Chapter 6.4 SEWAGE DISPOSAL

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: Sections 6-301 through 6-302 of Article 3 of Chapter 6 of the City of Fresno Municipal Code are hereby adopted by reference, except that:

(a) “Assisted living” shall mean a building or group of buildings containing individual living units or rooms for occupancy by infirm persons who require living assistance in the form of housekeeping services, meals, recreational programs, laundry services, shopping and transportation services, and/or limited medical care not involving a physician.

(b) “City” shall mean the City of Clovis.

(d) “Council,” unless otherwise specified, shall mean the Clovis City Council.

(e) “Director,” unless otherwise specified, shall mean the Director of Public Utilities of the City.

(f) “Gross building area” or “building square footage” shall mean the cumulative square footage of the building; in the case of a multi-story building, it shall be the summation of square footage of all floors.

(g) “Gross lot acreage” or “gross acreage” shall mean the total area of the land included within the boundaries of the lot and one-half (1/2) of the area of all frontage streets. For public and nonpublic schools, the gross lot acreage shall include the entire developed site inclusive of plazas, open space, play areas, and sports fields. “Gross parcel” shall mean the parcel of the land included within the boundaries of the lot and one-half (1/2) of the area of all frontage streets.

(h) “Dwelling unit” or “unit” shall mean a room or suite of rooms which is occupied by one family for living and sleeping purposes, including a single-family residence, mobile home, apartment, townhouse, flat, or condominium.

(i) “Equivalent dwelling unit (EDU)” shall be defined as a unit of development that is approximately equivalent in impact to the base unit as established in the justification reports on file with the City or as defined herein.

For hotels, motels, churches, hospitals or similar uses, an “equivalent dwelling unit” shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as each nine thousand six hundred eighty (9,680) square feet of gross lot acreage or fraction thereof. Where a development is a public or nonpublic school providing a K-12 curriculum, and includes nonportable or nonrelocatable building facilities, an “equivalent dwelling unit” shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as twenty-nine thousand (29,000) square feet or fraction thereof of the gross lot acreage. Portable/relocatable buildings that are used to provide additional student capacity for public schools are to be considered on a cumulative, City-wide basis, rather than a site specific basis. The Public School Districts shall be required to provide the City with an annual report containing the total number of portable/relocatable buildings within the City, currently in use for instructional space, together with the total gross building area of each of those portable/relocatable buildings. An “equivalent dwelling unit” shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as one thousand five hundred (1,500) square feet or fraction thereof of the total City-wide instructional space represented by portable/relocatable buildings. A sewer major facilities charge, as set forth in the Master Development Fee Schedule, per equivalent dwelling unit, shall be required for any additional portable/relocatable classroom square footage added within the City that exceeds the previously paid baseline square footage. Moving portable/relocatable classrooms from one location to another, within the City, is not considered a net change in portable/relocatable square footage and will not result in the payment of additional fees. Only the addition of portable/relocatable classroom capacity in excess of the previously paid baseline square footage will be counted as additional equivalent dwelling units for fee purposes.

For mini-storage facilities as defined in Section 9.120.020, “equivalent dwelling unit” shall be defined as each 0.8 acre of gross land area. (§ 1, Ord. 328; as amended by § 1, Ord. 72-25, eff. January 3, 1973; § 1, Ord. 78-16, eff. May 31, 1978; § 1, Ord. 79-3, eff. February 14, 1979; § 1, Ord. 83-13, eff. July 6, 1983; § 1, Ord. 92-2, eff. January 21, 1992; Ord. 96-20, eff. December 18, 1996; § 4, Ord. 00-12, eff. May 31, 2000; § 10, Ord. 02-12, eff. June 5, 2002; § 19, Ord. 04-14, eff. May 5, 2004; § 8, Ord. 13-13, eff. July 12, 2013)

6.4.02 Sewer connections: Required.

(a) Every building or structure in which plumbing fixtures are installed and every premises having drainage piping thereon which conveys sewage or other liquid waters to a legal point of disposal shall be connected to the public sewer if it is available. A public sewer shall be available, for the purposes of this section, if the sewer has been constructed and is available for use in any public street, alley, easement, or right-of-way adjacent to a lot or within one hundred feet (100') thereof, measured along a public street, alley, easement, or right-of-way to the nearest property line to the sewer.

(b) Buildings or structures connected to septic tanks or cesspools at the time a public sewer becomes available shall be connected to the public sewer prior to the expiration of three (3) years from the date when sewer becomes available. Owners may apply for deferment to the City Engineer or the Building Official may issue a permit for the refurbishing of an existing septic system or cesspool for domestic purposes whether or not public sewer is available, for temporary use only, under the following conditions:

(1) The work involves only the repair of an existing domestic septic system and not the installation of a new septic system; and

(2) The City Engineer has determined that repair of the existing septic systems will have minimal detrimental effect to the City public water supply system; and

(3) The owner must construct or agree to construct facilities and pay fees as follows:

(i) If a sewer main is available along the property frontage, the property owner shall install a City standard sewer lateral from the sewer main to the existing property line with the building permit to repair the existing septic system and shall enter into a deferment agreement to connect to the City sewer system and pay applicable City development fees for the connection thereof when the property ownership changes or the property is granted an entitlement which increases the intensity of the land use or adds dwelling units or equivalent dwelling units, whichever occurs first; or

(ii) If a sewer main is not available along the property frontage, the property owner shall enter into a deferment agreement to construct a City standard sewer lateral from the main to the existing property line within ten (10) days after the sewer main becomes available and connect to City sewer and pay applicable City development fees for the connection thereof when the property ownership changes or the property comes in for an entitlement which increases the intensity of the land use or adds dwelling units or equivalent dwelling units, whichever comes first; and

(4) The physical connection between the sewer main and the property line can be financed in accordance with the provisions of Section 6.4.03.2; and

(5) The cost for staff research and document preparation associated with refurbishing septic systems and/or deferring sewer connections shall be paid by the owner.

(c) No person shall cause, suffer, or permit the disposal of sewage or other liquid wastes into any drainage system on any lot which is not connected to a public sewer when such connection is required by the provisions of this section.

(d) Every user of the public sewer shall be connected to the City sewer main by a sewer service lateral. Sewer service laterals shall be installed, maintained, and repaired by the owner of the property which the lateral serves. The entire sewer service lateral from the building connection to and including the wye connection to the sewer main shall be the owner’s responsibility to install, maintain and repair. (§ 2, Ord. 328, as amended by § 5, Ord. 00-12, eff. May 31, 2000; § 8, Ord. 04-39, eff. October 7, 2004; § 1, Ord. 10-06, eff. July 21, 2010; § 8, Ord. 13-13, eff. July 12, 2013)

6.4.03 Sewer connections: Permits required: Charges.

(a) Permits required: Charges. No person shall connect any lot to any public sewer or any house branch sewer without a permit from the City Engineer. No permit shall be issued unless the following charges, when applicable, have been paid:

(1) Front footage sewer charges.

(a) Purpose. The front footage sewer charge provides for reimbursement of one-half (1/2) of the cost to construct eight-inch (8") public sewer mains within streets, alleys, thoroughfares, and easements that serve multiple properties.

(b) Amount of fee. The front footage sewer charge shall be as set forth in the Master Development Fee Schedule per front foot of land sought to be connected. Measurement of front footage shall be based on the dimensions of the gross parcel including all adjacent public streets, alleys, easements, and thoroughfares. On lots with multiple street, alley, thoroughfare, and easement frontages, the total front footage shall be determined by adding the length of all frontages. The total length on any side of the parcel shall not exceed the total length of existing or planned sewer main along that frontage. No front footage sewer charge shall be payable with respect to property which has borne wholly or proportionally the cost of sewer mains and such fact has been, or can be, established to the satisfaction of the City Engineer.

(2) Oversize sewer charges.

(a) Purpose. The oversize sewer charge provides for the difference in construction cost between eight-inch (8") sewer mains at standard depth and larger sewer mains and/or sewer mains constructed at greater depths.

(b) Amount of fee. The oversize sewer charge shall be as set forth in the Master Development Fee Schedule per gross acre.

(3) House branch sewer charges.

(a) Purpose. This fee provides for cost recovery for City forces to supply and construct sewer house branches.

(b) Amount of fee. The house branch sewer charges shall be as set forth in the Master Development Fee Schedule, per lineal foot. The house branch sewer charges are for City installed house branches from the sewer main to property line for four-inch (4") services and six-inch (6") services. Such charges to be computed and paid in advance; provided, however, the provisions of this chapter shall not be construed to require the City to lay any house connection pipe or to extend any main or lateral sewer line.

(4) Major facilities sewer charges.

(a) Purpose. The sewer major facilities fee pays for the construction and financing of major sewer trunk lines, treatment capacity, and recycled water transmission to serve growth.

(b) Amount of fee. A major facilities sewer charge, per unit or per equivalent dwelling unit or per building square foot, as set forth in the Master Development Fee Schedule shall be required for every lot sought to be connected to the sewage system and for additional units or nonresidential building square footage whenever such a lot is redeveloped to a higher number of units or equivalent dwelling units, or additional nonresidential building square footage is added. For wet industry determined by the Director to have unusual high volume or high strength waste, the major facilities sewer charge set forth in this subsection may be increased in direct proportion to the additional sewage treatment plant or facilities required to treat the same over and above that required to treat conventional waste.

The sewer major facilities fee rates shall be established by resolution adopted by the City Council, based upon the justification reports, as those reports may be subsequently amended or supplemented, and upon a determination that there is a reasonable relationship between the amount of the fee and the cost of the public improvement, or portion thereof, attributable to development of which the major street development fees are imposed.

The sewer major facilities fees shall be based on the following:

(i) Residential projects shall pay sewer major facilities fees per dwelling unit.

(ii) Retail, office, and industrial projects shall pay sewer major facilities fees per square foot of building and shall be based on the zoning of the property. Retail rates will apply on properties that are zoned C-1, C-2, C-3, and PCC. Office rates will apply to properties zoned C-P and P-F. Industrial rates will apply to properties zoned C-M, M-1, M-2, and M-P. For properties located within the RT zone district, rates will be based on the land use of the development as it is allowed within the zone districts listed above. For land uses, except those listed above, that are allowed in multiple zone districts the higher of the rate associated with the land use or the rate associated with the zoning shall apply.

(iii) Mini-storage facilities, schools, and assisted living facilities shall pay sewer major facilities fees per equivalent dwelling unit (EDU).

(iv) Private schools providing a K-12 curriculum and meeting the following criteria shall be subject to the rates for schools as set forth in the Master Development Fee Schedule:

1. Campus includes a mix of open space, recreation, or sports facilities and buildings similar to public schools.

2. Open space areas and recreation or sports facilities and assembly buildings are available to the public.

Private schools not meeting the criteria shall be subject to the rates for office projects or the rate associated with the zoning on which the school is sited, whichever is greater.

(i) A lot which on January 3, 1973, is connected to and which has borne a proportional share of the cost of a local sewage system compatible with and connected to a treatment plant shall not be charged the major facilities sewer charge.

(ii) A lot which has paid, or which has been obligated to pay, the required oversize sewer charge, through confirmed assessment district proceedings, prior to January 3, 1973, shall not be charged the major facilities sewer charge.

(5) Any development considered to be public infrastructure, including planned regional, community, and area parks as defined in the Clovis General Plan, water well and booster pump sites, water reservoir sites, water recharge sites, water treatment facility sites, water reuse facility sites, sewer lift station sites, shall be exempt from the payment of oversize and major facilities fees under this section.

(b) Fee payments for subdivisions or lot splits. When land is subdivided or lots are split, the owner, prior to the time the final map or parcel map is approved, shall pay all applicable sewer connection fees. In the case of subdivisions or lot splits where all applicable sewer connection fees were not previously paid for any lot or parcel therein, the fee shall be paid prior to the issuance of a building permit to connect to a sewer as provided in subsection (a) of this section. Payment may be deferred in accordance with the provisions of Sections 3.6.01 through 3.6.05.

(c) Deferred payments for land to continue undeveloped and agricultural and recreational land. When only a portion of a lot is developed and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops or for public recreation uses, the Director may require the payment of the sewer connection fees applicable only to that portion of the lot developed or to be developed; provided, the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet or one-fourth (1/4) of the lot, whichever is greater. The charges on the undeveloped portion shall be deferred only until, and shall be paid upon, the development of the undeveloped portion at the rate applicable at the time of the development of such deferred portion.

(d) The fees set forth in this section shall be due and payable as a condition precedent to and upon the approval of a final tract map, a final parcel map, or a building permit. Payment may be deferred in accordance with the requirements of Chapter 6 of Title 3.

(e) Charges a debt to City. The amount of any sewer charge set forth in this section shall be deemed a debt owing to the City which, until paid, shall be a continuing obligation of the owner of the property for the connection of which the charge was incurred. Any person who makes a connection to the public sewer without having paid such charge in full shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount of such fee. The conviction or punishment of any person for connecting to the public sewer without obtaining a permit shall not relieve such person from paying the charges due and unpaid at the time of such conviction.

(f) All fees, except front footage charges, shall include an administrative charge not to exceed the percentage shown in the Master Development Fee Schedule to cover the cost of the City’s record keeping and handling, except that if sufficient fees are held in the particular fund and general interest sufficient to cover such costs, the administrative charge will be taken from such interest. (§ 3, Ord. 328, as amended by § 1, Ord. 489, eff. July 1, 1970; §§ 2, 3, 4, and 5, Ord. 72-25, eff. January 3, 1973; § 1, Ord. 76-21, eff. May 24, 1976; § 1, Ord. 79-27, eff. August 15, 1979; § 1, Ord. 83-18, eff. October 7, 1983; § 1, Ord. 85-5, eff. April 17, 1985; § 1, Ord. 90-45, eff. December 5, 1990; § 1, Ord. 92-25, eff. September 6, 1992; § 1, Ord. 92-35, eff. January 1, 1993; § 1, Ord. 93-19, eff. August 18, 1993; § 4, Ord. 93-24, eff. December 1, 1993; § 1, Ord. 94-24, eff. October 6, 1994; § 11, Ord. 95-14, eff. June 30, 1995; §§ 1 and 2, Ord. 96-10, eff. July 1, 1996; § 1, Ord. 96-17, eff. October 9, 1996; Ord. 96-10, [repealed January 1, 1970]; Ord. 96-20, eff. December 18, 1996; Ord. 97-11, eff. June 5, 1997; § 5, Ord. 99-5, eff. May 12, 1999; § 6, Ord. 00-12, eff. May 31, 2000; § 1, Ord. 01-13, eff. May 16, 2001; § 12, Ord. 03-15, eff. June 18, 2003; § 8, Ord. 13-13, eff. July 12, 2013; § 2, Ord. 13-25, eff. December 2, 2013)

6.4.03.1 Sewer lift station reimbursement fees.

(a) Purpose. The Council hereby finds and declares that the cost of constructing and furnishing sewer lift stations in certain areas to provide interim service for development is in excess of the sanitary sewer facilities that are generally applicable to other territory in the City and that, in order to protect the public health and welfare and install sewer lift stations, the fees provided for in this section are reasonable and necessary.

(b) Service areas. When it is determined by the City Engineer that a lift station will be constructed to provide interim service for an area within the City, the City Engineer shall determine the likely service area and shall allocate the cost of the lift station and appurtenances to all parcels within the service area according to each parcel’s potential flow generation as determined by the sewer master plan. The costs allocated to each of the parcels within the service area shall be payable upon development of each parcel. If permanent, master planned sewage conveyance that eliminates the need for the interim lift station facilities is provided prior to or in conjunction with the development of a parcel or parcels within the likely service area, the requirement for the remaining parcels in the service area to participate in the cost of the lift station facilities will be terminated.

(1) Such fees shall be paid for each lot or parcel delineated on a subdivision map or parcel map prior to the recording of such map.

(2) In any case where such fee has not previously been paid for a lot or parcel for development on which a building permit involving a connection to the sewer system is required, such fee shall be paid prior to the issuance of a building permit.

(d) Use of fees. The fees collected as provided in this section shall be used toward the cost of the construction, or for the reimbursement of the cost of the construction, of sewer lift stations, sewer pump facilities, and associated force mains within the service area for which the fee was collected.

(e) All fees shall include an administrative charge not to exceed the percentage shown in the Master Development Fee Schedule to cover the cost of the City’s record keeping and handling, except that if sufficient fees are held in the particular fund and general interest sufficient to cover such costs, the administrative charge will be taken from such interest. (§ 1, Ord. 77-48, eff. November 2, 1977; as amended by § 1, Ord. 81-7, eff. March 4, 1981; §§ 1, 2, Ord. 89-27, eff. June 19, 1989; § 1, Ord. 90-41, eff. November 14, 1990; §§ 1, 2, Ord. 92-1, eff. April 3, 1992; § 2, Ord. 93-19, eff. August 18, 1993; § 6, Ord. 07-19, eff. August 3, 2007; § 8, Ord. 13-13, eff. July 12, 2013)

6.4.03.2 Alternate payment of sewer connection charges.

(a) As set forth in Section 6.4.03(d), any sewer charge required shall be a debt owing to the City until paid. This section (Alternate payment of sewer connection charges) will allow the owner of developed property an option for the payment of sewer connection charges to the City when such property is required to connect to the sewer as set forth in Section 6.4.02.

(b) Sewer connection charges and the cost of the house branch from the sewer main to the property line, at the option of the owner of the property to be connected to a sewer, may be made in substantially equal monthly installments upon the execution of an agreement setting forth the terms provided in this section.

(1) The owner requesting installment payments shall file an application therefor and pay in advance any application fee required. The application fee shall be set and adjusted by the Director of Finance to cover the cost for processing the application.

(2) The application fee and the total of such charges shall be as designated and shall be collected in accordance with procedures prescribed by the Director of Finance. Such sewer connection charges shall be owed by and collected from the owner of the property. The division of the charges into periodic payments for the purpose of billing and collection, as provided in this section, or any failure or delinquency in the collection or payment thereof, shall not waive or excuse the payment of any part of the total of such charges due. Any balance due may be collected with any further periodic installment payments, or by the collection of delinquencies from the owners by the exercise of a lien, or otherwise, at the option of the City.

(3) The agreement shall be executed by all record owners of the land to be served by the City sewer system and to which connection is requested.

(4) The agreement shall provide that the interest rate shall not exceed the Federal Fund rate, on the day the agreement is signed, which shall be that Federal Fund rate of the immediate preceding (banker’s) day as reported in the Wall Street Journal.

(5) The agreement shall provide that the whole, or any part, of the balance of charges due at any time under the agreement may be accelerated and paid at any time, at the option of the owner of the property, and that the whole balance of charges due shall be paid upon the sale of the property by the owner.

(6) The agreement shall be of the form and content prescribed by the Director of Finance and approved by the City Attorney.

(c) The payment plan provided for in subsection (b) of this section shall apply only to sewer connection charges for sewers within the extended edges of the land to be served.

(d) This section shall not apply to new construction or payment for sewers which have been provided for under procedures regulating the division of land, or the connections of sewers to property owned by a government or governmental agency, or whenever the Council has adopted a resolution of intention to construct improvements by special assessments within a district which includes such lot.

(e) The agreement provided for in subsection (b) of this section shall be in the form of a covenant running with the land to be served, and, when it is recorded in the records of the County, the balance of any charges due and to become due shall be a lien upon the land. The following shall apply to the lien and its enforcement whenever charges agreed to be paid have become delinquent under such agreement:

(1) The lien shall attach to the land upon the recording of the agreement in the records of the County.

(2) The Director of Finance shall release the lien upon the payment of all charges due or to become due under the agreement by recording a release thereof.

(3) The lien, when attached to the land, shall have the force, effect, and priority of the judgment lien and shall continue until released by the Director of Finance or an order of a court of proper jurisdiction.

(4) The Council may release all or any portion of the land subject to any such lien or subordinate the lien to other liens or encumbrances if the Council determines that the amount due is sufficiently secured by a lien on other property or that the release or subordination will not jeopardize the collection of the amount due.

(5) A warrant may be issued by the Director of Finance for the collection of any amount due for the enforcement of any lien directed to the Sheriff or Constable and shall have the same effect as a writ of execution. It may and shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy upon the sale of real property pursuant to a writ of execution. The Sheriff or Constable shall receive, upon the completion of his services pursuant to a warrant, and the Director of Finance is authorized to pay to him, the same fees and commissions and expenses in connection with services pursuant to such warrant as are provided by law for similar services pursuant to a writ of execution; provided, however, fees for publication in a newspaper shall be subject to approval by the Director of Finance rather than by the court. Such fees, commissions, and expenses shall be an obligation of the person or persons liable for the payment of such charges and may be collected from such person or persons by virtue of the warrant or in any other manner provided in this chapter for the collection of such charges.

(6) In addition to collection pursuant to subsection (e)(5) of this section, the Director of Finance may sell the property (or any part) subject to the lien pursuant to Section 3052 of the Civil Code of the State. (§ 1, Ord. 84-15, eff. August 1, 1984, as amended by § 1, Ord. 90-31, eff. August 22, 1990; 97-9, Amended, 07/01/1997, Adopted by City Council on 4/14/97, effective 7/1/97; § 8, Ord. 13-13, eff. July 12, 2013)

6.4.04 Sewer extensions.

(a) Any person desiring to make an extension to the sanitary sewer system of the City to serve his property shall make a request in writing to the City Engineer for a preliminary investigation into the feasibility of such extension. If the extension as required is found to be feasible, such extension may be made to the sanitary sewer system of the City in accordance with the provisions of this section. The City shall inspect and may permit the final connection to the City system only if it is found that such extension conforms in all respects with the standard specifications for sanitary sewers within the City and with the sizes and grades designated by the City Engineer.

(b) Any subdivider or other person installing a public sewer main, prior to the construction of the sewer, shall file with the City Engineer a legal description of the property which has contributed to the cost of construction, and a statement of the proportion of the cost borne by each property, and, within ninety (90) days following the completion of the main, shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating the cost (excluding any City reimbursement) of the construction of the main. In the event a financial statement has not been filed with the City Engineer within such period, then any refund pursuant to this section shall not be made in the event additional property is connected to the main constructed. If an ownership statement is not filed prior to construction, only the property served by the main, owned by the person who installed the main on the date of the commencement of installation, will be deemed to have paid for the installation; provided, however, if, within seven (7) years after the date of the commencement of installation, such person acquires in fee property served by the main which would otherwise be subject to the payment of front footage sewer charges, such person shall also be deemed to have paid the front footage sewer charges for such property.

(c) For a period of twenty (20) years after the completion of a sewer main referred to in subsection (b) of this section, ninety (90%) percent of the front footage sewer charges collected by the City pursuant to this chapter for a connection to such sewer main shall be paid in proportion by the City to the owner or owners of property on behalf of which contributions were made to the cost of the construction of such sewer main or to their assignees; provided, however, the total refund shall not exceed one hundred percent (100%) of the cost of constructing sewer mains which do not front on any contributing property and fifty percent (50%) of the cost of constructing sewer mains, nor shall the total refund exceed the total amount of the front footage sewer charges which would have been payable by property on behalf of which no contribution was made to the cost of installation as of the date of the completion of the main.

(d) When an extension is made by a subdivider or other person, they shall construct the sewer lines at the grades and sizes determined by the City Engineer and in accordance with City standard specifications, and, before making such installation, they shall pay to the City the oversize sewer charge on all property owned by the subdivider or other person installing the sewer system or contributing to the cost of sewers. The charge so payable shall be reduced by the difference in cost between an eight-inch (8") line at depths less than eight feet (8') and the cost of such larger sewer line at depths less than eight feet (8') as the subdivider or other person may have been required by the City Engineer to install. Such additional cost per lineal foot shall be determined as set forth in the Master Development Fee Schedule.

When required to construct an eight-inch (8") sewer that provides service beyond the limits of the property owned by the subdivider or other person or when required to be constructed of a size larger than eight inches (8"), and at the average depth measured at adjacent manholes greater than eight feet (8') measured from the sewer flow line to the finished subgrade of the street or easements. Such additional cost per lineal foot shall be as set forth in the Master Development Fee Schedule.

In the event the additional cost of constructing sewers exceeds the oversize sewer charge, the sum equal to the difference shall be paid from the Sewer Construction Fund to the subdivider or person installing the main upon the completion of the sewer.

(e) If the construction of an off-site sewer is necessary in order to serve the property, such off-site sewer shall be built to the size and grade specified by the City Engineer. The additional cost of constructing a pipe in excess of eight inches (8") in diameter shall also be credited against the oversize sewer charge of the real property owned by the subdivider or person installing the sewer. If the extra cost of constructing the oversize sewer exceeds the oversize sewer charge payable by the subdivider or person installing the sewer, a sum equal to the difference shall be paid to him from the Sewer Construction Fund.

(f) If a right-of-way is needed for the extension of the sewer, the subdivider or person installing the sewer shall obtain such right-of-way for the City or pay the cost to the City of acquiring such right-of-way. If the City Engineer determines that a pump station is necessary to serve the property of the subdivider or person installing the sewer, such subdivider or person shall install a pump station meeting specifications approved by the City Engineer and shall pay the full cost of such installation.

(g) Whenever a sewer is extended to serve property, the sewer shall be extended across the full street frontage of the property to be served unless the City Engineer determines that such sewer shall not be further extended. (§ 4, Ord. 328; as amended by § 2, Ord. 83-18, eff. October 7, 1983; § 3, Ord. 93-19, eff. August 18, 1993; § 5, Ord. 93-24, eff. December 1, 1993; Ord. 96-20, amended, December 18, 1996; § 8, Ord. 13-13, eff. July 12, 2013)

6.4.04.1 Annual increases to charges and reimbursements.

The fees listed below shall be reviewed and adjusted as warranted annually by the percentage increase or decrease in the Engineering News Record Index for the California Cities for the twelve (12) month period preceding December, or by variation of the actual construction costs. The fees shall be fixed by the City Council by resolution, and shall be included in the Master Development Fee Schedule.

(a) The front footage sewer charge per lineal foot described in Section 6.4.03(a)(1) shall be rounded to the nearest five cents ($0.05).

(b) The oversize sewer charges per gross acre described in Section 6.4.03(a)(2) shall be rounded to the nearest one and no/100ths dollars ($1.00).

(c) The house branch sewer charges per lineal foot described in Section 6.4.03(a)(3) shall be rounded to the nearest five cents ($0.05).

(d) The additional cost in dollars for oversize and extra depth for credit or reimbursement described in Section 6.4.04(d) shall be rounded to the nearest five cents ($0.05). (§ 3, Ord. 83-18, eff. October 7, 1983; as amended by § 4, Ord. 93-19, eff. August 18, 1993; § 6, Ord. 93-24, eff. December 1, 1993; § 12, Ord. 95-14, eff. June 30, 1995; § 8, Ord. 13-13, eff. July 12, 2013)

6.4.04.2 Protest procedures.

An owner/developer may protest the imposition of fees, dedications, reservations, or other exactions on a development project imposed pursuant to the authority of this chapter, in accordance with Government Code Sections 66020 and 66021, by following the procedures for protesting fees adopted by resolution of the City Council. (§ 8, Ord. 13-13, eff. July 12, 2013)

6.4.05 Sewer service charges.

(a) Applications for sewer service. Upon the connection of any building or structure to the public sewer pursuant to Section 6.4.02, and the payment of all charges and fees as may be required by this chapter has been made, or in such cases where a new owner or occupant desires to resume or restore the use of the public sewer to a building or structure already connected and for which such charges and fees have previously been paid, a written application shall be made to the City for sewer services on a form provided by the City and containing such information as may be required by the City. A fee as provided in Section 6.5.102 shall be paid for opening a sewer service account, which fee shall not be refunded. A separate application and fee shall not be required if an application is also being made for water service.

(b) Deposits. The City shall require an applicant for sewer service, if the applicant has not previously been a customer of the City, or any customer delinquent in the payment of bills for such service, to guarantee the payment of sewer charges in an amount as established by Section 6.5.102. Such deposit shall not be additive to any other deposit required if an application is also being made for other City services.

(c) Return of deposits. Deposits shall be held by the City for a minimum period of two (2) years. The deposit shall be returned to the customer after two (2) years, but not sooner than six (6) months after any one delinquency, and not sooner than one year after the most recent delinquency, if more than one.

(d) Monthly service charges. Each user connected to the City sewer system shall pay the following monthly charges effective on the dates noted:

(1) Single-family living units.

August 1, 2010: The sum of fifteen and 79/100ths dollars ($15.79), plus six cents ($0.06) pretreatment per month, for each single-family living unit, for a total of fifteen and 85/100ths dollars ($15.85);

July 1, 2011: The sum of eighteen and no/100ths dollars ($18.00), plus six cents ($0.06) pretreatment per month, for each single-family living unit, for a total of eighteen and 06/100ths dollars ($18.06);

July 1, 2012: The sum of nineteen and 08/100ths dollars ($19.08), plus six cents ($0.06) pretreatment per month, for each single-family living unit, for a total of nineteen and 14/100ths dollars ($19.14);

July 1, 2013: The sum of twenty and 03/100ths dollars ($20.03), plus six cents ($0.06) pretreatment per month, for each single-family living unit, for a total of twenty and 09/100ths dollars ($20.09);

July 1, 2014: The sum of twenty and 84/100ths dollars ($20.84), plus six cents ($0.06) pretreatment per month, for each single-family living unit, for a total of twenty and 90/100ths dollars ($20.90).

(2) Multiple-family living units.

August 1, 2010: The sum of twelve and 26/100ths dollars ($12.26), plus six cents ($0.06) pretreatment per month, for each multiple-family living unit or mobile home, for a total of twelve and 32/100ths dollars ($12.32);

July 1, 2011: The sum of thirteen and 98/100ths dollars ($13.98), plus six cents ($0.06) pretreatment per month, for each multiple-family living unit or mobile home, for a total of fourteen and 04/100ths dollars ($14.04);

July 1, 2012: The sum of fourteen and 82/100ths dollars ($14.82), plus six cents ($0.06) pretreatment per month, for each multiple-family living unit or mobile home, for a total of fourteen and 88/100ths dollars ($14.88);

July 1, 2013: The sum of fifteen and 56/100ths dollars ($15.56), plus six cents ($0.06) pretreatment per month, for each multiple-family living unit or mobile home, for a total of fifteen and 62/100ths dollars ($15.62);

July 1, 2014: The sum of sixteen and 18/100ths dollars ($16.18), plus six cents ($0.06) pretreatment per month, for each multiple-family living unit or mobile home, for a total of sixteen and 24/100ths dollars ($16.24).

(3) Schools. For public, private, and parochial schools, the charges for sewer service shall be computed on the basis of average daily attendance in accordance with the following table of rates:

August 1, 2010:
Elementary schools	$5.89 per student per year
Middle schools	$8.68 per student per year
High schools	$11.59 per student per year
Colleges	$2.70 per student per year
July 1, 2011:
Elementary schools	$6.71 per student per year
Middle schools	$9.90 per student per year
High schools	$13.21 per student per year
Colleges	$3.08 per student per year
July 1, 2012:
Elementary schools	$7.11 per student per year
Middle schools	$10.49 per student per year
High schools	$14.00 per student per year
Colleges	$3.26 per student per year
July 1, 2013:
Elementary schools	$7.47 per student per year
Middle schools	$11.01 per student per year
High schools	$14.70 per student per year
Colleges	$3.42 per student per year
July 1, 2014:
Elementary schools	$7.77 per student per year
Middle schools	$11.45 per student per year
High schools	$15.29 per student per year
Colleges	$3.56 per student per year

Charges shall be calculated on the school attendance as of September 30th, divided by twelve (12) to determine the monthly rate for the October through September period.

In addition to the charges set forth in subsection (d)(2) of this section, a pretreatment charge of three and 95/100ths dollars ($3.95) per sewer connection per month shall be paid.

(4) Commercial. For commercial users, the following charges shall apply:

(i) Commercial – Low. Effluents characterized by biochemical oxygen demand (BOD) and suspended solids (SS) within zero (0) to two hundred (200) mg/L: car washes, laundromats and businesses/services:

August 1, 2010:

Two and 05/100ths dollars ($2.05) per one thousand (1,000) gallons of metered potable water or metered sewage effluent, but not less than twelve and 26/100ths dollars ($12.26) minimum monthly charge per account; plus a pretreatment charge per unit per the table of monthly pretreatment charges set forth in subsection (e) of this section;

July 1, 2011:

Two and 34/100ths dollars ($2.34) per one thousand (1,000) gallons of metered potable water or metered sewage effluent, but not less than thirteen and 98/100ths dollars ($13.98) minimum monthly charge per account; plus a pretreatment charge per unit per the table of monthly pretreatment charges set forth in subsection (e) of this section;

July 1, 2012:

Two and 48/100ths dollars ($2.48) per one thousand (1,000) gallons of metered potable water or metered sewage effluent, but not less than fourteen and 82/100ths dollars ($14.82) minimum monthly charge per account; plus a pretreatment charge per unit per the table of monthly pretreatment charges set forth in subsection (e) of this section;

July 1, 2013:

Two and 60/100ths dollars ($2.60) per one thousand (1,000) gallons of metered potable water or metered sewage effluent, but not less than fifteen and 56/100ths dollars ($15.56) minimum monthly charge per account; plus a pretreatment charge per unit per the table of monthly pretreatment charges set forth in subsection (e) of this section;

July 1, 2014:

Two and 70/100ths dollars ($2.70) per one thousand (1,000) gallons of metered potable water or metered sewage effluent, but not less than sixteen and 18/100ths dollars ($16.18) minimum monthly charge per account; plus a pretreatment charge per unit per the table of monthly pretreatment charges set forth in subsection (e) of this section;

(ii) Commercial – Medium. Effluents characterized by BOD or SS within two hundred one (201) to five hundred (500) mg/L: automotive repairs, retail bakeries, nursing homes, hospitals, printers, hotels/motels without dining facilities, assisted living facilities, and shopping centers (more than four (4) units per connection):

August 1, 2010:

Two and 30/100ths dollars ($2.30) per one thousand (1,000) gallons metered potable water or metered sewage effluent, but not less than twelve and 26/100ths dollars ($12.26) minimum monthly charge per account; plus a pretreatment charge per unit per the table of monthly pretreatment charges set forth in subsection (e) of this section;

July 1, 2011:

Two and 62/100ths dollars ($2.62) per one thousand (1,000) gallons metered potable water or metered sewage effluent, but not less than thirteen and 98/100ths dollars ($13.98) minimum monthly charge per account; plus a pretreatment charge per unit per the table of monthly pretreatment charges set forth in subsection (e) of this section;

July 1, 2012:

Two and 78/100ths dollars ($2.78) per one thousand (1,000) gallons metered potable water or metered sewage effluent, but not less than fourteen and 82/100ths dollars ($14.82) minimum monthly charge per account; plus a pretreatment charge per unit per the table of monthly pretreatment charges set forth in subsection (e) of this section;

July 1, 2013:

Two and 92/100ths dollars ($2.92) per one thousand (1,000) gallons metered potable water or metered sewage effluent, but not less than fifteen and 56/100ths dollars ($15.56) minimum monthly charge per account; plus a pretreatment charge per unit per the table of monthly pretreatment charges set forth in subsection (e) of this section;

July 1, 2014:

Three and 04/100ths dollars ($3.04) per one thousand (1,000) gallons metered potable water or metered sewage effluent, but not less than sixteen and 18/100ths dollars ($16.18) minimum monthly charge per account; plus a pretreatment charge per unit per the table of monthly pretreatment charges set forth in subsection (e) of this section;

(iii) Commercial – High. Effluents characterized by BOD or SS equal to or greater than five hundred one (501) mg/L.

August 1, 2010: