Yuba City Municipal Code Art. 5 Sewer Service Charges

(a) All charges for the extension of, connection to, and use of the City sewerage system shall be in accordance with the provisions of this article.

(b) No facilities or services of the City sewerage system shall be furnished to any premises or to any person free of charge, except the City.

(c) Beginning in 2017, all the charges related to the use of City sewerage collection and treatment system set out in Sections 6-5.408(b), 6-5.507(c) and 6-5.507(d) of this chapter will be reviewed by the City Council on an annual basis as part of the fiscal year budget review process, prior to the July 1 implementation of the increase for each year. The City Council will retain the authority to set by resolution the actual rates less than the maximum rates set out in Sections 6-5.408(b), 6-5.507(c) and 6-5.507(d) of this chapter.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Before connecting any premises to the City sewerage system, the owner, subdivider, or developer of such premises shall make provisions satisfactory to the Finance Director for the payment of all charges.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) Purpose. The purpose of the sewer connection charge is to have the property owner pay their proportionate cost of the sewerage system, including the wastewater treatment facility and sewer collection system lines identified in the wastewater treatment facility and collection system master plan.

(b) Collection. The connection impact fees shall be paid at the option of the developer/applicant at either the issuance of the building permit or at certificate of occupancy for a proposed development project, not at the date of application for a permit. The amount of the impact fees to be paid shall be those fees in effect at the time the fees are paid at either the issuance of a building permit or certificate of occupancy. Exceptions to this requirement may be negotiated between the developer and the City as part of the entitlement and agreement process, subject to City Council approval. The City may require the developer/applicant to pay, as determined by the Public Works Director, inspection fees at the time of building permit.

In case of expansions and/or alterations of the premises, a sewer connection impact charge shall be collected at the time of building permit issuance of:

(1) The expansion and/or use of the premises which requires additional sewer facilities; and

(2) The construction or alteration of the premises which changes the parcel use to a higher sewer demand.

For the customers currently not on the City's sewer system, the connection impact fees, including any regular and special permit and inspection fees, shall be charged at the time of connection permit issuance for the connection to the City's sewer system.

(c) Schedule of charges. The sewer connection impact charge shall be as set forth in Section 6-5.507.

(1) Multiple units; other facilities. For multiple units, the connection impact fee shall include any common facilities, such as laundry rooms and recreation areas, that would normally be provided as support facilities with multiple dwellings; however, for other facilities that are not the primary support of the multiple dwellings, there shall be an additional fee computed on the basis of the fixture units as hereinafter provided for commercial, industrial, public, and other uses or as determined by the Public Works Director.

(2) Commercial and industrial users. Drainage system fixture units, as set forth in the Uniform Plumbing Code adopted by the City, for commercial users and for industrial users are not included under the provisions of Article 4 of this chapter. If at any time after the payment of the connection charge there is a change of use on the premises, there shall be an additional connection charge calculated at the per fixture unit rate for the number of additional fixture units installed.

(3) Industrial users. Connection charges for industrial users shall be determined in accordance with Article 4 of this chapter.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) Purpose. The purpose of the sewer extension charge is to reimburse the City for its cost to extend the main sewer.

(b) Collection. The sewer extension charge for a main sewer installed by the City shall be collected before a person may connect their property to the City sewerage system.

(c) Schedule of charges. The sewer extension charge provides for the extension of mains. The charge shall be as set forth annually in the City's fee schedule.

Corner lots and lots having more than one frontage where sewer facilities exist or are planned shall pay extension fees based on 60% of the first 175 ft. of total frontage (as measured to the point of intersection of the property lines or the point of intersection of the prolongation of the property lines) and 100% of all frontage in excess of the first 175 ft.

Such reduction shall apply to existing corner lots and shall not apply to corner lots which would be created by new subdivisions, parcel maps, or developments. Such parcels shall pay extension fees based on 100% of all applicable frontage as measured prior to the creation of the side street.

Extension fees will not be applicable to lands within a subdivision or special assessment district if the sewer main was installed at no cost to the City (other than oversizing costs) unless an agreement exists providing for the repayment of extension costs to the original developer or to the special district.

Where substantial evidence indicates that the sewer main was installed at no cost to the City (other than oversizing costs) by special assessment district, a subdivider, developer, or other person, main extension charges shall not be applicable unless set forth in an agreement providing for the repayment of extension to the original installer.

Where a sewer main only serves property on one side of the sewer line, the charge shall be double the current extension charge.

(d) Agreements. A property owner, subdivider, or developer may extend the main sewer at his or her own expense in accordance with a reimbursement agreement approved by the Council.

(e) Outside users. The sewer extension charges for all users whose property is outside the City limits shall be the same as the charges applicable if the user were within the City limits.

(1) Outside users must execute an extraterritorial agreement with the City prior to extension of the sewer to premises outside the City limits.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) Purpose. The purpose of the sewer service charge is to provide necessary revenue to operate the sewerage system as a self-sustaining operation.

(b) Collection. The sewer service charge shall be collected as follows:

(1) On premises served with City water, the billing of sewer service charges shall be added to the charges for water service, and the payment and collection of the total amount shall be made in accordance with the provisions of Title 6, Chapter 6 of this Code regulating the payment of water service charges.

(2) On premises not served with City water, the billing and collecting of sewer service charges shall be made as determined by the Finance Director.

(c) Schedule of charges. The sewer service charge for property connected to the sewerage system shall be billed in accordance with the rates established in the City's fee schedule, as set annually by the City Council.

(d) Reserved for future use.

(e) Septage waste disposal general discharge permits. The charge for truckers discharging to the municipal sewer system shall be listed in the City fee schedule document and in accordance with the rates established in Section 6-5.507.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

All sewer services may be metered at the discretion of the City. The Public Works Director may require any user, at their sole expense, to install a meter. The meter shall be approved by the Public Works Director before installation.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

All the latest and current charges shall be found in the City's fee schedule document. The City updates the fee schedule document annually and posts it on the City's website. This section shows the applicable fee categories, which will be reviewed and adjusted by the City Council annually.

Beginning in 2017, all charges related to the use of City wastewater treatment and collection system set out in this section will be reviewed by the City Council on an annual basis as part of the fiscal year budget review process, prior to the July 1 implementation of the increase for each year. The City Council will retain authority to set by resolution the actual rates less than the maximum rates set out in this section.

(a) Sewer connection charge type.

(1) Single-family residential users, calculated per unit.

(i) Single-family users are defined as single-family dwelling units, including any accessory dwelling units which do not exceed 750 square feet as part of the single-family dwelling unit.

(ii) An accessory dwelling unit (ADU) shall be defined as per Municipal Code Section 8-5.5001. The ADU shall not alter the character of the principal use of the parcel, e.g., residential.

(2) Multi-dwelling users, calculated per unit.

(i) Multi-dwelling users include: duplexes, single-family dwelling units plus any accessory dwelling units exceeding 750 square feet and two or more apartments, mobile homes, or trailers on one parcel.

(3) Commercial and industrial users as defined in the Uniform Plumbing Code and applicable to users other than as defined in Article 4 of Chapter 5 of Title 6 of this Code, calculated per fixture unit.

(i) The charges to a commercial user will be based on the applicable base charge as shown in the table below plus the flow charge for the actual water usage.

(ii) Commercial User Monthly Charge = Base Charge + (Flow Charge x actual water usage in 100 CF).

(iii) Mixed-use parcels, consisting of both commercial and residential components, shall only be charged the commercial surcharge after the residential baseline has been reached.

(4) Any customer that paid a connection impact fee prior to July 1, 2000 may complete the project at any time and is not subject to connection impact charge rate adjustments or credit of interest. Any connection impact charges paid on July 1, 2000, or later, and the project is completed within 18 months, will not be subject to any additional connection impact charges or interest credits. A project is deemed completed when all building permits are paid and a final inspection report is issued or as determined by the Public Works Director. Any connection charges paid on July 1, 2000, or later and the project is not completed within 18 months will be subject to the connection impact charge in effect at the time of project completion, and will be entitled to interest credit as to any connection impact charge increases. Interest will only be allowed as a credit toward connection impact charges increases and, in no event, shall customer be entitled to any refund of interest. Interest will accrue, beginning 18 months after the initial purchase, based on the initial connection charge payment. Interest payment will be credited semi-annually on January 1 and July 1 based on the previous average semi-annual rate of the local agency investment fund administered by the California State Treasury. Connection permits or charges cannot be sold or transferred between any parties other than Yuba City.

(b) Extension charges. Sewer extension charges as per Section 6-5.504 of this Code are calculated per front foot, and can be found in the City's annual fee schedule.

(c) Sewer service charges. The charts below enumerate the maximum charges authorized following the 2016 Proposition 218 process. Actual rates are subject annually to Council approval, and may be found in the City's annual fee schedule, located on the City's website. No credit shall be allowed for vacancy.

Single-Family Users Flat Rate Service Charge per Month per Unit

Multi-Dwelling Units Flat Rate Service Charge per Month per Unit

Commercial Monthly Rate Service Charge per Month (Base Charge + Flow Charge)

Category C1 shall include the user types listed below. The Public Works Director shall have the right to expand the list or to move any listed type to a different category.

Retail/office

Auditorium/hall

Storage

Church

Animal shelter

Beauty/barber shop

Florist

Library

Day care

Bowling alley

Medical office

Fitness center

Laundromat

Car wash

Fairgrounds

Hospital

Municipal jail

Theatre/cinema

Veterinary clinic

Gas station (no market/disposal)

Bakery/deli/café (no disposal)

Restaurant/bar (no disposal)

Assisted living/convalescent hospital

Category C2 shall include the user types listed below. The Public Works Director shall have the right to expand the list or to move any listed type to a different category.

Bed/breakfast

Hotel/motel

Dry cleaners

Auto sales

Autobody shop

Funeral home

Category C3 shall include the user types listed below. The Public Works Director shall have the right to expand the list or to move any listed type to a different category.

Fast food

Market

Gas station (with market)

Bakeries and delis (with disposal)

Restaurant/bar (with disposal)

(d) Sewer service charges for schools. The maximum sewer service charges authorized following the 2016 Proposition 218 process for schools are listed in the table below. Actual rates are subject annually to Council approval, and may be found in the City's annual fee schedule on the City's website.

(1) Sewer service charges for schools are calculated per student per year. This is represented by average daily attendance for the past school year for number of students.

(2) Yuba City Unified School District is billed once per year after July 1 for the previous year.

Per Student Service Charge per Year for Schools

(e) Septic haulers/truckers discharge charges. Septic tank trucks discharging at the City wastewater treatment plant shall be charged using the following formula based on the 10,000-gallon monthly average wastewater flow estimate for single-family dwelling unit and 77% of the service charges of treatment and disposal of septage including administration and pretreatment. The maximum rates for price per gallon and minimum charges are shown in the table below; actual rates shall be set by Council each fiscal year and can be found in the City's annual fee schedule on the City's website. The charge per gallon is calculated per the formula below.

[Figure]

(1) Minimum charge per dump shall be greater than 400 gallons per dump.

Septic Discharge Charges per Gallon

(f) Permitted industrial user charges. Industrial users permitted through the City's pretreatment program shall be required to pay the charges in accordance with Section 6-5.408 of this chapter, as approved annually by City Council.

(g) Annual adjustments. Annually on July 1 of each year, fees and charges in Sections 6-5.507(a), 6-5.507(b), and 6-5.508 shall be adjusted based on the previous April value of the Twenty City Average of Engineering News Record Construction Index.

(h) The wastewater discharge permit fees in reference to Section 6-5.403.A shall be adjusted annually based on the wastewater service charge increases. The following table enumerates the maximum charges authorized following the 2016 Proposition 218 process. Actual rates are subject annually to Council approval, which may be found in the City's annual fee schedule on the City's website.

(1) Industrial users with more than one wastewater effluent discharge monitoring point shall be assessed an additional $500 annual fee per additional effluent monitoring point.

Wastewater Discharge Permit Fee Schedule

(i) Outside City user's charges. Reserved for future use.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

All charges contained in this section shall be found in the City's fee schedule document.

(a) Purpose and application. A special sewer connection fee shall be applied solely and strictly to the service area known as "Sewer Trunk Line Facilities for West Yuba City Area" in accordance with the City Resolution 02-097 dated July 16, 2002. The Sewer Trunk Line Facilities for West Yuba City Area Map is on file at the office of the Public Works Director. The general boundaries of the service area are: Pease Road to the north, Bogue Road to the south, Township Road to the west and variable locations, west of State Route 99, to the east.

(b) Schedule of special connection fee and collection thereof. All the latest and current charges shall be found in the City's fee schedule document. The City updates the fee schedule document annually and posts it on the City's website. The charges shall be divided into two categories:

West Yuba City sewer trunk, residential, calculated per lot.

West Yuba City sewer trunk, commercial, calculated per plumbing fixture unit.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) Purpose/findings/definitions.

(1) Purpose.

(i) To authorize and establish a procedure for levying assessment installments in lieu of payment of fees associated with the initial extension and connection of sanitary sewer service as outlined in Section 6-5.3, Rules and regulations and Section 6-5.5, Sewer service charges.

(2) Findings.

(i) There remain within the City's sphere of influence a number of residential and non-residential premises which are still being served by private septic systems rather than being connected to the City wastewater collection system.

(ii) One means of facilitating connection of the premises to the City wastewater system is to provide the owners of such premises with an alternate means of financing the wastewater extension and connection fees for assessment installments in lieu of lump sum payment of the fees, which ordinarily become due and payable at the time of connection of the premises to the City wastewater system and before service is established, per the provisions of Section 6-5.503, Sewer connection charges and Section 6-5.504, Sewer extension charges.

(iii) The intent in enacting this section of this Code is to provide such financial assistance by allowing payment of such fees over a ten-year period through the levying of assessment installments in lieu of payment of wastewater fees in the manner provided for by this section.

(3) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(i) Wastewater fees shall mean any and all fees and charges associated with the extension and connection of new regular wastewater services, as described in Section 6.5.5, Sewer service charges.

(ii) Assessment installments shall mean the assessments levied on the property's taxes over a ten-year period following approval by the City Council and direction to the County Auditor. This shall include any interest thereon or subject administrative fees.

(iii) Engineer shall mean the City Engineer, who may also be the Public Works Director.

(iv) City wastewater service area shall mean the area within the City's incorporated limits and sphere of influence which is or may be served by the City wastewater collection system.

(b) Applicability. The provisions of this section shall apply to and authorize the levy of assessment installments in lieu of payment of wastewater fees for the following residential and non-residential premises within the City wastewater service area connecting to the City wastewater collection system:

(1) Premises within the incorporated territory of the City of Yuba City. Where premises connecting to the City wastewater collection system are located in that part of the City wastewater service area within the incorporated territory of the City, this section shall authorize the levy of assessment installments in lieu of payment of wastewater fees if, and only if, such assessment has been approved and authorized by the City Council, and if such premises are presently being served by a private septic system, it will be abandoned entirely per the regulations and requirements of Sutter County Environmental Health.

(2) Premises within the City's sphere of influence in the County of Sutter. Where the premises being connected to the City wastewater collection system are located in that part of the City wastewater service area within the City's sphere of influence in the County of Sutter, this section shall authorize the levy of assessment installments in lieu of payment of wastewater fees if, and only if, such assessment has been approved and authorized by the City Council; if such premises are presently being served by a private septic system, it will be abandoned entirely per the regulations and requirements of Sutter County Environmental Health; and upon execution of an extraterritorial agreement with the City.

(c) Petition for levying assessment installments in lieu of payment of wastewater fees.

(1) Proceedings for levying assessment installments in lieu of the payment of wastewater fees shall be initiated by a petition filed in the office of the Engineer.

(2) Such petition shall describe the premises to be connected to the City wastewater collection system by street address or other method sufficient to enable the Engineer to identify the location and boundaries of such premises; shall include a declaration that if such premises are presently being served by a private septic system, it will be abandoned entirely per the regulations and requirements of Sutter County Environmental Health; and shall be signed by and set forth the mailing address of all persons owning an interest in the fee title to the premises.

(3) Any such administrative or operational costs incurred by the processing of the petition in the manner provided for by this section may be charged as a petition fee at the discretion of the Engineer.

(d) Report of Engineer on assessment petition.

(1) Following receipt of an assessment petition, the Engineer shall promptly cause a report to be made on the petition.

(2) The report shall set forth the following:

(i) A description of the premises which are the subject of the petition both by legal description and assessor's parcel number;

(ii) The name and mailing address of all persons owning an interest in the fee title to such premises;

(iii) A determination as to whether the premises are located in that part of the City wastewater service area within the incorporated territory of the City or that part of the City wastewater service area within the City's sphere of influence in the County of Sutter;

(iv) A computation of the total amount of the wastewater fees which would become due and payable in accordance with the provisions of Sections 6-5.5 of this chapter at the time of connection of the premises to the City wastewater collection system and before service is established; and

(v) A schedule of the assessment installments to be levied against the subject premises in order to pay all such wastewater fees, together with interest and an administrative fee thereon, in ten annual installments, all at the time, in the amounts, and in the manner hereinafter provided by this section.

(3) Following completion of such report, the Engineer shall cause the petition and report to be brought before the City Council for consideration for approval and authorization.

(e) Consideration of assessment petition by City Council.

(1) On the date and at the time of the City Council meeting on the assessment petition, the City Council shall consider the assessment petition, the report of the Engineer on the assessment petition, and any other relevant matters bearing on the petition and/or the assessment installments to be levied in lieu of payment of wastewater fees pursuant to the assessment petition.

(2) Following consideration, of the assessment petition and report, the City Council may, by resolution:

(i) Grant the petition and levy assessment installments in lieu of payment as outlined herein this section;

(ii) Direct the City Manager, Engineer, Finance Director, and any other necessary staff to conduct any required action(s);

(iii) Approve an extraterritorial agreement in cases where the subject premises fall outside of City limits but within the City's sphere of influence.

(f) Establishment of assessment installments.

(1) Upon receipt of a certified copy of a resolution of the City Council levying assessment installments in lieu of payment of wastewater fees, the Engineer shall cause the resolution to be recorded in the official records of the County of Sutter.

(2) After the date of such recordation, the assessments provided for by such resolution shall constitute a lien upon the premises which are the subject of the resolution which shall have the priority and effect of an assessment lien as provided for by Article 13, Chapter 4, Part 1, Division 2, Title 5 of the California Government Code (commencing with Section 53930) or any other law of the State of California applicable to assessment liens levied by a municipality.

(3) Following recordation, the Engineer shall ensure that such resolution be transmitted to the Sutter County Auditor with the request that the assessment installments levied by the resolution be added to the County tax rolls at the time and manner provided therein.

(4) Thereafter, all assessment installments provided for in the resolution which become due in any year, together with all interest thereon, shall be payable in the same manner and at the same time that general taxes of the County on real property are payable, and such assessment installments and all interest and fees thereon shall become delinquent at the same time and bear the same proportional penalty and interest after delinquency as do the general taxes of the County on real property.

(g) Assessment installments.

(1) Timing of payment. Assessments in lieu of the payment of wastewater fees, including interest thereon and any required administrative fees, shall be levied in ten equal installments of principal, interest, and administrative fees due and payable as follows:

(i) Where the resolution levying the assessment installments is adopted by the City Council between January 1 st and July 10 th , assessment installments shall be due payable commencing on November 10 th of the calendar year in which the resolution was adopted and on November 10 th of each year thereafter until all assessment installments have been paid in full, November 10 th being the same date that County property taxes are due and payable under the laws of the State of California.

(ii) Where the resolution levying the assessment is adopted by the City Council between July 11 th and December 31 st , assessment installments shall be due and payable commencing on November 10 th of the calendar year next succeeding the calendar year in which the resolution was adopted and on November 10 th of each year thereafter until all assessment installments have been paid in full.

(2) Calculation of interest. Interest on assessment installments shall be computed on the basis of an interest rate equal to the rate of cash held in pooled investments (LAIF), as calculated and published for the previous fiscal quarter, together with all appurtenant documents and fees required by this section, is filed in the office of the Engineer, plus 2% annual interest and an annual administrative fee of 2%.

(3) Prepayment. Assessment installments may be prepaid at any time between the date of adoption of the City Council resolution and the date the last assessment installment is due and payable by depositing with the Treasurer-Tax Collector of the County of Sutter a sum equal to the principal, interest, fees, and any penalties due on any delinquent installments on prior tax years and a sum equal to the principal, interest, and fees due on the current tax year assessment roll, and then depositing with the City Finance Director a sum equal to the unpaid principal of any remaining assessment installments, exclusive of any interest or fees thereon.

(i) Upon prepayment of the remaining assessment installments, the City Finance Director shall request the Sutter County Auditor to remove all such assessment installments from the County tax rolls and shall also cause the assessment lien levied by the City Council resolution to be released in the manner herein provided by this section.

(4) Penalty for unpaid assessment installments. In the event any assessment installment levied per this section and/or any interest, penalties, or other charges accruing thereon are not paid when due, the City Council may, not later than four years after the due date of the last such installment, order that the same be collected by an action brought in the Superior Court to foreclose the lien thereof, all in the manner provided for by the Improvement Bond Act of 1915, as set forth in Part 14, Division 10 of the Streets and Highways Code.

(h) Release of assessment lien. Where all assessment installments levied in the manner provided for by this chapter have been paid in full, either by reason of the prepayment of such assessment installments or otherwise, the Finance Director shall execute and record in the official records of the County of Sutter a notice stating that the assessment lien levied by the City Council resolution is being released.

(Ord. No. 001-22, § 3, 1-18-2022)