Chapter 9.20 SEWAGE DISPOSAL

“Overflow device,” when used herein, refers to a device that is specifically designed to relieve the pressure created when a gravity sewer is flowing full.

“Premises,” when used herein, refers to a lot, parcel of land, building or establishment.

“Private sewer system,” when used herein, means a sewer or system of sewers serving more than one building that is not owned by the city.

“Sewage,” when used herein, means all water or combination of liquid and water-carried solid or semisolid waste conducted away from residences, business buildings, institutions and other sources, which is known as domestic sewage, together with liquid or water-carried solid or semisolid waste resulting from a manufacturing process employed in industrial establishments, including the washing, cleaning or drainwater from such process, which is known as industrial waste.

“Sewer” or “sewer main,” when used herein, means any city-owned sewer pipe within a city street or public right-of-way receiving or intended to receive the discharges of more than one sewer lateral. No sewer main constructed henceforth shall be less than eight inches in diameter nor be laid or constructed in any city street, easement or right-of-way or street, easement or right-of-way under the control of the city, except to the lines, grades, and specifications approved by the proper city authority.

“Sewer lateral” or “lateral,” when used herein, means a privately owned pipeline connecting a building sewer to a sewer main. [Ord. 04-25 § 1, 2005; Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-301, 1952].

9.20.020 Manager’s authority to enforce.

(a) The city manager shall be charged with the administration of the sewerage system and the enforcement of the provisions of this chapter.

(b) In order to enforce and/or ensure compliance with the provisions of this chapter, the city may, in its sole discretion, correct any noncompliance hereof by use of city labor and/or materials, or by engaging the services of an independent contractor and/or purchased materials, or any combination thereof. The cost of such correction shall be added as an additional sewer service charge (payable and collectible in accord with PGMC 9.20.140, 9.20.160, 9.20.190, 9.20.210, 9.20.220, and 9.20.230) by the owner of the property which failed to comply with this chapter. Prior to action under this subsection, the city shall post 10 days’ advance written notice of its intent to take corrective action at the site of the noncompliance. The city may additionally and/or alternatively petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation or noncompliance of this chapter. [Ord. 06-017 § 6, 2006; Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-308, 1952].

9.20.030 Sewer laterals, cleanouts and connections.

(a) All laterals from the building wall to the connection to the sewer main are the property of the owner of the connected building. All property owners whose properties are connected to a sewer main or are otherwise connected to the city’s sewer system by sewer lateral shall at their own expense maintain the sewer lateral in a fully functioning condition and ensure the lateral is free of cracks, leaks, inflow or infiltration of extraneous water, root intrusion or open joints. Property owners shall ensure that laterals drain freely to the sewer main without excessive sags that collect grease and sediment.

(b) No person, firm or corporation shall break or cut into or connect to any sewer in any street, easement or right-of-way in the city or under the control of the city without first securing a permit so to do from the director of public works. Prior to beginning work, detailed plans describing the work to be done shall be submitted to and approved by the director of public works or his designee.

(c) Each property utilizing the city’s sewer system shall have a separate lateral connected to the sewer main. Notwithstanding the foregoing sentence, branched or common laterals shall be permitted only in the following instances:

(1) Where a lateral is maintained by a homeowner’s association or other entity that is party to a formal, recorded lateral maintenance agreement.

(2) Where more than one building or other structure is situated upon the same lot, in which case all such buildings and structures may, by permit authorized by the director of public works, be joined in the use of one connecting sewer; provided, that the connection conforms in all other respects to the provisions of this title and a drawn plan of the joint connection be first submitted to and approved by the director of public works. As a further condition of obtaining such a permit, all such buildings and structures shall be owned by the same person.

(3) Where, in the opinion of the director of public works, it is impossible or impractical to connect a building on a single lot to the main sewer except in conjunction with the connection of a building or buildings on other lots, a joint connection may be allowed; provided, that the connection conforms in all other respects to the provisions of this title and a drawn plan of the joint connection be first submitted to and approved by the director of public works. A permit for each individual lot covering the identification of the responsible party for maintenance and liability for maintenance and overflow damages shall be required.

(4) Where two or more structures on separate parcels are connected to a branched or common lateral, each property shall be disconnected from the branched or common lateral and a new separate lateral shall be constructed upon the transfer of title of either property by sale.

(d) A cleanout and an overflow device approved by the director of public works shall be installed and maintained, at the sole expense of the property owner, on all laterals. In general, the overflow device shall be located as close to the building wall as practical. The installation of the devices shall be required as follows:

(1) When building a new structure on property with an existing lateral, or when otherwise proposing to connect a previously unconnected structure to an existing lateral;

(2) As a condition of approval of any major building remodel project. A major building remodel project is one that is estimated by the city to cost $50,000 or more;

(3) Prior to the close of escrow when the property is transferred via sale or other transfer of ownership by deed, instrument or writing;

(4) Whenever the city finds that a sewage spill emanating from a lateral has reached public property, including but not limited to a city street or the city storm drain system, or has flowed onto private property owned by another property owner;

(5) Whenever the city finds that a sewage spill emanating from a lateral presents a threat to public health, even if it has not flowed across a property line.

(e) Backflow Valves.

(1) On laterals serving properties where the outlet of a trap for a plumbing fixture is installed or located at an elevation which is less than two feet above the rim of the nearest manhole or other sewer access point uphill from the point of connection of the lateral to the public sewer in any new or existing drainage system, approved types of backflow valves may be required by the director of public works. The installation of the devices shall be required under the same circumstances as set forth in subsections (d)(1) through (5), inclusive, of this section.

(2) Where a backflow valve is required, the valve shall be installed in the lateral at the point of lowest elevation of the ground surface along the alignment of the lateral, or at such other location as is permitted by the city, providing that at any such location, the elevation of the ground surface is not less than two feet below the lowest trap served by the building sewer.

(3) The backflow valve shall have cleanouts directly upstream and downstream of the valve. In addition, an overflow device shall be installed between the building wall and the backflow valve at the lowest point. The cleanouts and the overflow device shall be connected to the lateral by means of wye fittings. The backflow valve shall be accessible from the surface and protected by the use of a precast access box of concrete or heavy-duty plastic approved by the director of public works.

(4) The cleanouts and the overflow device shall be positioned at an elevation at least three inches above the ground in order to prevent the obstruction of the vent opening or the inflow of surface water.

(f) Any owner whose property meeting the elevation criteria of this section that has no backflow valve, or has a defective or improperly installed backflow valve, shall be responsible for all damage that results from the lack of such a device, or the failure of the defective or improperly installed device to prevent such damage. [Ord. 04-25 § 2, 2005; Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-308, 1952].

9.20.040 Inspections and repairs of sewer laterals.

(a) Property owners shall inspect, and provide to the city a report of the results of an inspection of, the laterals on their property prepared by a licensed plumber using closed circuit television (CCTV) inspection or other inspection or test method approved by the director of public works, and if found defective, the property owner shall obtain a building permit and (if applicable) an encroachment permit and thereafter repair the lateral, as follows:

(1) When building a new structure on property with an existing lateral, or when otherwise proposing to connect a previously unconnected structure to an existing lateral;

(2) As a condition of approval of any major building remodel project. A major building remodel project is one that is estimated by the city to cost $50,000 or more;

(3) Prior to the close of escrow when the property is transferred via sale or other transfer of ownership by deed, instrument or writing;

(4) Whenever the city finds that a sewage overflow emanating from a lateral has reached public property, including but not limited to a city street or the city storm drain system, or has flowed onto private property owned by another property owner;

(5) Whenever the city finds that a sewage overflow emanating from a lateral presents a threat to public health, even if it has not flowed across a property line.

In the absence of a specific deadline, all inspection and testing work shall be completed within 60 days of notification by the city that such inspection is required. Existing laterals shall not be used if they are found to be defective by the inspection or if they fail city mandated tests or if they were constructed of materials deemed unacceptable by the director of public works.

(b) As part of its periodic construction and maintenance of sewer mains, the city may discover defective laterals. The city may order the property owner to conduct an inspection, repair or replacement of any lateral that the city knows or reasonably suspects to be defective.

(c) The lateral shall be considered defective if it has any of the following conditions: displaced joints, root intrusion, substantial deterioration of the lines, damaged clean-out, defective clean-out, inflow, infiltration of extraneous water, or other conditions likely to substantially increase the chance for a lateral blockage, or if, within a period of one year, a lateral suffers two or more blockages resulting in overflows.

(d) Whenever defective laterals are found, the property owner, at the sole expense of the property owner, shall repair or replace the lateral. The director of public works shall determine the extent of repair required, and more limited repair than complete replacement of the lateral may be permitted at the sole discretion of the director of public works. The following requirements shall be met.

(1) A replaced or repaired lateral shall not be covered or backfilled until it has been inspected by a representative of the city.

(2) All new and repaired laterals must pass an air pressure test as specified by the director of public works.

(3) All repaired or replaced laterals shall be brought into compliance with the requirements of PGMC 9.20.030(d). Overflow devices must be installed on all repaired or replaced laterals, and backflow valves may be required to be installed on laterals meeting the criteria of PGMC 9.20.030(e).

(e) In the absence of a specific deadline established by the director of public works, all repair or replacement work shall be completed within 60 days of notification by the city that such repair or replacement is required.

(f) When a lateral is completely replaced in accord with a valid building permit and (if applicable) an encroachment permit, the property owner is not required to inspect the lateral upon sale of the property for 10 years following the date of complete replacement of the lateral.

(g) Roots, grease, or other material which have accumulated in a lateral cleaned or maintained shall be prevented from entering the sewer main during the maintenance or repair of the lateral. In the event that material is permitted to enter the main causing or contributing to the cause of a sewage spill, the property owner and/or contractor performing such maintenance work, in addition to any criminal penalties imposed, shall be held civilly liable to the city for any fines or other expenses incurred by the city resulting from the spill.

(h) The city shall have the authority to recover from a property owner the city’s expenses incurred in responding to sewer overflows on private property. In addition to any actual expenses incurred by the city resulting from an overflow, the city may impose civil administrative penalties against a property owner who fails to perform any act required in this section, which failure results in an overflow reaching public or private property other than the property owner’s property, according to the following schedule:

(1) Up to $500.00 for the first violation.

(2) Up to $1,000 for a second violation occurring within three years after the first violation.

(3) Up to $2,500 for each additional violation within a three-year period exceeding two violations.

(i) In addition to any enforcement action brought under Chapter 9.20 PGMC, or any penalty imposed pursuant to subsection (h) of this section, failure to comply with any provision of this section shall concurrently constitute a violation of this code as defined in PGMC 1.16.010(c) and (d) and PGMC 1.16.015. Concurrent enforcement of any provision of this section is authorized by civil action pursuant to PGMC 1.16.017. The owner of the property upon which the violation occurs shall be liable to the city, as a civil penalty, for the cost and value of all administrative effort and legal fees incurred by the city associated with enforcement of these requirements. The enforcement remedies set forth herein shall be cumulative.

(j) The city manager shall have the authority to establish, waive, suspend or otherwise modify any civil administrative penalty imposed by this section that exceeds the direct costs of the city upon a showing by the property owner of severe financial hardship, or upon a showing that the property owner, in accord with a valid building permit and (if applicable) an encroachment permit, has satisfactorily repaired the lateral to a degree sufficient to ensure avoidance of further violations. [Ord. 06-017 §§ 2 – 5, 2006; Ord. 04-25 § 3, 2005; Ord. 210 N.S. § 5-302, 1952].

9.20.050 Sewer connection – Required – Septic tank.

(a) Connection. All owners or occupants of premises having sanitary facilities shall, within 10 days after receiving written or printed notice from the city manager, connect said premises with the sewer. Such work of connecting with the sewer shall be done at the expense of the owner.

(b) Septic Tank. The city manager shall require the owner of property served by an existing septic tank system to connect to a sewer main (1) in the event of complete failure of the existing septic tank system (to be determined by the city engineer), or (2) in the event of new or additional development on the property which will exceed the service capacity of the existing septic tank system (to be determined by the city engineer), or (3) in the event of improvements or additions to developed structures on the property which cost will exceed 50 percent of the value of said structures as they exist at the time work begins on the improvements or additions (to be determined by the community development director). Septic tank systems abandoned per required connection to a sewer main hereunder, or abandoned for any other reason, shall have the sewage removed therefrom and at the direction, and subject to the approval, of the city engineer, shall be completely filled with earth, sand, gravel or concrete. [Ord. 97-14 § 1, 1997; Ord. 210 N.S. § 10-301, 1952].

9.20.055 Sewer connection – Permit required for change in use.

All persons, firms or corporations shall, before adding any additional plumbing fixture to an existing sewer connection (within or outside the city), make application therefor to the community development director. If the fixture, or combination of fixtures, added since the initial connection to the sewer system, results in a potential increase of use of the sewer connection which exceeds 20 percent of the potential use, at the time of initial connection, the sewer connection shall be deemed a new connection for purposes of this chapter. In making such computation of use, the community development director shall consider the continuous discharge capacity of fixtures attached at the initial connection as against such capacity with the additional fixture or fixtures.

The community development director shall take account of all fixtures added since the initial connection to the sewer system, whether or not a permit had been issued for such. Nothing herein shall be deemed a consent to or license for any connection for which a permit has not been issued.

New connections shall not be permitted outside the city except on written revocable licenses approved by the city council. Unless a permit fee shall have been otherwise paid for such fixtures under the plumbing code, each applicant shall pay a permit fee of $5.00 per fixture. The applicant shall bear the cost, deposited in advance, for any tests required to determine discharge capacity of a fixture. [Ord. 696 N.S. § 1, 1971].

9.20.060 Sewer connection – Outside city limits.

Permission may be granted to any person, firm or corporation owning or leasing property outside the corporate limits of the city to connect such property with the system of sanitary sewers of the city, in accordance with the terms and conditions of this code. [Ord. 210 N.S. § 5-303(1), 1952].

9.20.070 Outside city connection – Application.

Application for permission to connect with the city sewers shall be made in writing to the city manager. [Ord. 210 N.S. § 5-303(2), 1952].

9.20.080 Outside city connection – Cost of making.

All expenses incurred in the making of the connection with the city sewers to property outside the city shall be borne by the applicant. The plumbing upon the property and in all buildings constructed after January 16, 1952, which are to be connected with the city sewers shall comply with the Uniform Plumbing Code adopted by the city. The owner or lessee of such property shall make application to connect as provided herein, obtain a permit from the city’s community development department and pay applicable fees. The city’s community development director is authorized to inspect such buildings, issue such permits, and collect such fees as are required. [Ord. 210 N.S. § 5-303(3), 1952].

9.20.081 Outside city connection – Permission of Monterey Regional Water Pollution Control Agency required.

Any property outside of the city’s corporate limits shall require the permission of the Monterey Regional Water Pollution Control Agency in order to connect to the city’s sewer collector system, so long as said agency has the responsibility for disposing and/or treating the sewage from that system. [Ord. 1321 N.S. § 2, 1982].

9.20.085 Sewer connection fees.

(a) In addition to any sewer connection fee levied and assessed by the Monterey Regional Water Pollution Control Agency, there is levied, charged and assessed upon each premises within and without the city, which shall become connected or make a new connection to the city’s sewage collector system, a sewage connection fee equal to 50 percent of the sewer connection fee levied, charged and assessed by the district.

(b) The foregoing rate of sewer connection fee shall be applicable for each premises for connections made after the ordinance codified in this section goes into effect. The fees may be combined and collected with the fees charged by the district.

(c) The city council has enacted the ordinance codified in this section in light of, and with knowledge of, the rates charged by the district on the effective date of the ordinance codified in this section. Subsequent changes in rates by the district shall be reviewed by the council, and each such review shall be evidenced by a resolution stating such, or by an amendment to this section. [Ord. 1012 N.S. § 1, 1978; Ord. 647 N.S. § 3, 1970].

9.20.086 Sewer connection – Reimbursement agreements.

(a) In the event a property owner obtains permission to and does construct a sewer main extension in the city right-of-way, the city may enter into a reimbursement agreement with the property owner whereby the city shall endeavor to collect an agreed-upon proportionate share of construction costs from other property owners connecting to the city’s sewer system at any location on the sewer main extension so constructed.

(b) Any such agreement shall, at a minimum, provide that:

(1) The city shall incur no liability for failure or inability, for whatever reason or cause, to collect an agreed upon amount from the connecting property owner;

(2) In the event of refusal or failure of a connecting property owner to pay the agreed-upon amount (A) connection will not be refused, and (B) the constructing property owner shall be responsible for collecting the amount on his or her own behalf;

(3) No interest shall be paid or payable on any sum due under such agreement;

(4) The agreement shall be of no further force and effect 50 years following the date of installation of the subject sewer main;

(5) The amounts due from connecting property owners shall be calculated by an engineer or other person approved by the city;

(6) The agreement shall not apply to sewer connections made by the city or other public agencies.

(c) The provisions of this section shall not be construed to require or obligate the city to enter into a reimbursement agreement if, in the sole discretion of the city council, to so enter into the agreement would not be in the best interests of the city or would be detrimental to the health, safety or welfare of the city. [Ord. 09-019 § 2, 2009; Ord. 96-23 § 1, 1996; Ord. 1798 N.S. § 1, 1991].

9.20.090 Operation and maintenance of private sewer systems.

Any person or entity responsible for the operation and maintenance of a private sewer system that serves more than one building shall:

(a) Ensure that the private sewer system is designed and constructed in accordance with the specifications approved by the director of public works.

(b) Periodically clean the sewer lines in order to prevent overflows due to blockages caused by grease, roots, debris, and other causes. Sewers that have overflows shall be cleaned at the frequency that is necessary to prevent subsequent overflows.

(c) Periodically inspect the interior condition of the sewer lines in order to prevent infiltration, exfiltration, and overflows due to pipe failure. Sewers that are found to be in poor condition shall be repaired or replaced immediately.

(d) Maintain records of sewer cleaning, inspection, repair, and replacement activities and make those records available to the director of public works for inspection upon request.

(e) Respond to sewer overflows that occur in the private sewer system, contain the spilled sewage to the extent feasible, eliminate the cause, and mitigate the public health and environmental impacts of the overflow in a timely manner.

(f) Report all sewer overflows that occur in the private sewer system to the public works director within 24 hours of the occurrence and provide any additional information that may be required by the public works director.

(g) Maintain records of overflows that occur in the private sewer system and make those records available to the public works director for inspection upon request.

(h) Pay any fines or levies imposed on the city or on the person or entity responsible for the operation and maintenance of the private sewer system that may result from regulatory action following an overflow from the private sewer system. [Ord. 04-25 § 4, 2005].

9.20.100 Service charges – Inside city limits.

(a) In addition to any sewer service charge levied and assessed by the Monterey Regional Water Pollution Control Agency (the “agency”), there is levied and assessed upon each premises within and without the city, which discharges sewage which passes through the city’s sewage collector system, a sewage collector system fee not to exceed 200 percent of the sewer service charge levied and assessed by the agency in the specific amount set by city council resolution.

(b) The foregoing rate of sewage collector system fees shall be applicable for each premises for service on and after July 1, 2005. The fees may be collected in advance and may be combined with the billing by the agency or the entity which provides water service for the premises. Except for references specifically made in this chapter to sewer service charges of the agency, all references in this chapter to sewer service charges mean the fees levied and assessed in this chapter for use of the city’s sewage collection system.

(c) Any person responsible for payment of the fee imposed by this section, and who personally pays for those services, and who has qualified for and is receiving benefits under the Social Security Administration’s Supplemental Security Income Program for the Aged, Blind and Disabled (Title XVI, Social Security Act, as amended), shall be eligible for an exemption from the fee imposed by this section on service provided to such person’s residential living quarters. Provided, however, that if the aggregate gross income of all persons who share such person’s residential living quarters exceeds $12,000 per annum, the exemption shall not apply. Only one such residential exemption shall be allowed to any person. Procedures and regulations applicable to this exemption are as follows:

(1) Applications for exemptions may be filed with the city at any time on forms approved by the city clerk.

(2) The exemption shall not be effective until 75 days following receipt of the application.

(3) Applications shall be verified by declaration under penalty of perjury and shall contain such information as may be required by the city clerk.

(4) The city clerk shall review each application and shall certify eligibility for exemption if the requirements of this subsection (c) of this section are met, except no exemption shall be granted where service is through a master meter, and no exemption shall be granted for a fee which is or has been paid by a public agency or where the applicant received funds from a public agency specifically to pay the fee.

(5) Upon certification of eligibility for exemption, the city clerk shall notify the agency, stating the name of the exempt person, the address to which the service is supplied, the account number, if any, and such other information as may be necessary for the agency to remove the fee from its billing procedure.

(6) Upon receipt of notice the agency shall discontinue billing for the fee imposed by this section. Provided, fees billed by the agency prior to receipt of such notice shall be collected, and fees paid prior to receipt of such notice shall not be refunded.

(7) Exemptions certified by the city clerk shall continue so long as the facts supporting the exemption exist. Provided, the exemption shall automatically terminate with the change in service address or residence of the exempted person. Such person may apply for a new exemption for each change of address.

(8) Any person who has been exempt under this section shall notify the tax administrator within 10 days of any change in fact or circumstance which disqualifies such person from receiving an exemption. It shall be a misdemeanor, and may be enforced pursuant to Chapter 1.16 PGMC, for any person knowingly to receive the benefits of the exemption when such person has knowledge that the basis for such exemption does not or ceases to exist.

(9) The city clerk shall have the authority to demand evidence of continued eligibility for the exemption. Such evidence may include, but need not be limited to, copies of business records, letters or statements from the Social Security System and state, county, city and private pension administrators or unemployment and welfare agencies, and such other evidence concerning the exempted person or other members of his or her household as may tend to prove or disprove such eligibility. Failure to provide such evidence shall be grounds for immediate discontinuance of the exemption. Evidence provided to the city clerk at his request may not be used against the exempted person as evidence of violation of this section, but only as grounds for termination of the exemption.

(d) The city council has enacted this section with knowledge of the rates charged by the agency on the effective date of the fee hereby imposed. Subsequent changes in rates by the agency shall be reviewed by the council, and, if the council deems it appropriate, the fee imposed by this section may be modified.

(e) Nothing in this chapter shall be deemed or construed to apply to sewage discharged from publicly owned urban runoff and storm water management facilities. [Ord. 10-025 § 2, 2010; Ord. 08-027 § 2, 2008; Ord. 08-006 § 19, 2008; Ord. 05-009 § 1, 2005; Ord. 04-07 § 1, 2004; Ord. 01-05 § 1, 2001; Ord. 1842 N.S. § 1, 1992; Ord. 1663 N.S. § 1, 1989; Ord. 1006 N.S. § 1, 1978; Ord. 945 N.S. § 1, 1977; Ord. 647 N.S. § 2, 1970; Ord. 551 N.S. § 8, 1966; Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-303, 1952].

9.20.110 Service charges – Billing.

Effective for the period of service beginning July 1, 1977, all sewer service charges shall be billed by and paid to the Monterey Regional County Sanitation District. Such charges shall be paid in advance to the district upon such payment schedules as the district shall adopt. The final billing of charges by the city shall be in advance for the four-month period beginning March 1, 1977. The charges for either agency shall become delinquent 30 days after presentation of the billing therefor.

All billings for sewer service charges shall be in the name of the owner of the property being served, as reflected on the last equalized assessment roll for the county or as reflected in any deed or other satisfactory evidence of change of ownership, recorded with the county recorder since the date of the last equalized assessment roll, upon presentation of such evidence to the city manager or his or her representatives for such purposes. [Ord. 924 N.S. § 2, 1977; Ord. 789 N.S., 1974; Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-304, 1952].

9.20.120 Service charges – Rebates for vacancies.

The sewer charges provided for in this chapter shall not abate or be refundable on account of vacancy or nonoccupancy of the connected premises. Large users which pay charges according to volume of discharge, shall, for any period of nonuse, pay at the rate experienced for the year immediately preceding such nonuse. The city manager, upon receipt of sworn evidence establishing the facts, shall terminate service charges for vacant premises which have been condemned for use. [Ord. 700 N.S. § 1, 1971; Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-305, 1952].

9.20.130 Service charges – Changing.

The rates or charges for sewer service shall be as hereinabove set forth or as may be established by ordinance passed by the city council. [Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-306(1), 1952].

9.20.140 Service charges – Delinquency – Debt to city.

All delinquent accounts payable for sewer service shall be paid by the owner of the premises. Such delinquent accounts shall constitute a debt due the city for which the city may sue the owner in any competent civil court. [Ord. 789 N.S., 1974; Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-306(2), 1952].

9.20.160 Service charges – Delinquent – Penalties.

A collection charge of $0.50 shall be levied for the collection of each delinquent account and a five percent penalty shall be added for each month the account remains delinquent after 30 days from the date the same is due. [Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-306(4), 1952].

9.20.170 Application of funds.

The funds received from the collection of the sewer service charges or rentals hereinabove set forth shall be deposited with the city treasurer and shall be accounted for and be known as the “sewer fund,” and, when appropriated by the city council, shall be available for the payment of the interest on any and all bonds issued and outstanding or which may be issued for sanitary and sewerage facilities and to retire such bonds when they mature, and for the payment of the cost and expense of acquisition, construction, operation, maintenance, and repair of the city sewerage system and the sewage pumping, treatment and disposal works and extensions and improvements thereto. [Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-308, 1952].

9.20.180 Screening.

(a) Domestic Waste. Domestic sewage, consisting essentially of human wastes, may be passed into sewers without screening.

(b) Industrial Waste. Industrial waste must be screened through the equivalent of a screen with 20 meshes to the linear inch in both directions, with the allowance that in the event rotary screens are used, openings in screen plates shall be not over one-twentieth of an inch wide by two inches long. [Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-302, 1952].

9.20.185 Monterey Regional Water Pollution Control Agency provisions incorporated.

There is incorporated as a part of this chapter, as if the same were set forth herein verbatim, all of the terms, conditions, and requirements of Monterey Regional Water Pollution Control Agency (MRWPCA) Ordinance No. 92-02, passed April 27, 1992, as amended by MRWPCA Ordinance No. 93-03 on October 25, 1993, and as may be further amended by time to time by the Monterey Regional Water Pollution Control Agency in with respect to any discharge of any waste in any part of the city. Any violation of any provision thereof shall constitute a misdemeanor, and may be enforced pursuant to Chapter 1.16 PGMC, in addition to any penalty or remedy which may be available to said agency under said ordinance(s). Said agency shall be authorized on behalf of the city to enforce said ordinance(s) in any part of the city. The city reserves unto itself the power to enforce each and every term, condition, and requirement thereof in the event said agency fails or ceases to enforce the same or in the event of an emergency. [Ord. 08-006 § 20, 2008; Ord. 06-017 § 7, 2006; Ord. 1321 N.S. § 1, 1982].

9.20.190 Disconnection for violators.

Any person who fails to pay the sewer service charges as herein levied and assessed within the time limit prescribed for the payment thereof, or who violates any of the laws of the state of California, the ordinances of the city, or the rules or regulations so established referring to the discharge of sewage, and upon five days’ notice from the manager, shall be subject to having the sewer line of such person disconnected, and thereafter, no such service which has been disconnected for the nonpayment of such sewer service charges or for the violation of any of the above-mentioned state or city laws or regulations, shall be reconnected until the owner, or such person, shall have paid all delinquent sewer service charges owed the city by such person and all expenses incurred by the city in causing such disconnection and reconnection. [Ord. 230 N.S., 1952; Ord. 210 N.S. § 6-307, 1952].

9.20.200 Collection of periodic sewer service charges.

The periodic charges for sewer service provided for in this chapter may be collected with and not separately from the charges for refuse and garbage disposal upon one bill as one item. [Ord. 697 N.S. § 1, 1971].

9.20.210 Delinquent charges to constitute lien – Continuation.

Delinquent charges for sewer service, overflow-related expenses and administrative penalties, and for refuse and garbage disposal, and accrued penalties thereon, shall, when recorded as provided in PGMC 9.20.220, constitute a lien upon the real property served (except publicly owned property) and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor. [Ord. 04-25 § 5, 2005; Ord. 697 N.S. § 2, 1971].

9.20.220 When lien to attach – Release or foreclosure.

The lien provided by PGMC 9.20.210 shall attach when the city treasurer or other officer whose duty is to collect such charges, records a list of delinquent unpaid charges and penalties thereon with the county recorder, stating the total amount of delinquent charge and penalty combined, a description of the real property upon which such is a lien and a statement that the city of Pacific Grove has a lien for the combined amount so listed. Such lien shall persist until released by the city upon payment of the amount of lien, or upon foreclosure of the lien by judgment or process of law. [Ord. 697 N.S. § 3, 1971].

9.20.230 Court action.

As a separate, distinct and cumulative remedy established for collection of any charges or penalties imposed by this chapter, an action may be brought in the city’s name in any court of competent jurisdiction to enforce the lien provided for in PGMC 9.20.210. A reasonable attorney’s fee shall be awarded plaintiff in such action. [Ord. 04-25 § 6, 2005; Ord. 697 N.S. § 4, 1971].