Chapter 14.24 SANITARY CODE – PERMITS AND FEES

No unauthorized person shall uncover, make any connection with, or opening into, use, alter, or disturb any public sewer or appurtenance or perform any work on any sewer lateral without first obtaining a written permit from the District.

(Ord. 911, § 2, passed 08-24-2015)

14.24.020 APPLICATION FOR PERMIT.

A. Any person legally entitled to apply for and receive a permit shall make the application on forms provided by the District for that purpose. He or she shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The District Manager may require plans, specifications, or drawings and such other information as he or she may deem necessary.

B. If the District Manager determines that the plans, specifications, drawings, descriptions, or information furnished by the applicant is in compliance with the ordinances, rules, and regulations of the District, he or she shall issue the permit applied for upon payment of the required fees as hereinafter fixed.

(Ord. 911, § 2, passed 08-24-2015)

14.24.030 COMPLIANCE WITH PERMIT.

After approval of the application, evidenced by the issuance of a permit, no change to the activities authorized by said permit shall be made to the sanitary sewer works except with written permission from the District Manager.

(Ord. 911, § 2, passed 08-24-2015)

14.24.040 AGREEMENT.

The applicant’s signature on an application for any permit shall constitute an agreement to comply with all of the provisions, terms, and requirements of this chapter and the Sanitary Code and other ordinances, rules, and regulations of the District, and with the corrections or modifications as may be made or permitted by the District, if any. The agreement shall be binding upon the applicant and may be altered only by the District upon the written request for the alteration from the applicant.

(Ord. 911, § 2, passed 08-24-2015)

14.24.050 FEES – ANNEXATION CHARGES.

The owner or owners of lands within areas to be annexed to the District shall pay to the District, prior to the final hearing on the proposed annexation, an amount to be fixed by the District Board which shall equal the engineering, legal, and publication costs and all other charges which may be incurred by the District in preparing and examining the maps, legal descriptions, and other documents in relation thereto, and other expenses regularly incurred in connection therewith.

(Ord. 911, § 2, passed 08-24-2015)

14.24.060 CAPITAL IMPROVEMENT AND INSTALLATION FEES.

A. Generally. The owner or owners of lands within the service area of the District shall pay to the District, prior to the issuance of a permit to connect any portion of the property to the sanitary sewer works of the district, a capacity charge. The purpose of the capacity charge is to assure that there will be sufficient funding for improvements to the District sanitary sewer works necessitated by increased flows of wastewater resulting from new connections to the District sanitary sewer works.

B. Capacity Charges.

1. Capacity charges collected shall be used for facilities in existence at the time a charge is imposed or for new facilities to be constructed in the future that are of benefit to the person being charged.

2. Capacity charges shall be established and fixed by resolution of the District Board.

C. Connection Fees.

1. In addition to the capacity charges established by this section, connection fees shall be paid to the District by the owner or owners of the affected property prior to the issuance of a permit to connect any portion of a property to the sanitary sewer works. The purpose of the connection fee is to recover the cost to the District of providing a public lateral stub-out from an existing sewer.

2. Connection fees shall be established and fixed by resolution of the District Board.

(Ord. 911, § 2, passed 08-24-2015)

14.24.110 SEWER USE CHARGES.

A. Generally. The Board of Directors of the District find that the operation and maintenance cost for the District for which sewer use fees are utilized are not discriminatory or excessive and are directly related to actual cost of providing sewer service by the District. Any person(s), business, or other entity receiving sewer service from the District shall pay a sewer use rate as established and fixed from time to time by resolution of the District Board at any duly noticed regular meeting of the District Board.

B. Strength Factor.

1. Strength factors are based upon the levels of biochemical oxygen demand (BOD) and total suspended solids (TSS) that a user discharges into the District’s sanitary sewer works. Sewer use fees for a given commercial user are determined from the strength factor.

C. Use of Fees. Revenues collected from sewer use fees shall not be used for capital expansion, but may be used for operation and maintenance costs including:

1. Expenses for salaries, supplies, and materials associated with the operation and maintenance of the collection, treatment, and management functions of the wastewater system;

2. Equipment repair and replacement;

3. Upgrading of existing facilities to improve efficiency and/or the quality of wastewater treatment;

4. Replacement of existing structures and facilities due to wear and tear, including the establishment of a depreciation reserve fund; and

5. Payment of debt service.

(Ord. 911, § 2, passed 08-24-2015)

14.24.120 SEWER BILLING – DELINQUENT ACCOUNT – SERVICE SHUTOFF FOR NONPAYMENT – PENALTY CHARGE.

Pursuant to the authority of Cal. Government Code § 54348, any amount owed for sewer service that is not paid within 20 days from the billing date shall be deemed late and shall be subject to a late payment penalty equal to 5% of the past due amount. Before a late payment penalty is imposed on a late payment, the District shall comply with the procedural requirements of §§ 14.04.030 through 14.04.034, relating to delinquent water bills. With respect to all accounts thereafter with a balance of $5.00 or more, the late payment penalty of 5% of the past due amount will be automatically added. In addition to the 5% late payment penalty set forth herein, all delinquent principal and penalties shall bear interest at the rate of 0.5% per month, until paid.

(Ord. 911, § 2, passed 08-24-2015)

14.24.122 APPLICANTS – CREDIT ESTABLISHMENT – REQUIREMENTS.

Each applicant for sewer service will be required to satisfactorily establish credit. Credit will be deemed established as follows:

A. If the applicant is the legal owner of the property to be served and there are no delinquent taxes, assessments, or liens outstanding against the property;

B. If the applicant makes a cash deposit in the amount specified in § 14.24.124;

C. If the applicant furnishes a sufficient guarantee executed by a corporate or individual surety acceptable to the Director of Finance to secure payment;

D. If the applicant has previously paid all sewer bills for sewer service previously supplied by the District to applicant; and

E. If the applicant has sufficient established credit references which, in the opinion of the Director of Finance, warrant establishment of sewer service without cash deposit or guarantee.

(Ord. 911, § 2, passed 08-24-2015)

14.24.124 APPLICATIONS – CREDIT ESTABLISHMENT – CASH DEPOSIT.

A. The amount of the cash deposit set forth in § 14.24.122 to establish credit for sewer service for residential accounts shall be no more than 3 times the estimated average monthly bill. The amount of cash deposit for commercial accounts shall be at the discretion of the Director of Finance.

B. Upon discontinuance of sewer service, the District will refund the cash sewer deposit in excess of any unpaid amount owed the District. Credit must be reestablished under the following conditions:

1. In the event sewer is shut off;

2. Where more than 2 notices of delinquency are sent to a customer within a 1-year period, unless the notice is set erroneously or the amounts alleged to be due from the consumer in the notice are determined not to be due to the District; and

3. In the event a consumer of an owner-occupied residence or business pays all sewer bills owed to the District within a 2-year period, any cash deposit held by the District shall be refunded.

(Ord. 911, § 2, passed 08-24-2015)

14.24.126 PROCESS FOR HANDLING OF UNPAID BILLS.

A. All unpaid, remaining balances for delinquent bills for sewer service shall be referred to a collection agency after closing the account and applying any security deposit on file with the City.

B. In the event the collection agency is unsuccessful in collection of the sewer bill, the bill for service shall be a lien on the property served with the sewer and shall be collected and enforced in the same manner that unpaid City taxes on the property are collected and enforced.

(Ord. 911, § 2, passed 08-24-2015)

14.24.130 FLOW OF WASTEWATER.

Unless separately metered, wastewater flow to the sanitary sewer works shall be no greater than 65% of the water supplied by the City of Fort Bragg Water Department metered into the commercial or industrial or public property. The properties may upon application to and with the approval of the District Manager, and at the expense of the property owner, install and maintain in a satisfactory condition a flow measuring device for the purpose of determining actual quantities of wastewater discharged into the sanitary sewer works. Wastewater flow to the sanitary sewer works may also be determined by applying a different percentage rate to the metered freshwater when it can be shown that a significant quantity of water is lost in the commercial or industrial process or by irrigation. The applied percentage rate must be approved in writing by the District Manager. Where no freshwater meter exists, the District Manager shall establish the quantity of wastewater flow to the sanitary sewer works.

(Ord. 911, § 2, passed 08-24-2015)

14.24.150 SEPTIC TANK DUMP FEES.

Haulers of septic tank and chemical toilet waste shall pay to the District a fee for each load or part thereof of septic tank wastes unloaded at the WWTF in an amount as established from time to time by resolution of the District Board and in accordance with § 14.40.090.

(Ord. 911, § 2, passed 08-24-2015)

14.24.160 MONTHLY SEWER USE FEES.

Monthly sewer use fees shall be paid to the District beginning 90 days after the connection fee is paid or at the time actual connection to the sewer system is established, whichever is earlier.

(Ord. 911, § 2, passed 08-24-2015)

14.24.170 EXTENSION OF SERVICE.

Service shall be extended only to those lots or parcels of land within the District, or which are within an area to be annexed to the District.

(Ord. 911, § 2, passed 08-24-2015)

14.24.190 FEES – PERMIT AND INSPECTION.

Permit and inspection fees are established and amended from time to time by resolution of the District Board.

(Ord. 911, § 2, passed 08-24-2015)

14.24.200 BOND – PUBLIC SEWER CONSTRUCTION.

Prior to the issuance of a permit for public sewer construction, the applicant shall furnish to the District a faithful performance bond or cash in the amount of the total estimated cost of the work. The bond is to be secured by a surety or sureties satisfactory to the District. The cash deposit or faithful performance bond shall be conditioned upon the performance of the terms and conditions of the permit and shall guarantee the correction of faulty workmanship and the replacement of defective materials for a period of 1 year after the date of acceptance of the work.

(Ord. 911, § 2, passed 08-24-2015)

14.24.210 DISPOSITION OF FEES.

All fees collected on behalf of the District shall be deposited with the proper authority provided for by the District to receive the funds.

(Ord. 911, § 2, passed 08-24-2015)

14.24.220 ALL WORK TO BE INSPECTED.

All sanitary sewer works construction shall be inspected by an inspector acting for the District to ensure compliance with all requirements of the District. No underground sanitary sewer works shall be covered at any point until it has been inspected and passed for acceptance. No sanitary sewer works shall be connected to the District’s public sewer until the work covered by the permit has been completed, inspected, tested and approved by the District Manager. If the test(s) prove satisfactory and the permitted sanitary sewer works are in good working order, the inspector shall issue a certificate of satisfactory completion.

(Ord. 911, § 2, passed 08-24-2015)

14.24.230 NOTIFICATION FOR INSPECTION.

It shall be the duty of the person doing the work authorized by permit to notify the office of the District Manager in writing that the work is ready for inspection. The notification shall be given not less than 24 hours before the work is to be inspected. It shall be the duty of the person doing the work to make sure that the work will stand the tests required by the District, before giving the above notification.

(Ord. 911, § 2, passed 08-24-2015)

14.24.240 REJECTED WORK.

When any work has been inspected, the work condemned rejected and no certification of satisfactory completion given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of the owner, to repair or restore the sanitary sewer works as authorized by the permit in accordance with the ordinances, rules, and regulations of the District.

(Ord. 911, § 2, passed 08-24-2015)

14.24.250 ALL COSTS PAID BY OWNER.

All costs and expenses incidental to the installation and connection of any sanitary sewer for which a permit has been issued shall be borne by the owner. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the work.

(Ord. 911, § 2, passed 08-24-2015)

14.24.290 STREET EXCAVATION PERMIT.

A separate permit must be secured from the City or County by owners or contractors intending to excavate in a public street for the purpose of installing sanitary sewer works or making connections to a public sewer.

(Ord. 911, § 2, passed 08-24-2015)

14.24.300 LIABILITY.

The District and its officers, agents, and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any such applicant. The applicant shall be answerable for and shall save the District and its officers, agents and employees harmless from any liability imposed by law upon the District or its officers, agents or employees, including all costs, expenses, fees, and interest incurred in defending same or in seeking to enforce this provision. Applicant shall be solely liable for any defects in the performance of his or her work or any failure which may develop therein.

(Ord. 911, § 2, passed 08-24-2015)

14.24.310 TIME LIMIT ON PERMITS.

If work under a permit is not commenced within 6 months from the date of issuance or if after partial completion, the work is discontinued for a period of 1 year, the permit shall thereupon become void and no further work shall be done until a new permit shall have been secured. A new fee shall be paid upon issuance of the new permit.

(Ord. 911, § 2, passed 08-24-2015)

14.24.320 ANNEXATION – BUY-IN FEE – PAYMENT REQUIRED.

A. In addition to the annexation charges set forth in § 14.24.050, the following buy-in fee shall be paid by each property owner of land within areas to be annexed to the District.

B. This fee shall be paid to the District over a 3-year period in equal annual installments.

C. If annexation to the District is not completed, any fee paid shall be returned to the property owner.

(Ord. 911, § 2, passed 08-24-2015)

14.24.330 ANNEXATION – BUY-IN FEE – AMOUNT.

The annexation buy-in fee shall be an amount equal to what the property owner would have paid for that portion of taxes to the County Tax Collector attributable to the District had the land which is the subject of the annexation been within the boundaries of the District from its formation. This sum shall be calculated at the tax rate and assessed value of the land existing for each year from the formation of the District to the date of actual annexation to the District. That portion of the buy-in fee pertaining to the year of annexation shall be prorated, if applicable, based upon the date of completion of annexation proceedings to the District.

(Ord. 911, § 2, passed 08-24-2015)

14.24.340 ANNEXATION – BUY-IN FEE – ADDITIONAL TO OTHER SEWER FEES.

The fee established by §§ 14.24.320 and 14.24.330 is in addition to any other sewer fee or charge established by ordinance or resolution.

(Ord. 911, § 2, passed 08-24-2015)

14.24.350 ANNEXATION – BUY-IN FEE – CALCULATION.

The buy-in fee established by §§ 14.24.320 and 14.24.330 (subject to adjustment based on the date of completion of annexation proceedings) shall be calculated by the Director of Finance and provided to applicants for annexation to the District within 30 days of filing of an annexation application with the District Clerk.

(Ord. 911, § 2, passed 08-24-2015)

14.24.360 ANNEXATION – NO GUARANTEE TO PROPERTY OWNER OF SEWER SERVICE.

Annexation to the District does not guarantee the property owners of the annexed lands that the District has the capability of immediately serving the wastewater demands of the annexed area.

(Ord. 911, § 2, passed 08-24-2015)

14.24.370 PRETREATMENT CHARGES AND FEES

The District may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the District’s source control program which may include:

A. Fees for wastewater discharge permit applications including the cost of processing such applications.

B. Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing an industrial user’s discharge, and reviewing monitoring reports submitted by the users.

C. Fees for reviewing and responding to accidental discharge procedures and construction.

D. Fees for filing appeals.

E. Other fees as the District may deem necessary to carry out the requirements contained in this section. These fees relate solely to the matters covered by Chapters 14.16, 14.17, and 14.18 and are separate from all other fees, fines, and penalties chargeable by the District.

(Ord. 911, § 2, passed 08-24-2015)