Chapter 10.05 SEWERS

“Person,” as used in this article, means and includes any private individual or individuals of either or both sexes and any private or quasi-public corporation or corporations of either or both. [Ord. 85 § 3, 1939]

10.05.020 Health nuisances.

No person within the corporate limits of the city of Biggs shall suffer, or permit any premises belonging to or occupied by such person, or under his, her or their control to suffer, any cellar, vault, privy, cesspool or septic tank, sewer, basin, or private drain thereon or therein to become nauseous, foul or prejudicial to the public health or public comfort. [Ord. 85 § 1, 1939]

10.05.030 Premises required to connect to sewer.

No person owning or occupying or having under his or her control any premises situated or being within 150 feet of a public sewer running through any street or alley in the city of Biggs shall construct or maintain or suffer to be or remain upon such premises so owned, occupied or controlled any sink, drain, privy or other fixture which may be hereinafter mentioned, except that such sink, drain, privy or other fixtures hereinafter mentioned shall comply with the requirements in this article. [Ord. 85 § 2, 1939]

10.05.040 Exceptions – Dispute settlement.

(1) The city council can, at its discretion upon application from a property owner, waive the requirement that property within 150 feet of a public sewer line in a public street or alley be connected if the cost of that connection is not feasible, in that a sewer connection would exceed five times the cost of a septic tank installation.

(2) In the event of a dispute between the land owner and the city council as to the cost variation, the city council shall be the final judge of the cost figures. [Ord. 289 §§ 1, 2, 1990]

10.05.050 Plumbing inspector – Sewer committee – Created.

(1) The office of plumbing inspector in and for the city of Biggs is hereby created, said plumbing inspector to be appointed by the city council of the city of Biggs and to hold office during the pleasure of the said city council, and until another person shall be appointed, or the office abolished.

(2) A sewer committee is hereby created, consisting of members of the city council, and the plumbing inspector shall be subject to their wishes. [Ord. 85 § 4, 1939]

10.05.060 Construction materials.

All persons owning or occupying or having under his or her control any premises situated or being within 150 feet of a public sewer running through any street or alley in the city of Biggs shall construct their private drains and water closets, basins, sinks, baths and other plumbing fixtures therewith by means of transite pipe, or pipe of equal quality, not less than four inches in diameter and shall be constructed in such a manner that it can be effectually flushed and cleansed and shall also be provided with a trap, which will effectually prevent the escape of gases from the sewer into such dwelling house or building or outhouse. [Ord. 133 § 1, 1960]

10.05.070 Water closets.

All persons owning or occupying or having under his or her control any premises situated or being within 150 feet of a public sewer running through any street or alley in said city shall use in all privies on said premises a water closet of approved pattern. [Ord. 85 § 6, 1939]

10.05.080 Connections – Compliance required.

All connections of private drains or sewers with the public sewer of said city shall be made in accordance with this article. [Ord. 85 § 7, 1939]

10.05.090 Connections – Permit – Required.

No person or corporation shall make any connection with any part of the public sewers, or opening into such public sewers, without written permit of the plumbing inspector. Said connection with the sewer must be made during the presence and under the supervision of the plumbing inspector. [Ord. 85 § 8, 1939]

10.05.100 Connections – Permit – Applications.

Application for permits to connect with the sewers must be made in writing by the owner of the property to be drained, or his authorized agent. Such application shall give the precise location of the property, the name of the owner, and the name of the person employed to do the work. [Ord. 85 § 9, 1939]

10.05.110 Connections – Permit – Revocation.

All permits to connect with the sewers shall be given upon the express condition that the committee on sewers may at any time before the work is completed revoke and annul the same unless the work is done in accordance with the provisions of this article and no person or party interested shall have any right to claim damages in consequence of such permit being revoked or annulled. [Ord. 85 § 10, 1939]

10.05.120 Prohibited connections.

No person or corporation shall connect any open gutter, cesspool, privy, vault, cistern or cellar with any public sewer or with any private sewer connected with the public sewer. [Ord. 85 § 11, 1939]

10.05.130 Rainwater pipes.

No rainwater leader pipe shall be connected with the public sewer or with any private sewers connected with the public sewer. [Ord. 85 § 12, 1939]

10.05.140 Disturbing streets.

No person shall dig in or otherwise disturb the surface of any of the streets or alleys in the city of Biggs, or lay any pipe therein or thereon, without first having obtained a permit therefor, and no pipe shall be laid until the plumbing inspector shall have been given 24 hours’ notice, which said notice shall particularly set the time at which said work is to be commenced. [Ord. 85 § 13, 1939]

10.05.150 Damaging appurtenances.

No person or corporation shall injure, break, or remove any portion of a manhole, lamphole, flush tank, or any part of the public sewer. [Ord. 85 § 14, 1939]

10.05.160 Prohibited discharges.

No person or corporation shall deposit any garbage, offal, dead animals, sand, rags, potato peelings, vegetable offal, or any substance having a tendency to obstruct the flow of the sewerage in any manhole, lamphole, flush tank, water closet, sink, catchbasin, urinal, or any other plumbing fixture or fixtures connected with the sewer system of the city of Biggs. [Ord. 85 § 15, 1939]

10.05.170 Disconnection to prevent injurious discharges.

The sewer committee shall have the power to stop or disconnect any private drain from which substances are discharged which are liable to injure the sewer or obstruct the flow of the sewerage. [Ord. 85 § 16, 1939]

10.05.180 Enforcement.

(1) It shall be the duty of the plumbing inspector to notify in writing all persons owning or occupying or having under his or her control any premises situated or being within 150 feet of a public sewer running through any street or alley in the city of Biggs to connect their private drains, water closets, basins, sinks, baths, and other plumbing fixtures with such sewer in the manner provided for in this article.

(2) Any person owning or occupying or having under his or her control any premises, as above provided, who shall fail, refuse, or neglect to commence work within 10 days from the date of the service of the aforesaid notice and diligently, and without interruption, prosecute the same to completion shall forfeit as a penalty therefor the sum of $5.00 for each day’s delay in commencing such work after the expiration of said 10 days’ notice as aforesaid and after the commencement thereof. Such penalty shall be recovered for the use of said city of Biggs by prosecution in the name of the people of the state of California, in the court having jurisdiction thereof and shall be paid into the treasury of the city of Biggs to the use of said city and may be applied if deemed expedient by the city council of the city of Biggs, in the payment of the expenses of such work not otherwise provided for.

(3) Should said owner or occupant or person having under his or her control such premises still fail, neglect or refuse to connect their private drains, sinks, and privies with such sewer, after the recovery by said city of Biggs, may order the plumbing inspector to do said work and the cost thereof shall be recovered in an action brought in the name of the city of Biggs for such purpose, or if deemed expedient by said city council the costs of such work may be paid from moneys recovered as a penalty under this section. [Ord. 85 § 17, 1939]

10.05.190 Manholes and other appurtenances.

No persons or person, except the street commissioner or plumbing inspector, shall remove or interfere in any manner with the coverings of manholes, lampholes, flush tanks, or catchbasins of the sewer system of the city of Biggs. [Ord. 85 § 18, 1939]

10.05.200 Authorized cesspools and septic tanks.

When the premises are not within 150 feet of the city sewers, cesspools or properly constructed septic tanks must be constructed and be in size not less than six feet by six feet. The top of said cesspool or septic tank is to be not less then one foot below the surface of the ground. [Ord. 85 § 19, 1939]

10.05.210 Cesspool regulations.

Said cesspool must not be placed within 20 feet of any part of any dwelling, and house drains connecting therewith must be trapped and connected the same as house drains connecting with the city sewer. [Ord. 85 § 20, 1939]

10.05.220 Connections – Notification to city.

No person or persons shall be permitted to connect with the private drain from any building, premises or fixture with the sewer system of the city of Biggs until they have first notified the plumbing inspector of the city of Biggs of such intended connection together with a statement of the method to be used, and no trench covering such connection or the pipe connecting said building, premises or fixtures with said city shall be covered with earth or other material until the same shall have been inspected and approved by the plumbing inspector of the city of Biggs and if said pipe and connection fails to receive the approval of said plumbing inspector the same shall be reconstructed under the supervision of said inspector and shall not be finally covered until full approval thereof has been given. [Ord. 85 § 22, 1939]

10.05.222 Sewer laterals – Installation.

All lateral(s) and similar pipe(s), and their appurtenances, connecting any property to the city’s sewer mains shall be installed in conformity with applicable law by and at the sole expense of the owner of the property which such facilities serve. [Ord. 370 § 1, 2006]

10.05.224 Sewer laterals – Responsibility for maintenance.

The owner of the property which such facilities serve shall maintain such laterals, similar pipes and appurtenances from the premises which such facilities serve to the property line of the property. The city shall maintain such facilities from said property line to the city’s sewer main. [Ord. 370 § 1, 2006]

10.05.226 Sewer laterals – Failure to maintain – Action by city.

If an owner of property served by the city’s sewer system fails to maintain the sewer lateral(s) and/or other pipe(s) connecting the property to the sewer main as required in BMC 10.05.224 after 10 days’ written notice (or less, in the case of an emergency), the city, in its discretion, may undertake to perform such maintenance work and will charge the owner the actual cost of such work. This charge shall be added to the service bill or, at the city’s discretion, may be billed directly to the owner. If this bill is not paid timely in the method and manner as provided herein for service charges, generally, the amount of such unpaid bill may become a lien upon the real property and be collected at the same time and in the same manner as all taxes on real property in the city. [Ord. 370 § 1, 2006]

10.05.230 Rules and regulations.

The city council of the city of Biggs is hereby authorized to establish by resolution or ordinance such rules and regulations for the carrying on of this article as may be necessary and proper. [Ord. 85 § 23, 1939]

Article II. Sewer Fees

10.05.240 Monthly sewer rates.

Pursuant to the authority granted to it by state law, the city of Biggs hereby establishes the following monthly sewer service rates per connection per month and the following sewer service improvement fees per connection per month:

City of Biggs

Monthly Sewer Rates
			Monthly Rate Effective
FEE CATEGORY	CUSTOMER SECTOR	Current	7/1/2013	1/1/2015	1/1/2016
SEWER SERVICE CHARGE per connection per month	Residential/ Apartment	$27.12	$50.44	$55.90	$65.90
	Tavern or Bar	$35.50	$66.03	$73.17	$86.26
	Beauty Salon at Home	$30.50	$56.72	$62.87	$74.11
	Churches and Halls	$28.04	$52.15	$57.80	$68.13
	Commercial	$33.79	$62.85	$69.65	$82.11
	Wild Rice Mill	$49.64	$50.44	$55.90	$65.90
	Specialty Rice Mill	$52.10	$81.69	$90.53	$106.73
	Sunwest Main Rice Mill	$49.64	$237.57	$263.29	$310.39
	Market	$48.34	$89.90	$99.64	$117.46
	Office Buildings	$33.79	$62.85	$69.65	$82.11
	Mini-Mart	$39.18	$72.87	$80.76	$95.21
	Service Station	$41.18	$76.59	$84.88	$100.06
	Industrial	$52.10	$96.90	$107.39	$126.60
	Memorial Hall	$33.79	$62.85	$69.65	$82.11
	Restaurant	$42.91	$79.81	$88.44	$104.27
	Day Care	$50.26	$93.48	$103.59	$122.13
	Elementary School	$132.98	$247.33	$274.10	$323.13
	High School	$132.98	$247.33	$274.10	$323.13
	Minimum Charge –Any User	$27.12	$50.44	$55.90	$65.90
SEWER IMPROVEMENT FEE per month per connection		$7.60	$8.30	$8.40	$8.50
TOTAL CHARGE for sewer service shall be the sum of the service charge and the sewer improvement fee.

(1) The city of Biggs is hereby directed to collect the sewer service charge and the sewer improvement fee every month on the water bill.

(2) The sewer operating fund is hereby established, and all sewer service charges collected shall be placed therein. The sewer improvement fund is hereby established, and all sewer improvement fees collected shall be placed therein.

(3) Failure to pay the sewer service charge or the sewer improvement fee when the water bill is due shall be grounds for the disconnection of the water service. [Ord. 397 § 2, 2013]

10.05.250 Connection fee.

The city of Biggs users of the sewer system and property owners have borne the costs for the existing sewer system in the city of Biggs, which includes treatment plants, sewer pump stations, sewer ponds, manholes and mains and other related maintenance materials and equipment. New connections by owners of property or proposed users of the sewer system will involve use of these existing sewerage facilities which were paid for, or have been constructed for, and are owned by the city of Biggs. Therefore, a sewer connection fee must be paid to the city of Biggs for any connection to the city sewerage system which will result in an increase in sewer volumes or flows. The amount of said sewer connection fee shall be as determined by the city council. [Ord. 193 § 1, 1975]

10.05.260 Collector fee.

Each property which is proposed to be sewered will be served by a public street, an alley or sewer easement which is adjacent to the property to be served. Initial construction costs of said collector sewer main must be borne by the property owners to be served. A sewer collector fee must be paid to the city by persons desiring to connect directly to an existing collector sewer main which was installed without direct or indirect cost to the connecting property. The amount of said sewer collector fee shall be as determined by the city council. [Ord. 193 § 2, 1975]

10.05.270 Lateral fee.

Each property which is proposed to be sewered will be served by a sewer lateral which extends from the collector sewer main to the property or easement line. Initial construction costs of said sewer lateral must be borne by the property to be served. A sewer lateral fee must be paid to the city if this work is performed by the city or by city contract. The amount of said sewer lateral fee shall be as determined by the city council. [Ord. 193 § 3, 1975]

10.05.280 Permit fee.

Work performed by others on the city sewer system must be performed in accordance with city of Biggs standards and specifications and shall be performed only after a permit is obtained from the city. The city will inspect the work performed. A sewer permit fee shall be paid which amount shall be determined by the city council. [Ord. 193 § 4, 1975]

10.05.290 Reimbursement agreements.

Whenever sewer service to a property requires construction of more than 150 feet of off-site sewer main to the property, or construction of a sewer pump station or other unusual sewer facilities, these costs must be borne by the person or properties to be serviced. However, if these additional facilities will potentially serve other properties, the city may enter into a reimbursement agreement for a refund of these costs. Said refund amount will be based on the sewer connection fees received by the city as per BMC 10.05.250. Payment will be paid at 40 percent of the total sewer connection fees received by the city for the fiscal year after completion and acceptance by the city and each fiscal year thereafter. The amount reimbursed by the city shall not exceed the amount agreed to in the reimbursement agreement. Said agreement shall be for a period not to exceed 10 years. [Ord. 193 § 5, 1975]

10.05.300 Outside city limits.

No parcel of land situated outside of the limits of the city of Biggs shall in any manner be or have any structure thereon connected to the sanitary sewerage system of the said city, except by special agreement with the city council. [Ord. 193 § 6, 1975]

10.05.310 Prohibited discharges – Enforcement.

(1) The sanitary sewer system is primarily for human wastes. Other discharges into this system are prohibited, as follows: storm drainage or rainwater; industrial wastes; water with more than 100 parts per million by weight of fat, oil or grease; flammable or explosive material; corrosive type materials; toxic or poisonous substances; or septic tank sludge.

(2) If after 30 days’ notice in writing to correct a violation of subsection (1) of this section, the property owner does not undertake said correction, the city council of the city of Biggs can shut off sewer service and water service until the correction is made.

(3) The sewer and water shall be cut off only after a public hearing is held and the property owner is given 10 days’ notice of the time and place of the hearing.

(4) Also, if after 30 days’ notice in writing to correct a violation of subsection (1) of this section, the property owner does not undertake to make the correction, the city council of the city of Biggs can, if it so chooses, enter the premises, make the correction, and charge the cost to the property owner.

(5) Before the city undertakes the correction, it shall set a hearing with 10 days’ notice notifying the property owner to appear and to show cause why the city should not undertake the correction. After said hearing, the city can either grant more time or can make its order to proceed with the correction.

(6) After the corrections have been made, the city shall conduct another public hearing giving 10 days’ notice to the property owner to establish the cost of the corrections, at which time the property owner may appear and protest. Upon the cost of the correction being established by the city council by resolution of the city council, the cost shall be made a lien against the land, and the resolution shall be recorded with the county recorder of the county of Butte and filed with the county assessor for the purpose of placing the cost on the next tax assessment role.

(7) City also reserves the right to reduce the cost of correcting the violation to a judgment. [Ord. 247 §§ 1 – 7, 1983; Ord. 193 § 7, 1975]

10.05.320 Fee setting.

Pursuant to the provisions of Section 5471 of the California Health and Safety Code, fees pursuant to this article shall be set from time to time by the city council by ordinance. [Ord. 346 § 1, 2004; Ord. 193 § 9, 1975]

10.05.330 Misrepresentations.

The willful misrepresentation of any material fact with knowledge of its falsity or without reasonable cause to believe it to be true to any city officer, or the city council, with the intent thereby to influence his or its official action herein shall be a violation of this article. [Ord. 193 § 10, 1975]

10.05.340 Violations.

Any person, firm, or corporation violating any provision of this article shall be guilty of a misdemeanor. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this article is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided. [Ord. 193 § 11, 1975]