Chapter 13.52
SEWER RATES AND CHARGES1
Sections:
13.52.010 Applicant – Payment of charges – Exception.
13.52.020 Special sewerage service.
13.52.030 General wastewater service rates.
13.52.045 Decision by public works director – Appeal.
13.52.010 Applicant – Payment of charges – Exception.
An applicant for sewerage service shall pay the charges imposed by BMC 13.52.040, except where specifically exempt; however, no applicant is required to pay lateral sewer installation charges or frontage charges if the applicant performs the work covered by these charges. (Ord. 12-09 § 1; prior code § 7-623).
13.52.020 Special sewerage service.
The charges for sewerage service covered by the special contract for discharge of waste as defined in BMC 13.50.340, and for any service not specifically covered by BMC 13.52.010 through 13.52.045, shall be fixed in an applicable agreement for service. (Ord. 12-09 § 1; Ord. 91-14 N.S. § 1, 1991; prior code § 7-622).
13.52.030 General wastewater service rates.
A. The rates and charges for wastewater service shall be established, and may be amended or revised from time to time, by resolution of the city council. Such rates and charges shall constitute the charges for supplying wastewater service to any customer and shall be collected by the finance department of the city.
B. Low-Income Discount.
1. The only customer eligible to receive the low-income discount is Casa de Vilarrasa.
2. The discount is applicable to residential wastewater service only and will only be applied to rates for general wastewater service.
3. The low-income discount shall be established, and may be amended or revised, from time to time, by resolution of the city council.
C. Refund of Charges.
1. Whenever the amount of any wastewater service charge has been overpaid, or paid more than once, or has been erroneously or illegally collected or received by the city, it may be refunded as provided in this section.
2. The claimant or his or her guardian, conservator, executor or administrator must submit a written application to the city’s public works director within six months of the alleged overpayment or erroneous or illegal collection. The application must clearly establish claimant’s right to the refund by written records.
3. Upon receipt of the claim, the city’s public works director will evaluate the request and provide a written evaluation of his or her analysis, including any refund due, within 60 days.
4. Any customer aggrieved by the public works director’s decision with respect to its refund request may appeal to the city manager by filing a notice of appeal with the city clerk, within 15 days of the decision. The city manager will render a written decision within 60 days of the filing of the appeal. The findings of the city manager shall be final. Any amount found to be due shall be immediately due and payable upon the service of notice. (Ord. 21-10 § 2; Ord. 16-06 § 1; Ord. 12-09 § 1; Ord. 03-11 §§ 1, 2; Ord. 99-15; Ord. 99-8; Ord. 95-12 N.S.; Ord. 95-8 N.S.; Ord. 95-1 N.S.; Ord. 93-16 N.S. § 1, 1993; Ord. 91-14 N.S. § 2, 1991; Ord. 91-8 N.S. § 1, 1991; Ord. 90-8 N.S. § 1, 1990; Ord. 89-13 N.S. § 1, 1989; Ord. 89-5 N.S. § 1, 1989; Ord. 88-11 N.S. § 1, 1988; Ord. 86-5 N.S. § 1, 1986; Ord. 85-13 N.S. § 1, 1985; Ord. 80-10 N.S. § 1, 1980; Ord. 80-1 § 2, 1980; Ord. 76-9 N.S. § 1, 1976; prior code § 7-621).
13.52.040 Sewer capacity fee.
An applicant for sewerage service shall pay a sewer capacity fee as follows:
A. Findings and Intent. The city council hereby finds and declares that:
1. New connections to the city’s sewer system cost the city resources that, without the collection of capacity fees, are funded by the city for the benefit of solely the owner of the new connection. The purpose of this section is to recover the costs of current and future facilities and assets needed to provide sewer capacity to new or expanded service connections to the city’s sewer system.
2. It is the city’s intent and desire (General Plan: Policy 2.40) to recover the costs of new or expanded sewer service connections.
3. The imposition of capacity fees is one of the customary methods of ensuring that new connections to the city’s utility systems bear a proportionate cost of the resources necessary to accommodate the new connection.
4. The provisions of this section are enacted pursuant to the city of Benicia general plan and Section 54999 et seq. of the California Government Code.
B. Purpose of Fee. The purpose of the sewer capacity fees is to fund a proportionate share of the costs of existing and future sewer system facilities and assets that are reasonably necessary to provide sewer capacity to new development. For the purpose of this section, “new development” means all new building construction, conversion to a new use, or additional use within an existing building that creates a need for additional sewer capacity.
C. Establishment of Sewer Capacity Fee. Except as otherwise provided in this chapter, persons applying for new or expanded sewer service shall pay a sewer capacity fee in an amount established by resolution of the city council in accordance with a nexus study that demonstrates that the fees do not exceed the estimated reasonable cost of providing the service for which the fees are imposed.
D. Increased Sewer Service. An applicant for increased sewer service capacity over and above the existing service at a property shall pay a capacity fee in the amount set by city council resolution.
E. Determination of Required Fees.
1. The public works director, or the director’s designee, shall be responsible for determining the fees required by this section. This determination shall be made at the time of application for increased sewer service.
2. The sewer capacity fee may be modified automatically on an annual basis in accordance with the change in the Engineering News Record (“ENR”) construction cost index for the San Francisco area. This adjustment shall not require any action of the city council.
F. Payment of Fee.
1. Capacity charges for new or increased sewer service shall be paid at the time of application for such new or increased service.
2. An applicant for new or increased sewer service required to pay a capacity charge by this chapter may apply for a deferral of the capacity charge. The application shall be reviewed and considered by the public works director, and shall be granted if the applicant’s project meets the criteria for fee deferrals established by city council resolution.
3. If new development changes or intensifies the existing use on the project site, thereby requiring the payment of a new or additional sewer capacity fee, the fee amount associated with the existing use on the project site shall be credited against the new total fee due, as determined by the public works director; provided, however, that in no event shall the city refund the fees previously paid.
G. Sewer Capacity Fee Fund. The revenues from the sewer capacity fee shall be deposited in a segregated sewer capacity fee fund for the purpose of funding public facilities reasonably necessary to provide sewer capacity service to new or expanded connections to the city’s sewer system.
H. Fee Adjustments.
1. Any person subject to a fee required by this chapter may apply to the public works director for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that applicant’s residential development project on sewer capacity in the city’s sewer system and the amount of the fee charged or the type of facilities to be provided.
a. Application. An applicant shall file a written request to adjust fees with the public works director not later than 10 days after the city notifies the developer of the amount of the fee to be charged. Additional time, as determined by the public works director, will be allowed when significant additional information is required of the developer. The application shall provide evidence illustrating that the payment of the fee authorized by this chapter and imposed by implementing resolution bears no reasonable relationship or nexus with the impact of the development on sewer capacity in the city’s sewer system and shall state in detail the factual basis for the request for reduction, adjustment or waiver. If an applicant desires to obtain the new or increased sewer connection prior to the completion of the appeal process, the applicant shall deposit the fee being appealed with the application. Such fee or portion thereof will be refunded if the appeal is successful.
b. Decision of the Public Works Director. The public works director shall issue a decision on the application within 30 days after the application is filed with the public works department. The public works director’s decision shall state his or her determination regarding the amount of the sewer capacity fee that may reasonably be imposed on the new development and include a brief description of the basis for the director’s decision.
c. Appeal of the Decision of the Public Works Director. Decisions of the public works director may be appealed to the city manager. Appeals must be filed within 10 days of the public works director’s decision. The city manager shall review the application and evidence presented to the public works director and issue a decision within 15 days.
I. Fee Credits for Improvements Extra to the Project. An applicant for additional sewer service may be entitled to a reduction in the amount of the sewer capacity fees required by this chapter, in an amount to be determined by the public works director, if that person’s development project was required to construct specific sewer system improvements which are extra to the project. The public works director’s determination of the amount of reduction required pursuant to this section shall be based upon the developer’s actual costs reasonably incurred for the construction of the sewer improvements. (Ord. 21-01 § 5 (Att. 5)).
13.52.045 Decision by public works director – Appeal.
Decisions of the public works director may be appealed to the city manager in accordance with Chapter 1.44 BMC. (Ord. 12-09 § 1; Ord. 07-46 § 1; Ord. 80-1 N.S. § 5, 1980).
Prior legislation: Prior code § 7-625.