Torrance Municipal Code Art. 4 Sewer Discharge Fee

(Amended by 3368)

The following words and phrases shall for the purposes of this Article have the meanings respectively ascribed to them in this Section:

a) Occupant shall include and mean every owner, tenant, occupant or person who is in possession of, or who is the inhabitant of, or who has the care and control of any real property.

b) Real Property shall include any lot or parcel of land, whether used for residential, commercial, industrial or any other use from which lot or parcel sewage is discharged into the Torrance sanitary sewer system, whether such real property is located inside or outside the City of Torrance.

c) Sewer Discharge Fee shall mean a fee based upon the amount of domestic water used upon the real property.

d) Sewer Baseline Fee shall mean the portion of the sewer discharge fee used for, but not limited to, the ongoing maintenance of the Torrance sanitary sewer system and as may be set periodically by resolution.

e) Sewer Supplemental Fee shall mean the remaining portion of the sewer discharge fee after the sewer baseline fee is apportioned thereof and as may be set periodically by resolution.

This City Council finds and determines that the operation, maintenance, repair, upkeep and periodic reconstruction of the Torrance sanitary sewer system benefits all occupants or real property who discharge sewage into the Torrance sanitary sewer system, and therefore, all such occupants are made liable for the payment of such sewer discharge fees as may from time to time be set by resolution of the City Council.

a) All fees established by the provisions of this Article for the discharge of sewage shall be collected by adding the same to the water bills rendered to customers of the Torrance Municipal Water Department whenever it is possible to do so.

b) All monies paid pursuant to the provisions of subsection (a) of this Section, shall be applied first to satisfy sewer discharge, and any remaining balance of such payments shall be applied to charges for water service.

c) The fees for sewer discharge added to said water bills shall be for the period covered by such bills, and shall be payable at the same time and in the same manner as such bills.

d) For the purpose of subsections (a) and (c), the occupant shall be the person to whom the water bill is addressed.

e) Whenever it is not practicable to add said sewer discharge fees to said water bills, the Director of Finance shall cause bills to be rendered for such fees in advance, which bills shall be payable in the same manner as prescribed for water bills in Chapter 6 of Division 7 of this Code.

f) Any fee imposed pursuant to this Article shall be a civil debt owing the City from the occupant of the real property where the sewer discharge originates.

A deposit may be required of any occupant whenever, in the opinion of the Director of Finance, such deposit is necessary to insure prompt and satisfactory payment of sewer discharge fees. In the event that any occupant having to his credit a deposit of sewer discharge fees shall, for any reason, discontinue such service, the deposit shall first be applied to any sewer discharge fees remaining unpaid and any remaining balance of the deposit shall be refunded.

(Added by O-3368)

The sewer discharge fee is separated into two fees, the baseline fee and the supplemental fee.

(Added by O-3764)

a) Sewer discharge fees that are not paid within 15 days of the billing date shall be subject to a basic penalty not to exceed 10 percent for the nonpayment of sewer discharge fees, in accordance with California Health and Safety Code Section 5473.10, or any successor provision. An additional penalty not to exceed one and one-half percent per month for the unpaid sewer discharge fees and the basic penalty may also be imposed.

b) Sewer discharge fees that remain delinquent for a period of 60 days shall constitute a lien against the property for which the sewer service was provided in accordance with the procedures stated in California Health and Safety Code Section 5473.11, or any successor provision.

c) Delinquent sewer discharge fees may be collected on the tax roll in the same manner and at the same time as general taxes, pursuant to California Health and Safety Code Section 5473a, or any successor provision. The City of Torrance may also seek other collection methods as provided by law.