Chapter 13.06
SEWER USER FEE
Sections:
13.06.020 Methodology for rate determination.
13.06.030 Collection of charges.
13.06.040 Expiration of sewer user fee.
13.06.010 Purpose.
This chapter establishes a sewer user fee for all parcels of real property in the city connected to the sanitary sewer system. The city provides sewer service within its boundaries. The amount of money from ad valorem taxes available to the city is inadequate to fund the cost of maintenance and repair of those sanitary sewers, but such work must be performed to protect the public health, safety, and welfare. The purpose of this chapter is to provide financing for the ongoing maintenance and repair of the city’s sanitary sewer system. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 649 § 2, 2003)
13.06.020 Methodology for rate determination.
The sewer user fee for any property in any one fiscal year shall be determined by multiplying the total number of sewer units anticipated to be generated by that property in that fiscal year by the effective sewer user fee rate for that fiscal year. These factors shall be determined as follows:
A. The total number of sewer units anticipated to be generated by a property for a fiscal year shall be deemed to be equal to the amount of water consumed on that property in the previous calendar year, minimizing to the extent feasible the amount of water used for landscaping. To determine that amount, the three months in the previous calendar year which had the lowest water usage in the city as a whole shall be determined. The total number of sewer units anticipated to be generated by a particular property shall be calculated by averaging the amount of water used at that property during such three-month period and multiplying that average by twelve.
B. The effective sewer user fee rate in any fiscal year shall be determined by dividing the annual sewer program budget for that fiscal year by the total number of sewer units in the entire city for the previous calendar year (determined by averaging the amount of water used in the entire city during the three months in that calendar year which had the lowest water usage, and multiplying that average by twelve). The annual sewer program budget shall be calculated by adding (1) the amount budgeted by the city council in that fiscal year for repair and maintenance of the sewerage system and (2) the cost of engineering administration of the fee, and subtracting from said sum the amount of any interest earned on any amounts in the sewer fund balance.
Notwithstanding the foregoing, the maximum allowable sewer user fee rate shall not exceed the rate cap established by this paragraph. The rate cap shall be one dollar two cents per sewer unit for fiscal year 2003-2004. Thereafter, the rate cap shall be increased annually by any increase in the Engineering News Record Construction Cost Index for the Los Angeles area, as determined in February of each year. The rate cap shall increase in accord with the Construction Cost Index regardless of whether or not the sewer user fee rate imposed in any one year reaches the rate cap established for that year. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 649 § 2, 2003)
13.06.030 Collection of charges.
The sewer user fee shall be collected for each fiscal year on the county of Los Angeles tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the city. For any fiscal year that the sewer user fee is not collected on the tax roll, the city may collect all or a portion of the sewer user fee for such year on the tax roll in the following fiscal year or years. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 649 § 2, 2003)
13.06.040 Expiration of sewer user fee.
The sewer user fee authorized by this chapter shall be effective from fiscal year 2003-2004 through fiscal year 2012-2013. Unless extended in accord with the then required provisions of law, the sewer user fee shall expire and be of no further force or effect as of July 1, 2013. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 649 § 2, 2003)
13.06.050 Fee adjustment.
A. At any time but no more frequently than once per year, the city council may review the status of compliance with this chapter and the degree to which the sewer user fees collected pursuant to this chapter are adequately financing the maintenance and repair of the city’s sanitary sewer system. By ordinance, and after a noticed public hearing, the sewer user fee may be increased or decreased to reflect changes in the actual and estimated revenues and costs (including, without limitation, debt service, lease payments, inflation, identification of other funding sources, and acquisition and construction costs) of sewer maintenance as compared to the previous estimate.
B. Upon adoption by the city council of any ordinance which proposes to increase the sewer user fee, the city clerk shall provide notice to all owners of parcels subject to the proposed increase. Such notice shall include a copy of the ordinance, a majority protest voting ballot, and a statement that a majority protest will prevent the enactment of the fee adjustment. At a noticed public hearing, the city council shall consider all protests and shall not enact the fee adjustment if a majority of city voters affected by the proposed adjustment submit ballots opposing the proposed adjustment. (Ord. 701 § 2 (Exh. 1), 2012)