Chapter 14.08
SEWER CONNECTION FEES AND SEWER SERVICE CHARGES
Sections:
14.08.020 Sewer connection/capacity fees.
14.08.030 Sewer service charges.
14.08.040 Sewer service outside city limits.
14.08.060 Equivalent dwelling unit determination.
14.08.010 Application for sewer connections and/or monthly sewer service – Applicant responsibilities.
A. Applications. Applications for sewer connections and/or sewer service shall be submitted at the department of engineering at the City Hall on prescribed forms provided by the city.
B. Compliance of Applicant. Application approved for sewer service and/or sewer connections will signify the applicant’s willingness and intention to comply with all ordinances and regulations relating to sewer service and/or connections and to make payment for such sewer service fees, connection fees, sewer construction permit deposits, and inspection fees, as well as other pertinent contingent fees set forth by resolution and by other applicable rules and regulations. (Ord. 338 § 1, 2005)
14.08.020 Sewer connection/capacity fees.
A. The sewer connection fee shall be set by ordinance in accordance with California Health and Safety Code Section 5474, as amended.
B. Connection fees and inspection fees are due and payable at the time of application for a wastewater discharge permit. The number of equivalent dwelling units shall be used to compute the amount of the connection fee.
C. If the proposed connection cannot be made, the fee will be refunded when approved by the city engineer. (Ord. 338 § 1, 2005)
14.08.030 Sewer service charges.
A. The sewer service charges shall be set by ordinance in accordance with California Health and Safety Code Section 5471, as amended.
B. A sewer service charge is levied and assessed upon each premises which discharges sewage that ultimately passes through the city’s sewer system.
C. The record owner of the property shall be responsible for payment of the sewer service charge. Any agreement between landlords and tenants to the contrary will not relieve the landlord or record owner of the property of the responsibility for payment of the sewer service charges to the city.
D. Sewer service charges may be collected either through the tax roll of the county of San Diego, on the property’s water bill based on water consumption, or by issuing a manual bill for payment. The method utilized is determined by the city engineer based upon the estimated volume and type of wastewater discharge into the sewer.
E. Payment of sewer service charges for new connections are paid for at the time the wastewater discharge permit is paid. If the permit is for an existing building the sewer service charges will be prorated for the fiscal year based upon the date the permit is issued. If the permit is for new construction or connection, then a time credit of four months shall be allowed when computing the amount of sewer service charges due between the day of application and the next billing in which the account can be included on the tax roll. This prorated amount shall be paid at the time the wastewater discharge permit is issued.
F. Sewer charges that are not paid within 40 days of the billing date shall be subject to a basic penalty not to exceed 10 percent for the nonpayment of the sewer service charges, in accordance with California Health and Safety Code Section 5473.10, as amended. An additional penalty of not to exceed one and one-half percent per month for the unpaid sewer service charges and the basic penalty may also be imposed.
G. Sewer service charges that remain delinquent for a period of 60 days shall constitute a lien against the property for which the sewer service was provided in accordance with the procedures stated in California Health and Safety Code Section 5473.11, as amended.
H. Delinquent sewer service charges may be collected on the tax roll in the same manner and at the same time as the general taxes, pursuant to California Health and Safety Code Section 5473a, as amended. The city of Solana Beach may also seek other collection methods as provided by law. (Ord. 356 § 1, 2006; Ord. 338 § 1, 2005)
14.08.040 Sewer service outside city limits.
When it appears to be in the best interest of the city and the people thereof, the city council may approve an agreement for property situated outside the city to be permitted to connect to the sewer system. The agreement may state the terms of connection, special conditions and limitations, cost for service, annexation fees, connection fees, and other conditions of sewer service. Fees for new and existing service outside of the city limits shall be charged at a rate of 1.3333 times the rate applicable to the same category of connection charged within the city limits. (Ord. 338 § 1, 2005)
14.08.050 Refunds, back charges, and changes in use resulting in different rates, sewer service charges and/or connection fees.
A. Increased Rates. Whenever the use of any premises previously connected to the city system is changed so that there is a fee applicable to such premises increased from that which existed at the time original application was made, there shall immediately become due, owing and payable to the city the increase in fees applicable. The charges imposed by this regulation shall become delinquent 60 days following the date they become due.
B. Back Charges for Unpaid Sewer Service. The city engineer is authorized to require back charges in the event that a property has been discharging into the sewer system without payment of sewer service charges. The back charges may be imposed up to four years in areas.
C. Refund/Reduction of Sewer Service Charges and/or Connection Fees. The city engineer is authorized to allow refunds of annual sewer service charges and/or connection fees to nondischarging parcel owners and to property owners which have been overcharged for sewer service and/or connection fees. The city engineer is authorized to discontinue assessing nondischarging parcels for sewer service and to reduce the assessment of over-charged parcels to an appropriate level of service charge. Only those amounts which were over-charged will be refunded, and without accrued interest. Notwithstanding any other provision of law, the city engineer shall not have the authority to refund or reduce sewer service or connection charges for charges made beyond any applicable statute of limitations period. (Ord. 338 § 1, 2005)
14.08.060 Equivalent dwelling unit determination.
The number of equivalent dwelling units (EDUs) assigned to each structure is determined as follows:
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A. |
RESIDENTIAL |
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1. |
Single-family residence per each individual dwelling unit, per lot (includes manufactured homes and mobile homes which are on private lots) |
1.0 EDU |
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2. |
Residential single-family detached common interest developments per each individual living unit |
1.0 EDU |
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3. |
Apartments and residential multifamily attached common interest developments, per each individual living unit, regardless of number of bedrooms |
0.9 EDU |
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4. |
Accessory living units |
0.8 EDU |
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5. |
Mobile home and trailer parks, per each individual space:* |
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a. |
Mobile home |
0.5 EDU |
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b. |
Trailer space |
0.5 EDU |
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c. |
Recreational vehicle park, occupied or not |
0.5 EDU |
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* Any accessory facilities such as laundry, dining, recreational and offices shall be considered separately in addition to trailer spaces, as per this section. |
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B. |
COMMERCIAL/INDUSTRIAL/SCHOOL FACILITIES |
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1. |
Food service establishments: |
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a. |
Take-out restaurants with disposable utensils, no dishwasher, and no public restrooms |
3.0 EDU |
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b. |
Miscellaneous food establishments: ice-cream/yogurt shops, bakeries, or similar (sales on premises only) |
3.0 EDU |
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c. |
Take-out/eat-in restaurants: |
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i. |
Restaurants with disposable utensils, seating and public restrooms |
3.0 EDU |
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ii. |
Restaurants with re-usable utensils, seating and public restrooms (includes cocktail lounges, taverns and bars) with a maximum 18 seats; for over 18 seats, 1 EDU is assigned for each additional 6 seats. For cocktail lounges, taverns and bars, the number of seats will be equal to 80 percent of the maximum occupant load for the eating area as defined by the current Uniform Building Code. |
3.0 EDU (up to 18 seats)
1.0 EDU for each additional 6 seats over 18 seats |
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2. |
Hotels and motels:* |
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Per living unit without kitchen |
0.38 EDU |
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Per living unit with kitchen |
0.60 EDU |
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* Any accessory facilities such as laundry, dining, recreational and offices shall be considered separately in addition to living units, as per this section. |
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3. |
Commercial, professional, industrial buildings, to include markets, recreational facilities, full-service laundries/dry cleaners, mortuaries, and all variations thereof, and establishments not specifically listed herein: |
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a. |
Any office, store, motor-vehicle wash, or industrial condominium or establishment: |
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i. |
First 1,000 square feet of gross building floor area |
1.2 EDU |
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ii. |
Each additional 1,000 square or portion thereof |
0.7 EDU |
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b. |
Where occupancy type or usage is unknown at the time of application for service, the following EDUs shall apply. This shall include, but not be limited to, shopping centers, industrial parks, and professional office buildings: |
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i. |
First 1,000 square feet of gross building floor area |
1.2 EDU |
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ii. |
Each additional 1,000 square feet of gross building floor area. Portions less than 1,000 square feet will be prorated. |
0.7 EDU |
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4. |
Self-service laundry, per washer |
1.0 EDU |
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5. |
Churches, theaters, and auditoriums per each 150 person seating capacity, or fraction thereof. (Does not include office spaces, school rooms, day care facilities, food preparation areas, etc. Additional EDUs will be assigned for these supplementary uses.) |
1.5 EDU |
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6. |
Schools, to include day care centers, boarding schools, or other combined youth educational, recreational and residential facilities: |
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a. |
Elementary schools, for 50 pupils or fewer |
1.0 EDU |
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b. |
Junior high schools, for 40 pupils or fewer |
1.0 EDU |
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c. |
High schools, for 24 pupils or fewer |
1.0 EDU |
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Additional EDUs shall be prorated based on above values. The number of pupils shall be based on the average daily attendance of pupils at the school during the preceding fiscal year, computed in accordance with the education code of the state of California. However, where the school has had no attendance during the preceding fiscal year, the city engineer shall estimate the average daily attendance for the fiscal year for which the fee is to be paid and compute the fee based on such estimate. |
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7. |
Convalescent homes:* |
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a. |
Skilled nursing care facilities, psychological hospitals, convalescent hospitals, licensed by the Department of Health |
0.7 EDU/bed |
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b. |
Community care facilities with 16 or more beds licensed by the State Department of Health |
0.5 EDU/bed |
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c. |
Small community care facilities with 7 to 15 beds licensed by the county department of social services |
0.5 EDU/bed |
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d. |
Community care homes with 6 or fewer total residents, including resident staff and housekeepers (to be the same EDU as a single-family residence) |
1.0 EDU |
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* Any accessory facilities such as laundry, dining, recreational areas and offices shall be considered separately in addition to beds/residents, as per this section. |
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8. |
Automobile service station: |
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a. |
Four gasoline/diesel/natural gas pumps or less |
2.0 EDU |
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b. |
More than 4 gasoline/diesel/natural gas pumps |
3.0 EDU |
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c. |
Each floor drain connected to sewer |
0.5 EDU |
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9. |
Warehouse or equivalent, per 4 fixture unit increment |
1.0 EDU |
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10. |
In the case of commercial, industrial, and other establishments not included in Commercial/Industrial items (B)(1) through (9) inclusive, or when the EDUs specified in items (B)(1) through (9) are not representative of actual flow due to the number of employees or type of operation, the number of equivalent dwelling units shall be determined in each case by the city engineer and shall be based upon the estimated volume and type of wastewater discharge into the sewer. |
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FY 2016 |
FY 2017 |
FY 2018 |
FY 2019 |
FY 2020 |
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$618.14 |
$633.59 |
$649.43 |
$665.67 |
$682.31 |
(Ord. 462 § 1, 2015; Ord. 458 § 2, 2015; Ord. 452 § 1, 2014; Ord. 441 § 1, 2013; Ord. 438 § 1, 2012; Ord. 402 § 1, 2009; Ord. 386 § 1, 2008; Ord. 365 § 1, 2007; Ord. 352 § 1, 2006; Ord. 338 § 1, 2005)