Chapter 13.38
SEWER CHARGES
Sections:
13.38.020 General--Charges for sewer.
13.38.040 Capacity charge--Alteration of use.
13.38.050 Capacity charge--Time for payment.
13.38.060 Disposition of capacity charges.
13.38.070 Sewer service charges.
13.38.080 Basis of sewer service charges.
13.38.090 Collection of sewer charges.
13.38.100 Penalty for delinquencies.
13.38.110 Collection of delinquencies.
13.38.010 Definitions.
The following define terms specific to this chapter and are not intended for use beyond this title:
A. “Capacity charge” means a charge imposed by the city for the proportionate share of costs of expanding, over-sizing, separating or constructing new additions to the sewer system including the collection system and treatment plant.
B. “Connection” means the design, permitting and charges related to the physical connection of a structure or use to a public sewer main.
C. “Mobile home” means a prefabricated structure, built in a factory on a permanently attached chassis which is located in a park containing two or more mobile homes.
D. “Nonresidential use” means a nonresidential use that is listed in Section 13.38.080(A)(2) or deemed not classifiable.
E. “Not classifiable use” means a use not specifically identified in Section 13.38.080 or deemed by the city engineer to warrant a special rate study due to unique flow, strength or other factors.
F. “Residential multiple-family” means two or more units (excluding an ADU) on one or more lots or parcels of record including duplexes, triplexes, apartments, townhouses, and condominium complexes.
G. “Residential single-family” means a single residential structure located on a single lot or parcel of record.
H. “Residential uses” means those residential uses specifically listed in Section 13.38.080(A)(1).
I. “Retirement home” means a facility that provides nursing and congregate care for primarily nonambulatory residents as well as those with other disabilities including Alzheimer’s and elder dementia.
J. “Senior apartment” means a facility containing two or more deed-restricted affordable units specifically held for residents sixty-five years of age or older.
K. “Service charge” means a charge to the user of the sewer system to cover the costs of operation and maintenance of the city collection system and the Sewer Authority Mid-Coastside treatment plant and intertie pipeline system.
L. “Single-family residential” means a single residential structure located on a single lot or parcel of record.
M. “Single-family residential with accessory dwelling unit” means single-family residential (principal) unit with one or more accessory dwelling units (ADUs) that utilize the same sewer lateral as the principal residence. (Ord. C-2020-04 §2(Att. B)(part), 2020).
13.38.020 General--Charges for sewer.
All premises seeking sewerage services from the city are responsible for obtaining required permits and payment of applicable charges. Such charges shall be set and approved by the city council in accordance with state law and the California constitution. (Ord. C-2020-04 §2(Att. B)(part), 2020).
13.38.030 Capacity charge.
Each premises seeking to access the city sewer system or seeking to expand or change use in a manner that would increase wastewater is required to pay a sewer capacity fee. The sewer capacity fee is established and set by city council resolution in accordance with state law. The city council shall review capacity charges annually, in conjunction with the budget, to determine whether the capacity charge should be adjusted. All capacity charges shall be nonrefundable and transferable only upon approval of the city council. (Ord. C-2020-04 §2(Att. B)(part), 2020).
13.38.040 Capacity charge--Alteration of use.
In the event of alteration of the building or change of use requiring additional capacity, the owner applicant shall be responsible for the submittal of an application and the payment of charges for required additional capacity. In the event of complete demolition, the original capacity charges shall be credited to the parcel. (Ord. C-2020-04 §2(Att. B)(part), 2020).
13.38.050 Capacity charge--Time for payment.
Except as otherwise provided capacity charges are payable prior to or concurrent with issuance of a building permit for a new or expanded structure or use. Where a subdivision or parcel map is involved, capacity charges shall be due and payable to the city prior to city council approval of the final map. The capacity charges paid in conjunction with a subdivision or parcel map shall be credited toward any additional capacity charges due (based upon changes in rate structure or proposed use of the parcel or parcels) at the time of application for a building permit. (Ord. C-2020-04 §2(Att. B)(part), 2020).
13.38.060 Disposition of capacity charges.
All capacity charges collected by the city shall be deposited in the city sewer capital reserve fund and shall be expended for capital projects and programs intended to maintain, improve or expand wastewater conveyance in the city collection system per the adopted capital improvement program and/or maintain or improve wastewater treatment as identified in the Sewer Authority Mid-Coastside capital improvement program. (Ord. C-2020-04 §2(Att. B)(part), 2020).
13.38.070 Sewer service charges.
All premises connected to the city’s sewer system shall pay sewer service charges for the city’s operation and maintenance of the city sewerage system as approved by the city council pursuant to the applicable provisions of the California constitution. (Ord. C-2020-04 §2(Att. B)(part), 2020).
13.38.080 Basis of sewer service charges.
A. Class of Premises. City sewer rates are based on two distinct classes of premises recognized as having similar sewage volume and sewage strength characteristics:
1. Residential Classes.
a. Residential single-family;
b. Residential single-family with accessory dwelling unit (ADU);
c. Residential multiple-family;
d. Mobile home;
e. Senior apartment;
2. Nonresidential Classes.
a. Retirement home;
b. Restaurant;
c. Office;
d. Stores, general commercial;
e. Medical;
f. Hotel/motel;
g. Recreational;
h. School;
i. Not classifiable.
B. Residential. Sewer service charges for residential classes utilize historical volume for the residential use type and wastewater strength factor.
C. Nonresidential. Sewer service charges for nonresidential classes are imposed based upon the volume and strength of the wastewater discharged by individual premises.
D. Wastewater Strength. Wastewater strength is based upon the presence, measured in milligrams per liter of biochemical oxygen demand (BOD) and total suspended solids (TSS). Wastewater strength is established for each individual class as follows:
|
Residential Classes |
Wastewater Strength |
|
|---|---|---|
|
BOD mg/L |
TOD mg/L |
|
|
Residential single-family |
310 |
330 |
|
Residential single-family with accessory dwelling unit |
310 |
330 |
|
Residential multiple-family |
310 |
330 |
|
Mobile home |
310 |
330 |
|
Senior apartment |
310 |
330 |
|
Nonresidential Classes |
Wastewater Strength |
|
|---|---|---|
|
BOD mg/L |
TOD mg/L |
|
|
Retirement home |
310 |
330 |
|
Restaurant |
1,000 |
800 |
|
Office |
150 |
80 |
|
Stores, general commercial |
200 |
80 |
|
Medical |
310 |
330 |
|
Hotel/Motel |
400 |
600 |
|
Recreational |
400 |
500 |
|
School |
150 |
80 |
|
Not classifiable |
TBD |
TBD |
E. Wastewater Volume. The volume of wastewater for each premises shall be determined through water consumption data supplied by the Coastside County Water District. The periods for which water consumption data shall be collected are:
1. Wet Weather. The four-month period from November through February during which irrigation is at a minimum;
2. Twelve-Month Total. The twelve-month period from April through March.
F. Collection Periods. The individual classes shall use the following water consumption data collection periods:
|
Residential Classes |
Data Collection Period |
|---|---|
|
Residential single-family |
Wet weather |
|
Residential single-family with accessory dwelling unit |
Wet weather |
|
Residential multiple-family |
Wet weather |
|
Mobile home |
Wet weather |
|
Senior apartment |
Wet weather |
|
Nonresidential Classes |
Data Collection Period |
|---|---|
|
Retirement home |
Twelve-month total |
|
Restaurant |
Twelve-month total |
|
Office |
Twelve-month total |
|
Stores, general commercial |
Twelve-month total |
|
Medical |
Twelve-month total |
|
Hotel/Motel |
Twelve-month total |
|
Recreational |
Wet weather |
|
School |
Wet weather |
|
Not classifiable |
TBD |
Note: In the event that water consumption data for a particular nonresidential premises is not available, the average water consumption of all premises in the same class as that particular premises shall be utilized.
G. Volume Calculated. The wastewater volume for each individual parcel or unit shall be calculated in hundreds of cubic feet (HCF) based upon the following:
1. Premises Using Wet Weather Data Collection Period. Volume shall be calculated by adding the sum of water used from November through February and multiplying times three (sum of four-month wet weather X 3);
2. Premises Using Twelve-Month Total Data Collection Period. The sum of water used the prior year, as reflected in water meter readings for the twelve-month period from April 1st through March 31st.
H. Nonresidential Appeal Process. The property owner of a nonresidential premises or property may file a request for city review of the calculation of service charges or classification of the use. It is the sole responsibility of the owner to provide the city with written justification and documentation of the erroneous calculation or classification. The city manager is authorized to provide prospective relief for an individual charge that has been calculated using erroneous data.
I. Not Classifiable. The city may, based upon unique conditions or considerations, choose to designate a use as “not classifiable” and establish a special rate for the use. It shall be the obligation of the user to provide necessary information including, but not limited to, anticipated volume, strength and other factors necessary to establish a charge for the use. The city will determine the manner in which charges are to be levied. (Ord. C-2020-04 §2(Att. B)(part), 2020).
13.38.090 Collection of sewer charges.
The regular billing period is annual, consistent with the period for collection of general taxes for the city pursuant to Section 5473 of the Health and Safety Code, unless an alternative billing period has been established by resolution of the city council. The city may also authorize collection of charges on an individual basis. (Ord. C-2020-04 §2(Att. B)(part), 2020).
13.38.100 Penalty for delinquencies.
If sewer service charges are not paid when due, a ten percent penalty shall be assessed on the first day of each subsequent calendar month that charges are not paid. (Ord. C-2020-04 §2(Att. B)(part), 2020).
13.38.110 Collection of delinquencies.
Penalties assessed for delinquent payments shall be added to the following year’s assessment unless an alternate method of collection provided by law is chosen by the city. (Ord. C-2020-04 §2(Att. B)(part), 2020).