shall benefit from the construction, the city may enter into an appropriate reimbursement agreement with the person constructing the sewer line. Said agreement may provide that the city may, at the city's option, endeavor to collect by way of connection charges and reimburse such person such portion of the construction costs of said sewer line facilities that the city determines is equitable and may be practicably collected from property owners thereafter connecting to said sewer line.

(Ord. 184 §5(B), 1975; Ord. 271 (part), 1993)

Any reimbursement agreement with the developer shall be authorized by the council in the same manner as other contracts. Such reimbursement agreement and the rights therein granted shall be assignable by the person constructing such sewer line in the first instance.

(Ord. 184 §5(C), 1975; Ord. 271 (part), 1993)

All rights for reimbursement under any reimbursement agreement shall terminate not later than the twentieth anniversary of the date of the agreement, and the city shall thereafter retain any fees charged for connection to the system.

(Ord. 184 §5(D), 1975; Ord. 271 (part), 1993)

The area to be benefited shall be determined by the city council and a map designating the area to be benefited shall be attached to all reimbursement agreements.

(Ord. 184 §5(E), 1975; Ord. 271 (part), 1993)

The determination of benefits may be based either on area, front-foot charges or any other method determined to be equitable by the city council. Appropriate allocations of construction costs shall be based upon the benefits to be derived from each parcel of property. The determinations of benefit and allocation of cost by the city council shall be final and conclusive.

(Ord. 184 §5(F), 1975; Ord. 271 (part), 1993)

There shall be a five percent deposit charge for plan check inspection, and administration costs and any and all costs incurred by the city, that is five percent deposit of the total cost of the extension. This shall be paid by the applicant prior to the time any work has been commenced on any extension to the sewer system.

(Ord. 184 §5(G), 1975; Ord. 271 (part), 1993)

All charges to be made pursuant to sections 14.04.080 through 14.04.160 of this chapter shall be in addition to any other fees or charges required by this chapter and shall be paid prior to acceptance by the city of any extension.

(Ord. 184 §5(H), 1975; Ord. 271 (part), 1993)

The applicant shall pay all of the initial costs of constructing an addition to the sewer line as required by this section. The parties within the area that will benefit from the addition to the sewer line shall pay their proportionate share of the cost prior to the issuance of a permit allowing connection to the extension of the sewer line.

(Ord. 184 §5(I), 1975; Ord. 271 (part), 1993)

If there be a request from any one or more persons or government agencies outside of the city to use the sewer system of the city, the city council shall consider each such request upon its own merits. Any determination made by the city council with respect to any requests shall in no way be binding upon the city with respect to any other requests.

(Ord. 184 §6(A), 1975; Ord. 271 (part), 1993)

If the city should allow any land outside of the city to connect to the sewer system of the city, then the following regulations shall apply:

A. The sewer lines connecting to the city sewer line shall be constructed by and at the expense of the person or persons requesting the sewer service.

B. Any sewer line constructed shall be constructed according to sound engineering practices and to the standards required by the city. The city council shall determine whether the construction is according to sound engineering practices and in conformity with requirements.

C. Any sewer line constructed pursuant to this chapter shall be of sufficient size to provide for future constructions and shall be properly engineered to permit minimal maintenance. The adequacy of the size shall be determined solely by the city council.

D. The city shall inspect and observe the installation of any sewer line constructed pursuant to this chapter. The person or persons requesting the sewer line shall pay all charges, including overhead, to the city for such inspection and observation. This charge shall be paid within ten days after the request is made by the city. The city may require a deposit or bond to cover such charges. The sewer line will not be accepted by the city until all city charges and liens are cleared.

E. Any persons or person receiving sewer services as established by this chapter shall pay the city an amount equal to that which a person who is a resident of the city would pay for such services. The amount of such charge shall be computed each year by the city for each person receiving sewer services under the provisions of this chapter.

(Ord. 184 §6(B), 1975; Ord. 271 (part), 1993)

Any person or persons requesting a sewer service to the city as set forth in this chapter shall file a written statement with the city, which said statement shall include the following:

A. The amount of wastewater flow (both peak and average) from the incoming applicant;

B. The quality of the wastewater to be treated from the incoming applicant with regard to specific components as requested by the city;

C. Special characteristics for the wastewater to be treated from the incoming applicant; that is, is it toxic and liable to cause plant upset or require additional treatment facilities for adequate treatment;

D. Such other pertinent information as may be necessary to determine how much of the city's total remaining capacity at its present treatment plant site will be used by the applicant;

E. The specific point of connection proposed by the applicant and an analysis of the city's present line capacity at the point;

F. The specific route and alignment of the applicant's proposed line;

G. Such other information as the city may request.

(Ord. 184 §6(C), 1975; Ord. 271 (part), 1993)

The applicant shall by written agreement agree to comply with any and all conditions established or imposed by the city prior to the granting of permission to the applicant to connect to the city sewer line.

(Ord. 184 §6(D), 1975; Ord. 271 (part), 1993)

Any person requesting a sewer service of the city as set forth in this chapter shall file a written statement with the city that he shall agree to any future proposed annexation to the city of the land receiving sewer services if requested to do so by the city. If any future property owner of the land refuses to sign a petition to annex to the city, the sewer service may be terminated by the city by giving the property owner thirty days prior written notice that if he does not sign the petition his sewer service will be terminated.

(Ord. 184 §6(E), 1975; Ord. 271 (part), 1993)

The owner of real property receiving sewer services pursuant to this chapter, failing to comply with anything contained in this chapter, may be subjected to the termination of services after thirty days written notice to the property owner with respect to the real property outside the city owned by such defaulting owner.

(Ord. 184 §6(F), 1975; Ord. 271 (part), 1993)

It is unlawful for any person to discharge any water, excepting ordinary domestic sewage water only, into any of the sewer mains or sewer lines of the city. "Sewage water," within the meaning of this chapter, shall be water used in buildings and dwelling houses for domestic purposes. "Drainage" and "stormwater," within the meaning of this chapter, include water flowing from the roofs of buildings, creeks, springs and from the surface of lands and also includes irrigation water. No person shall discharge or cause to be discharged into any public sewer which directly or indirectly connects to the city's sewage system, any toxic or other wastes if, in the opinion of the superintendent of public works or other officially designated member of the city staff, such waste may have an adverse or harmful effect on sewers, maintenance personnel, wastewater water treatment plant personnel or equipment, treatment plant effluent quality, public or private property, or may otherwise endanger the public, the local environment or create a public nuisance. The superintendent of public works or other officially designated member of the city staff shall, in determining the acceptability of specific waste, consider the nature of the matter and adequacy and nature of the collection, treatment and disposal system available to accept the waste.

(Ord. 184 §7, 1975; Ord. 217 §1, 1984; Ord. 271 (part), 1993)

A. The city council finds that in order to maintain the city sewerage disposal system and provide for future development of vacant parcels within the city, there should be charged against all vacant parcels within the city a fee.

B. See Table 14.04.240 for a list of unbuildable lots and residences on septic systems.

TABLE 14.04.240. UNBUILDABLE

(Ord. 184 §8, 1975; Ord. 257 §1, 1991; Ord. 271 (part), 1993)

A. The rates to be charged persons using or required by law to use the sewer collection and treatment system of the city shall be established by ordinance.

B. The rate to the charged against all vacant parcels within the city shall be established by ordinance.

C. The ordinance fixing rates to be charged by the city set forth herein shall be based upon City of Sutter Creek sewer revenue program in existence at the time of the establishment of said rate.

(Ord. 184 §11, 1975; Ord. 271 (part), 1993; Ord. 286A §1, 1998)

All charges shall be billable to the owner of the premises and shall be due and payable monthly at City Hall unless another payment schedule or place is ordered by resolution of the city council. Bills shall be due on the fifteenth of each month and all charges shall be delinquent on the first day of the calendar month following the date the charge is billed. For delinquent payments, a late payment penalty of ten percent shall be assessed on each delinquent charge. Interest of one-half of one percent monthly shall be charged on the amount of the overdue balance that is not in bona fide dispute plus the assessed penalty. Such interest shall be assessed from the date the charge becomes delinquent and shall accrue each month, or each fraction of a month, until the charge is paid.

(Ord. 184 §9, 1975; Ord. 271 (part), 1993; Ord. 301 §1, 2004; Ord. 352 §1, 2014)

Any person who fails to pay the sewer service charges as herein levied and assessed within sixty days of the time limit prescribed for the payment thereof shall be subjected to having sewer service disconnected and thereafter no service which has been disconnected for the nonpayment of sewage charges shall be reconnected for the same user until the person shall have paid all delinquent sewage service charges owed to the city and a sum which shall be an amount equal to the connection charge being collected by the city for a new connection and an amount equal to one full year of monthly payments, prior to restoration of service.

(Ord. 184 §10, 1975; Ord. 271 (part), 1993)

A. Residential. Each residence or apartment will pay one equivalent single family unit (ESFU). An ESFU flow rate (gallons per day) is determined by the average daily amount of water used, during the winter months, by all metered residences divided by the number of residences with meters.

B. Commercial. Each commercial business or building sewer rate will be based upon the water used, during the winter months, divided by the ESFU. In no case will the sewer rate for the business or building be less than one ESFU.

C. Connection Fees.

1. Existing residences and buildings will not be charged additional connection fees so long as the existing use is continued.

2. New residences and small businesses will be charged one ESFU for connection fee and monthly service charge.

3. Changes in use of residential, business or buildings in the commercial zone will be verified annually. If water use increases more than twenty percent above the ESFU's authorized, the city shall charge additional connection fees.

(Ord. 271 (part), 1993)

A. All licensed businesses must provide for employee/owner access to a toilet facility.

B. Each existing licensed business not having on-site sewer facility will be charged an amount not less than one equivalent single family unit (ESFU).

C. A building with a single sewerage connection with more than one licensed business will pay a monthly rate of not less than one ESFU, but not to exceed the commercial metered flow rate.

D. Commercial buildings, offices or residence units vacant more than six months qualify for a standby rate of half the ESFU effective the date of application.

E. Commercial multi-use complexes (such as office buildings, shopping centers), schools, hotel-restaurants or similar enterprises may be considered for contracted rates.

F. Any subsection in this section in conflict or that conflicts with other sections or subsections in this chapter contained shall, to the extent of such conflict, be deemed to be null and void.

(Ord. 271 (part), 1993)

A. The City of Sutter Creek ("city") has an overriding interest in planning and regulating development of wastewater collection and treatment of property within the city, and within neighboring areas. Implicit in any plan or regulation is the city's interest in maintaining and improving the quality of urban life and the character of the city. Without a viable wastewater treatment and disposal system the city will be in violation of federal and state "clean water" and other environmental laws and will deteriorate, with detrimental consequences to social, environmental, and economic values.

B. The purpose of this section is to establish sewer user rates to reflect the cost of operating and maintaining the existing wastewater treatment and collection system, for the purchase of real property to utilize and develop as a wastewater disposal site.

C. The city has previously entered into an agreement with the Claveran Group to purchase the real property to be acquired by the city for its wastewater disposal site. The agreement provides a timetable by which the costs and expenses of city will be reimbursed as a golf course and other uses are developed on property. In this event, it is anticipated that the sewer user fees will be reduced in the future.

D. The ESFU for the determination of sewer rates within the city is thirty-nine dollars.

E. The City Council of the City of Sutter Creek hereby finds that the cost to the Municipal Wastewater Treatment System of new user, and hence the connection fee shall be set at four thousand five hundred dollars.

F. The city council directs its administrative staff to conduct the statutorily required biennial (every two years) sewer revenue program review to be conducted annually until it decrees by ordinance resolution to revert to biennial reviews.

(Ord. 292, § 1, 2002)

Editor's note— Ord. 292 §§1—6, adopted June 17, 2002, added provisions that were not specifically amendatory. At the direction of the city, said provisions were included as §14.04.273.

Any person aggrieved by any decision of city staff with respect to this title may appeal to the city council by filing a notice of appeal with the clerk of the council. The council shall thereupon fix a time and place for hearing such appeal. The clerk of the council shall give notices to such person of the time and place by serving it personally or by depositing it in the United States Post Office at Sutter Creek, California, postage prepaid, addressed to such a person at his last known address. The city council shall have the authority to determine all questions raised in such appeal. No determination shall conflict with any subsequent provisions of this chapter.

(Ord. 271 (part), 1993)

The superintendent of sewers shall be charged with the administration of the sewage system and the enforcement of the provisions of this chapter.

(Ord. 184 §12, 1975; Ord. 271 (part), 1993)

Any person, firm or corporation violating any terms of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not more than five hundred dollars or by imprisonment for a period of not more than six months, or by both fine and imprisonment.

(Ord. 184 §15, 1975; Ord. 271 (part), 1993)