Whittier Municipal Code Ch. 8.26 Sewer User Fees

For the purposes of this chapter the following words and phrases, when used in this chapter, shall have the following meanings ascribed to them:

A. "City" means the city of Whittier; and

B. "City council" means the city council of the city; and

C. "Commercial/industrial user" means the owner of each privately owned lot located in the city on which there is located a commercial or an industrial user which user is serviced by the sewer system; and

D. "City manager" means the city manager of city; and

E. "Director of public works" means the director of public works of the city; and

F. "Dwelling unit" is defined as set forth in the city's zoning regulations; and

G. "Lot" is defined as set forth in the city's zoning regulations; and

H. "Residential user" shall mean the owner of a lot upon which there are located one or more dwelling unit(s) which dwelling unit(s) are served by the sewer system; and

I. "Rate" means the amount charged per one hundred cubic feet of water consumed; and

J. "Residential/multiresidential users in private developments" means a private community or home owners association (HOA) that operates, owns and maintains a private-sewer main system connected to the city's sewer system; and

K. "Sewage" means the used, spent or wasted sewage discharged by the community received directly or indirectly by the sewer system from residential users and commercial/industrial users; and

L. "Sewer system" means the entire network of appurtenances, improvements, fixtures, real and personal property involved and contributing to the operation and maintenance of the sewage collection and disposal system owned and operated by the city; and

M. "Sewer user fee" means the amount of a fee imposed annually by the city upon the owner of each privately owned lot served by the city's sewer system, as and for a sewer user fee, pursuant to this chapter; and

N. "Use" is defined as set forth in the city's zoning regulations; and

O. "User" means the owner of each privately owned lot located in the city which is serviced by the city's sewer system; and

P. "Water unit" means that amount of water consumed by a user equal to one hundred cubic feet of water (ccf).

(Ord. 2779 § 1 (part), 2001: Ord. 2432 § 1 (part), 1988

(Ord. No. 2969, § 1, 6-14-11; Ord. No. 2986, § 2, 6-26-12)

A. Imposition of Fee. There is imposed upon the owner of each privately owned lot located in the city, a sewer user fee, the proceeds of which shall be utilized by the city for the operation and maintenance of the sewer system, and capital improvement costs pertaining thereto. The city council shall adopt an ordinance or resolution fixing the sewer user fees and thereafter the fees shall apply and be charged until they are changed, modified or amended by ordinance of the city council.

B. Exemption from Fee. No sewer user fee shall be made or collected where no portion of domestic water delivered to the user enters the sewer system.

(Ord. 2779 § 1 (part), 2001: Ord. 2432 § 1 (part), 1988)

(Ord. No. 2964, § 2, 4-12-11; Ord. No. 3043, § 3, 10-27-15)

A. Sewer user fees imposed pursuant to this chapter shall be collected on the tax roll in the same manner, by the same persons, and at the same times, together with and not separately from, the city's general taxes. Annually the director of public works shall cause to be prepared a written report, which shall contain a description of each lot upon which a sewer user fee has been imposed and the amount of the sewer user fee applicable to each such lot, calculated in accordance with the provisions of this chapter ("report"). The report shall be filed with the city clerk of city and submitted to the city council for review and approval as a part of the proposed city budget for the next succeeding fiscal year. The city council shall, as a part of its annual budget approval process, pursuant to Section 1101 of the city charter, approve, approve as modified or disapprove, the report. The lots upon which a sewer user fee is imposed may be described by reference to maps prepared in accordance with the provisions of Section 327 of the Revenue and Taxation Code, and on file with the office of the Los Angeles County assessor, of by reference to plats or maps on file in the office of the city clerk.

B. Prior to August 10th of each calendar year, following the annual determination of the sewer user fees by the city council, the city clerk shall file with the appropriate Los Angeles County officers, the report as approved by the city council, together with certified copies of the city council ordinance or resolution imposing the sewer user fees for the next succeeding fiscal year. The county officers shall thereafter enter the amounts of such sewer user fees imposed against the lots as they appear on the current county assessment roll.

C. The amount of the sewer user fee imposed upon a lot pursuant to this chapter shall constitute a lien against that lot as of twelve noon on the first Monday in March, of each year, immediately preceding the date of the adoption of said report, and imposition of such sewer user fee by the city council.

D. All laws which are now applicable, or hereafter made applicable, to the levy, collection and enforcement of general taxes of the city, including, but not limited to, those pertaining to the matter of delinquency, correction, cancellation, refund and redemption, shall be applicable to the sewer user fees imposed pursuant to the provisions of this chapter.

(Ord. 2779 § 1 (part), 2001: Ord. 2432 § 1(part), 1988)

(Ord. No. 2964, § 3, 4-12-11; Ord. No. 3043, § 3, 10-27-15)

A. Power of Director. The director of public works shall have the power to make for adjustments in the amount of any sewer user fee imposed upon a user, upon the director's initiative or upon written request of the user, if the director determines that the actual quantity of waste water entering the sewer system is substantially different from that as calculated in the manner set forth in this chapter.

B. Appeal. Any residential or commercial/industrial user may appeal any such determination made by the director with reference to an adjustment. The city manager shall review the determination of the director of public works. The city manager shall affirm, modify or disaffirm the director's action; the decision of the city manager shall be final and conclusive.

(Ord. 2779 § 1 (part), 2001: Ord. 2432 § 1(part), 1988)

A. All sewer user fees collected pursuant to this chapter shall be deposited with the city controller and credited to the sewer maintenance account.

B. All such monies collected shall be expended exclusively for the purposes of operation and maintenance of, and for capital improvements to, the sewer system, and administrative costs related thereto, all as determined by the city council.

(Ord. 2779 § 1 (part), 2001: Ord. 2432 § 1(part), 1988)