Tehachapi Municipal Code Ch. 13.12 Sewer Use Charges

The purpose of this chapter is to provide funds to supplement the general taxes in financing construction and maintenance of sewage collection, transporting and treatment facilities in and for the city.

(Ord. 373 § 1, 1971)

The sewer use charges as provided for in this chapter are established for users and owners of property, which terms shall have or include the following meanings:

A. "Users" means any person, public or private corporation, the United States of America, the state, any county, municipality, and all government agencies and departments, and every officer, agent and employee thereof during the course of his employment who uses or deposits sewage or waste into the city's sewer system.

B. "Property" means all real property, buildings, structures, appurtenances and other improvements occupied by an owner, lessee or tenant as a dwelling or business, or commercial or industrial enterprise upon any parcel of land.

(Ord. 373 § 2, 1971)

The city council must first approve any city sewer connection outside the corporate limits of the city, and if such connections are permitted, shall further have the authority to establish charges in excess of those charged users within the corporate limits of the city.

(Ord. 373 § 7, 1971)

There shall be a sewer use charge for each sewage connection within the city, which shall be set forth in a separate resolution, established by the public works department and approved by the city council.

(Ord. 373 § 3, 1971)

Upon written application by the property owner of tenant- occupied property, billing and payment of sewer use charges may be made to and by such property owner.

(Ord. 373 § 5(d), 1971)

The sewer use charges provided for in this chapter shall be due and payable by the user, whether he is the occupant, tenant, lessee, person in possession or owner of property to which a sewer connection is made, within thirty days after the mailing of the bill therefor, and if otherwise not paid when due, the owner of the property shall in any case be liable therefor.

(Ord. 373 § 4, 1971)

A. In the event that users connected to the city sewer system fail to pay any charge within thirty days after the mailing of the bill therefor, a penalty of ten percent of the amount of the bill shall be added thereto. If the bill, together with any penalties addressed thereon, has not been paid within an additional fifteen-day period, then, after ten days' notice to the user, the city may discontinue furnishing sewer service and/or city water service to such user, and shall not resume the same until the charges and all delinquent penalties thereon have been fully paid.

B. In addition or in the alternative, and at the option of the city, the city may file a civil action for the collection of any amounts due and unpaid. This remedy shall be cumulative and in addition to other remedies or means of enforcing payment of the sum required to be paid by this chapter.

C. The city will notify the owners of property, in writing, of delinquencies, and that such delinquencies will further be subject to collection from the owner pursuant to Section 13.12.060 of this chapter.

(Ord. 373 § 5(a)-(c), 1971)

In the event there are any inequities that arise because of the nature of certain businesses, commercial accommodations or otherwise, under this chapter, the city council shall have the authority to permit and establish variances in applying this chapter, to alleviate any inequity that may arise regarding the application of this chapter.

(Ord. 373 § 6, 1971)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Every day upon which violation of this chapter exists or continues shall constitute a separate offense.

(Ord. 95-03-627 § 2, 1995: Ord. 373 § 9, 1971)