Chapter 13.26
SEWER USE FEE
Sections:
13.26.030 Amount of fee – Penalties.
13.26.040 Collection and remission of fees.
13.26.050 Collection of delinquent fees.
13.26.060 Sewer use fee funds/expenditures.
13.26.070 Senior citizen and other exemptions.
13.26.010 Scope.
The provisions of this chapter shall apply to all real property within the city which is connected to the city’s sewer system. All owners and/or users shall be liable for the amount of the fee charged against the real property. (Ord. 1503 § 2 (part), 1996)
13.26.020 Definitions.
For the purposes of this chapter, certain words and phrases shall be defined as follows:
“Collector” means Golden State Water Company.
“Owner” means the owner of the real property connected to the city’s sewer system as shown on the latest equalized assessment roll.
“Real property” means any parcel, lot or subdivision of land used for any purpose which discharges into the city’s sewer system.
“Sewer use fee” or “fee” means the amount charged to the real property based upon the amount of domestic water used on the real property.
“User” means the occupant of the real property that discharges into the city’s sewer system.
“Water user” means the person or legal entity who has applied for water service and to whom the water bills are addressed. (Ord. 1726 § 21, 2011; Ord. 1503 § 2 (part), 1996)
13.26.030 Amount of fee – Penalties.
A. The sewer use fee shall be as follows:
Residential includes single-family house, single-unit apartment and condominium, and single-unit mobile home.
Nonresidential includes any other unit and classification.
|
Water Meter Size |
Residential |
Nonresidential |
|---|---|---|
|
SLRP |
50% Rebate |
N/A |
|
5/8" |
$2 |
$2 |
|
3/4" |
$3 |
$3 |
|
1" |
$4 |
$4 |
|
1-1/2" |
$5 |
$5 |
|
2" |
$6 |
$6 |
|
3" |
$7 |
$7 |
|
4" and above |
$8 |
$8 |
|
Class |
Feb. 10, 2017 |
July 1, 2017 |
July 1, 2018 |
July 1, 2019 |
July 1, 2020 |
|---|---|---|---|---|---|
|
Residential |
$0.3500 |
$0.4358 |
$0.5345 |
$0.6481 |
$0.7786 |
|
Nonresidential |
$0.5000 |
$0.5965 |
$0.7075 |
$0.8350 |
$0.9815 |
*ccf = centum cubic feet, or 748 gallons
B. Any fee not paid within the time specified on the bill sent by the collector shall be considered delinquent nineteen days from the date of mailing. A late charge of up to one and one-half percent of an unpaid balance may be imposed upon delinquent accounts with a minimum amount of one dollar being imposed. (Ord. 1769 § 1, 2017; Ord. 1503 § 2 (part), 1996)
13.26.040 Collection and remission of fees.
A. The sewer use fee and any late charges imposed shall be calculated by the collector and said amount shall be added to the water bills of all water users and shown as a separate line item on the bill. The sewer use fee shall be collected for the same time period as the fees for water. The sewer use fee shall be due and payable at the same time as payment of the water bill.
B. The city shall enter into an agreement with the collector which establishes the terms and conditions upon which the collection shall be made as required by Health and Safety Code Section 5472.5. (Ord. 1503 § 2 (part), 1996)
13.26.050 Collection of delinquent fees.
All sewer use fees imposed pursuant to this chapter shall be deemed to be a civil debt owed to the city by both the customer and the user and may be collected by the city through any means legally available, including the assessment procedure set forth herein.
A. Assessment Against Property. Any fees authorized pursuant to this chapter which remain unpaid for a period of sixty or more days after the date upon which they were billed may be collected by the city as provided herein.
1. Once a year, prior to August 10th of each calendar year, the city council shall cause a report of delinquent charges to be prepared. The city council shall fix a time, date and place for hearing the report and any objections or protests thereto. The report shall identify the user, the owner if different than the user and a description of each parcel of real property receiving sewer service for which the fees are more than sixty days delinquent.
2. The city clerk shall cause notice of the hearing to be mailed to the user listed on the report as well as to any owner of the real property for which the fee has not been paid. The notice shall be mailed not less than fifteen days prior to the date of the hearing.
3. At the hearing, the city council shall hear any objections or protests of the users as well as the owners liable to be assessed for the delinquent charges. The city council may make such revisions or corrections to the report as it deems just, after which, the report shall be confirmed by resolution and attested to by the city clerk.
4. The delinquent fees set forth in the report as confirmed shall constitute assessments against the properties listed therein and shall constitute a lien on the property for the amount of such delinquent fees. A certified copy of the confirmed report shall be filed with the finance director for the amounts of the respective assessments and it shall be the duty of the finance director to add the amounts of the assessment to the next regular bill of taxes to be levied against the real property. The assessment shall be collected at the same time and in the same manner as general taxes and shall be subject to the same penalties and the same procedures in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of such taxes shall be applicable to such assessment.
B. Civil Action. The city may bring an action in any court of competent jurisdiction against the user and/or owner. Reasonable attorneys’ fees shall be awarded if the city prevails in such litigation.
C. The remedies in this section are cumulative and are in addition to any other remedies which the city may have in accordance with law. (Ord. 1503 § 2 (part), 1996)
13.26.060 Sewer use fee funds/expenditures.
A. All sewer use fees collected shall be deposited with the city treasurer and credited to a sewer use fee fund.
B. All sewer use fees shall be expended for the following uses only:
1. For the design, investigation, operation, maintenance, repair, upgrade and periodic reconstruction of the city’s sanitary sewer system;
2. For compliance with the state of California Health and Safety Code requirements relating to the operation and maintenance of sewer systems;
3. For such other sewer purposes the city council may lawfully authorize. (Ord. 1503 § 2 (part), 1996)
13.26.070 Senior citizen and other exemptions.
A. The city council, by resolution, may waive payment of the sewer use fees for multiple-unit residential developments housing senior citizens of low to moderate income.
B. Sewer Lifeline Rebate Program (SLRP). Any single-family residential unit where the individual who is the head of the household is either sixty years of age or older, or a veteran, or who qualifies under the California Alternative Rates for Energy (CARE) Program guidelines based on the recent criteria published by the California Public Utilities Commission, shall receive a fifty percent rebate on the monthly fixed sewer charge. In order to qualify for this rebate, the individual shall file an application in a form, time, and manner prescribed by the chief fiscal officer.
C. The sewer use fee shall not apply to any meter owned by the city. (Ord. 1769 § 2, 2017; Ord. 1503 § 2 (part), 1996)