Visalia Municipal Code Art. 10 Sewer Service Charges

Sewer service charges as set forth in this chapter are established to assure that each recipient of waste treatment services within the city sewer service area shall pay its proportionate share of the costs of all waste treatment service provided by the city. The system of charges to be established must, in accordance with the requirements of the federal act and the state Clean Water Grant Program, provide for the following items:

A. Sufficient financing for an adequate operation and maintenance program; including competent operating personnel.

B. Funds to be reserved for necessary future replacements, improvements, and expansions of the facilities. (Ord. 2006-02 (part), 2006: Prior code § 4285)

Specific dollar amounts for sewer service charges for each user classification shall be established by resolution of the city council on a yearly basis following the federally required annual revision of the city's revenue program, with any required adjustments to be effective as set by resolution of the city council. (Ord. 2006-02 (part), 2006: Prior code § 4286)

The following basis shall be utilized for the establishment of sewer service charges:

A. Residential (single-family, multiple dwellings, and mobile home parks). Each residential unit shall pay a flat rate per month for each dwelling unit.

B. Commercial and institutional (excluding such commercial establishments as are determined by the director to produce wastewaters with a higher BOD or suspended solids content than Visalia domestic wastewater or to possess other characteristics requiring additional treatment costs). Each licensed business, institutional, and commercial establishment (including businesses and professional offices, motels, schools and hospitals) shall pay in accordance with the rate schedule as set by resolution of the city council.

C. Industrial (including high-strength or additional treatment requirement commercial dischargers as described in subsection (B) of this section).

1. All significant industrial and commercial sources shall be charged on the basis of set amounts for each million gallons of wastewater flow, each pound of BOD, and each pound of suspended solids discharged by individual users per month, in accordance with a rate schedule set by resolution of the city council. Measurement of BOD and suspended solids shall be performed by the city or by a laboratory approved by the city; the frequency and number of tests for each characteristic to be determined by the director. All such testing shall be at the expense of the expense of the discharger;

2. All industrial sources determined by the director not to be significant dischargers shall be charged a flat rate per month based on the quantity and strength of their wastewater as determined by the director, in general accordance with the rate schedule for subsection (C)(1) of this section set by resolution of the city council. (Ord. 2006-02 (part), 2006: Prior code § 4287)

Flow measurements for rate purposes shall be based upon one hundred (100) percent of daily metered water consumption if all water used is supplied by a public utility company. Otherwise, the amount of sewer usage shall be determined by the director in accordance with the provisions of this chapter. If, in the opinion of the director or the opinion of the discharger, it is necessary to install metering devices in order to accurately determine the sewer usage, such metering devices shall be installed, when directed by the city, at the discharger's cost, and the specifications therefor shall be approved by the city. Flow measurements shall be made at regular intervals or continuously recorded as determined necessary by the city and billings shall be adjusted appropriately. (Ord. 2006-02 (part), 2006: Prior code § 4288)

A. Billing for sewer service for those dischargers governed by Section 13.08.850(A) and 13.08.850(B), and payment thereof shall be to and by the person in whose name water service is rendered to the property, or the owner of the property on written application. In the case of a residence or commercial establishment using well water, the owner of the property is responsible for sewer service charges. The date charges begin to accrue for sewer service is the earliest of the date water billing is started or the date customer requests service. In the case of a residence or commercial establishment using well water, the date charges begin to accrue for sewer service is the date of occupancy, title change, or annexation. The date charges for service end is the later of the date the water service and/or sewer service is terminated, or the date customer requests to end services.

B. The sewer service charges for dischargers governed by Section 13.08.850(C) shall be paid every month on the basis of measured flow, BOD and suspended solids for the previous month, as billed by the city to the discharger.

C. All service charges shall be retained by the city irrespective of any intra-billing termination date of sewer service, to defer service and administrative costs. Upon written application by the property owner of tenant-occupied property, billing and payment may be to and by such property owner where the refuse service charge is similarly billed and paid. (Ord. 2014-01 § 1 (part), 2014; Ord. 2011-08 § 6, 2011: Ord. 2006-02 (part), 2006: Ord. 2000-18 §§ 1 (part), 2 (part), 2000: prior code § 4289)

A. In the event that dischargers described in Sections 13.08.850(A) and 13.08.850(B) shall fail to pay any billing within fifteen (15) days from the bill date, a late charge as set by resolution of the city council for each such billing month may be added to the bill, and the city may have no authority to accept any payment thereafter without collecting the late charge. This charge shall be collected to defray the cost of billing and bookkeeping involved in late payments.

B. For each industrial sewer service charge, as defined in Section 13.08.850(C), remaining unpaid more than fifteen (15) days from the bill date there may be added and collected therewith a late charge as set by resolution of the city council and any such unpaid charge, together with the late charge shall bear interest at the rate as set by resolution of the city council until paid.

C. In the event that the discharger shall fail to pay any charge herein provided by the 15th of the third month following presentation of the bill for such charge to the discharger, the city may, in addition to any other remedies it may have, after due notice in writing, discontinue furnishing sewer service and not resume the same until all delinquent charges hereunder, together with any costs necessitated by the discontinuance and resumption of sewer service, have been fully paid. Any such notice of disconnection or discontinuance of service shall include the name, address, and telephone number of the city division authorized to discuss, and correct where appropriate, any outstanding charges.

D. 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 the remedy of means of enforcing payment of the sum required to be paid by this chapter stated in subsection (A), (B), (C), (E), (F), (G) or (H) of this section.

E. As an alternate means of collection of amounts due and unpaid at owner-occupied property:

1. Once a year the city council may cause to be prepared a report of delinquent fees including late charges. The council shall fix a time, date and place for hearing the report and any objections or protests thereto;

2. The council shall cause notice of the hearing to be mailed to the landowners listed on the report not less than ten days prior to the date of the hearing;

3. At the hearing the council shall hear any objections or protests of landowners liable to be assessed for delinquent fees including late charges. The council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed;

4. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees. A certified copy of the confirmed report shall be filed with the county auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien is created, and attaches upon recordation, in the office of the county recorder of the county in which the property is situated, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent fees, as confirmed, relating to such property shall be transferred to the unsecured roll for collection and recorded in the name of the prior property owner following city policies and procedures.

5. The city may, in its discretion, issue separate bills for such special assessment taxes and separate receipts for collection on account of such assessment.

F. At the time the fees become delinquent, until such time as they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property, and, as such, may be identified during a title search. For commercial businesses, delinquent account balances, including late charges, may be considered an unrecorded lien against the business name and/or owner of the business.

G. In addition to, or in lieu of other collection processes, the city may authorize a third party to discontinue water service as a means of collecting delinquent balances.

H. In addition to, or in lieu of other collection processes, delinquent balances may be processed through a collection bureau. (Ord. 2014-01 § 1 (part), 2014; Ord. 2011-08 § 7, 2011: Ord. 2006-02 (part), 2006: Ord. 2000-18 §§ 1 (part), 2 (part), 2000: prior code § 4290)

In the event there are any inequities that arise because of the nature of certain business, commercial accommodations or units under this article, the director shall have the authority to establish any variances in applying this article to alleviate such inequities. Any requirements for pretreatment to bring materials discharged to a sewer to a condition where they may be handled by the sewage system of the city, shall not be cause for a reduction of the rates and charges outlined herein. (Ord. 2006-02 (part), 2006: Prior code § 4291)