Temple City Municipal Code § 6-2A-0 Adoption of Code

ARTICLE A. ADOPTION OF CODE

SECTION:

Except as hereinafter provided, that certain code known and designated as the Los Angeles County code, title 20, utilities, division 2, sanitary sewers and industrial waste as amended, except as herein provided, shall be and become the sanitary sewer and industrial waste ordinance of the city of Temple City providing for the issuance of permits and the collection of fees therefor and providing penalties for violation of such code.

The fees for the issuance of industrial waste permits shall be the same as those established by the county of Los Angeles in title 20, utilities, division 2, sanitary sewer and industrial waste ordinance and any subsequent amendments, modifications or annual COLA adjustments, plus twenty percent (20%) charge, except as may be modified by resolution of the city council. (1960 Code; amd. Ord. 89-662; Ord. 95-782)

Three (3) copies of said ordinance 6130, as amended, of the county of Los Angeles, have been deposited with the city clerk and shall be at all times maintained by said city clerk for use and examination by the public. (1960 Code)

Whenever in the said ordinance 6130 reference is made to the unincorporated area of the county of Los Angeles, such area shall be deemed to include in its true geographical location, the area of the city of Temple City. (1960 Code)

Whenever any of the following names or terms are used in the said ordinance 6130, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:

BOARD: The city council.

COUNTY ENGINEER: The city engineer.

COUNTY HEALTH OFFICER: The city health officer.

COUNTY OF LOS ANGELES: The city of Temple City, except in such instances where the county of Los Angeles is a correct notation due to circumstances.

COUNTY SEWER MAINTENANCE DISTRICT: The county sewer maintenance district except in the instance where the territory concerned either is not within or has been withdrawn from a county sewer maintenance district. In any such instance "county sewer maintenance district" shall mean the city of Temple City.

ORDINANCE: An ordinance of the city of Temple City, except in such instances where the reference is to a stated ordinance of the county of Los Angeles.

PUBLIC SEWER: All sanitary sewers and appurtenances thereto, lying within streets or easements dedicated to the city, which are under the sole jurisdiction of the city.

TRUNK SEWER: A sewer under the jurisdiction of a public entity other than the city of Temple City. (1960 Code)

The following amendments to ordinance 6130 are hereby enacted:

A. Section 4007.1 of said ordinance is amended to read as follows:

The city engineer may recommend that the city council approve an agreement to reimburse or agree to reimburse a subdivider, school district, an improvement district formed under special assessment procedures, or person for the cost of constructing sanitary sewers for public use where such sewers can or will be used by areas outside of the proposed development; and to establish a reimbursement district and collection rates are described in the agreement under the provisions of this ordinance.

B. Section 5204.2 of said ordinance is amended to read as follows:

In the event the city engineer determines that the property described in the application for a permit is included within a sewer reimbursement district, which has been formed by the city council in accordance with section 4007.1, the charge for connecting to the public sewer shall be as set forth in the agreement.

C. Section 5212 of said ordinance is amended to read as follows:

Except as otherwise provided in this ordinance all money received under section 5201 shall be deposited with the city treasurer and credited to the special sewer maintenance fund.

D. Section 5221 of said ordinance is hereby repealed.

E. Section 5222 of said ordinance is amended to read as follows:

All monies collected under this section for sewer maintenance are to be submitted directly to the county sewer maintenance district for inclusion in the maintenance district's funds.

F. Section 5506 of said ordinance is amended to read as follows:

In the event the damaged public sewer is not in a sewer maintenance district, the violator shall reimburse the city within thirty (30) days after the city engineer shall render an invoice for the same. The amount when paid shall be deposited in the city treasury.

G. Section 6109 of said ordinance is amended to read as follows:

No uncontaminated cooling water shall be discharged into a drainage system connected with a public sanitary sewer except by written permission from the city engineer.

H. The following is added to section 5212 of said ordinance:

The city of Temple City shall not be held liable or responsible for reimbursement to subdividers for any fees paid to the county of Los Angeles.

(1960 Code)

Any permit heretofore issued by the county of Los Angeles pursuant to the sanitary sewer and industrial waste ordinance of said county for work within the territorial limits of the city shall remain in full force and effect according to its terms. (1960 Code)

ARTICLE B. SEWER CHARGES

SECTION:

This article shall be known as the CITY OF TEMPLE CITY SEWER RECONSTRUCTION ORDINANCE, and may be cited as such. (1960 Code)

Most of the existing sewers in the city were constructed years ago and were designed to serve residential and agriculture properties. However, due to the ever increasing population density within the city, the erection of many multi-family dwelling units and growth of the commercial and industrial areas, the city sewerage system is no longer adequate to accommodate the increased volume of sewage generated by such developments. The purpose hereof is to establish a means of providing adequate sewers required by development in the city and to establish a charge to be collected from all the properties that propose to discharge, to the public sewer, quantities of sewage in excess of the quantity for which the existing sewerage system was designed; and to establish a fund into which these charges may be deposited and from which monies will be available for the city sewer reconstruction program. (1960 Code)

As used in this article, the following terms shall be defined as set forth herein:

CITY: That portion of the state of California incorporated as the city of Temple City and all areas subsequently annexed to the city of Temple City.

CITY COUNCIL: The city council of the city of Temple City, county of Los Angeles, state of California.

CITY ENGINEER: The city engineer of the city of Temple City, or its deputy, agent or representative.

FLOOR AREA: The area included within the exterior walls of a building or portion thereof, exclusive of open vent shafts and courts.

LOT: Any piece or parcel of land bounded, described or shown upon a map, plot or deed recorded in the office of the county recorder, county of Los Angeles or shown as a separate parcel on the last equalized assessment roll which conforms to the boundaries of such lot as shown upon such recorded map, plot or deed or roll; provided, however, that in the event any building or structure or intended use covers more area than a lot as herein defined, the term lot shall include all such pieces or parcels of land upon which said building or structure or intended use is wholly or partly located, together with the yards, courts and other unoccupied spaces legally required for the building or structure.

OWNER: An individual human being, a firm, partnership, corporation, organization or anyone having an interest in any lot or parcel of land in the city of Temple City.

PEAK FLOW: The instantaneous maximum rate of flow of sewage to be discharged to the sewer and, for the purpose hereof, shall be as provided herein.

PUBLIC SEWER: The main line public sanitary sewer. Exception therefrom sewers under the jurisdiction of a public entity other than the city of Temple City. (1960 Code)

No person shall, within the city of Temple City, erect, construct, enlarge or alter any building or structure or cause the same to be done without first having complied with the provisions hereof. (1960 Code)

If any provision hereof or the application thereof to any person or circumstance, be held invalid, the remainder hereof, and the application of such provisions to other persons or circumstances shall not be affected thereby. (1960 Code)

The city engineer shall enforce and administer all the provisions hereof. (1960 Code)

The city engineer shall determine what capacity is necessary in each public sewer to provide for the proper collection of sewage in the city. In the event a lot in the city is to undergo development or redevelopment, and the anticipated sewage from the proposed use is found by the city engineer to exceed the capacity available in the public sewer, the building permit for such development or redevelopment shall not be issued until such time as capacity in the public sewer is available or can be made available before the building is occupied. (1960 Code)

The size and grade of each public sewer must be such as to provide at all times sufficient capacity for peak flow rates of discharge. In order to establish estimates of sanitary sewage at peak flow, the owner or developer of a building shall submit plans of intended construction and such other information as the city engineer may require on printed forms provided for that purpose.

The following table is established as the peak flows for the various occupancies and shall be used as the basis for computing the discharge rates to the public sanitary sewer.

All others shall be classified by the occupancy it most nearly resembles as determined by the city engineer or as computed by the city engineer in accordance with the anticipated use. The city engineer shall determine the appropriate flow rate for automobile washes.

The peak flow to the sanitary sewer for a building containing mixed occupancies shall be determined by adding the peak flow characteristics of the various occupancies as set forth in the above table.

In the event that an area of occupancy, in use prior to the enactment hereof, is to undergo structural innovations and such innovations shall not increase the peak flow as it existed from the lot immediately prior to said date of enactment to the public sewer, the owner shall submit to the city engineer an affidavit or statement pursuant to section 2015.5 of the Code Of Civil Procedure, in duplicate, verifying the actual occupancy load prior to said date of enactment. (1960 Code)

The applicant for a permit to build in the city shall declare all information necessary, as determined by the city engineer, to comply with the provisions hereof and shall pay, to the city at the time of issuance of a building permit, a charge based on the anticipated additional peak flow created by the new construction, or change of use, at the rate of forty cents ($0.40) per gallon per day of additional peak flow less any credit which might be allowed as provided herein. (1960 Code)

In calculating the chargeable peak flow of sewage, each lot within the city shall be given a credit of six hundred (600) gallons per day per five thousand (5,000) square feet of lot area. The amount of peak sewage generated by any existing facilities on the lot shall be deducted from this credit. This credit shall be applied more than once to the same lot, except when the building on the lot has been demolished. (1960 Code)

The monies collected hereunder shall be deposited with the city treasurer and credit to the sewer reconstruction fund. (1960 Code)

Money deposited in the city sewer reconstruction fund as provided herein may be expended by the city council to accomplish any lawful purpose as provided herein and as set forth in section 5471 of the Health And Safety Code of the state of California, or for such other sewer purpose that the city council may lawfully authorize. All engineering costs, refunds as provided herein, mileage, overhead, incidentals and construction costs necessarily incurred in the reconstruction costs necessarily incurred in the reconstruction of sewers shall be charged to the fund, to the extent allowed by law. (1960 Code)

In the event any person shall have paid the applicable sewer charge based on the anticipated additional peak flow created by the new construction as provided herein and no portion of the new construction shall have been commenced and the permit for such construction shall have been canceled or expired, said person shall be entitled upon written request to a refund in an amount equal to one hundred percent (100%) of the sewer charges paid by said person minus one percent (1%) of said charge. However, the amount retained shall not be less than ten dollars ($10.00) nor more than one hundred dollars ($100.00). (1960 Code)