Chapter 4.10
SEWER SERVICE FEES AND CHARGES
Sections:
4.10.010 Imposition of charges.
4.10.070 Adjustments – Variance.
4.10.100 Collection of charges on tax roll.
4.10.130 Penalties for nonpayment – Lien.
4.10.140 Government or public premises.
4.10.010 Imposition of charges.
The owner of every premises connected or tributary to the sewer system shall pay a sewer service charge to WCW, except as otherwise provided in this title. [Ord. 2023-004 § 2.010]
4.10.020 Basis of charge.
The sewer service charge proportionally allocates the cost of service among all parcels to which sewer service is provided or for which service is immediately available, consistent with Proposition 218 and other provisions of California law. The basic sewer service charge established by the district recovers the sum of total costs for sewer system and plant operation, maintenance, repair, replacement, and upgrades, as well as general administration costs, funding for reserves, and to meet the district’s debt service covenants. The sewer service charges will be based on the estimated use of the sewer system for the previous calendar year, except for new connections, which will be prorated. [Ord. 2023-004 § 2.020]
4.10.030 Rates.
The rates for the sewer service charge will be established by the board, and reflected in the fee schedule. Billing categories and basis of rates will be as set forth below:
|
User Category |
Basis of Rate |
|---|---|
|
Single-family units, including townhouses |
Basic unit charge – flat rate (based on estimated water usage and sewage strength) |
|
Multifamily units, including condos |
Basic unit charge – flat rate (based on estimated water usage and sewage strength) |
|
Mobile homes |
Water usage and sewage strength or flat rate in lieu |
|
Commercial |
Water usage and sewage strength |
|
Industrial |
Water usage and sewage strength |
[Ord. 2023-004 § 2.030]
4.10.040 Enforcement.
WCW may enforce payment of any delinquent charges owed pursuant to this title in any of the following manners:
A. Any and all delinquent payments may be placed on the tax roll, and collected with property taxes, as described in WCWDC 4.10.100.
B. The general manager may institute action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the district may be collected.
C. Subject to approval by the board and in compliance with all applicable laws, the district may have the premises disconnected from the WCW sewer system. If disconnection would potentially create a public hazard or nuisance, then the general manager may in their reasonable discretion enter upon the premises for the purpose of doing such things as may be reasonably necessary to mitigate or remove the hazard or nuisance. The owner of the premises shall reimburse WCW for all expenses incurred by the district in disconnecting the premises, or in doing other things authorized by this section; and the district will not reconnect the premises until all those charges are paid.
D. Such other action may be taken as may be authorized by law and by the board. [Ord. 2023-004 § 2.040]
4.10.050 Occupancy.
No credit, adjustment or refund will be made to any owner because the premises or any part thereof are or become unoccupied. [Ord. 2023-004 § 2.050]
4.10.060 Refunds.
A. Claims for refunds and protests must be made in accordance with the provisions of California Health and Safety Code Section 5472, except that claims for refunds or corrections and protests of charges on any of the following grounds may be submitted as described below:
1. The billing categories assigned to the parcel do not accurately reflect its actual use;
2. The number of units of usage for the parcel has been incorrectly determined;
3. A clerical error has been made by WCW or the office of the county assessor;
4. The parcel has no facilities connected to the sewer system, i.e., is vacant.
B. Claims for refunds and protests on the grounds set forth in subsections (A)(1), (2), and (3) of this section must be made within four years of the earlier of the date the service charge payment was made or the date the payment first became due. Claims for refunds and protests on the grounds set forth in subsection (A)(4) of this section may be submitted at any time. All claims and protests must be submitted in writing to the general manager. The general manager will, within 60 days after the date of receipt of a written claim or protest, determine whether or not the claim or protest is valid and will notify, in writing, the claimant or protesting owner of the decision. This period may be extended by written notice from the general manager for an additional period up to 60 days to allow for adequate time to consider the claim or protest. If the general manager fails to make a determination within the 60-day period, plus any extensions, the written claim or protest will be deemed denied.
C. If the general manager determines the claim or protest is valid, the general manager will determine the sewer service charge that should have been levied for the fiscal year for which the charge is being protested.
1. For claims or protests made pursuant to subsection (A)(1), (2), or (3) of this section, a revised sewer service charge will be calculated using the procedures outlined in the rate study, using the correct user categories and number of units of usage and the sewer service charge rate in effect during the fiscal year for which the sewer service charge is being protested. For those charges collected on the tax roll, it will be assumed that one half of the revised service charge was due on December 10th of the fiscal year being protested and the other half was due on April 10th of the fiscal year being protested.
2. For claims or protests made pursuant to subsection (A)(4) of this section, the revised service charge will be $0.00.
D. If the general manager determines the claim or protest is valid and payment has been made as of the date the general manager makes the determination, a refund will be made as follows:
1. For claims or protests made pursuant to subsection (A)(1), (2), or (3) of this section, the difference between the payment less any amounts for outstanding delinquencies, penalties, and interest and the revised sewer service charge will be calculated for each payment made between the date the determination was made and four years prior to the date the claim was filed, plus interest pursuant to WCWDC 4.10.130.
2. For claims or protests made pursuant to subsection (A)(4) of this section, all payments made by the claimant will be refunded, plus interest pursuant to WCWDC 4.10.130.
E. If the general manager determines the protest is valid but payment has not been made as of the date the general manager makes the determination, a corrected bill will be issued reflecting the revised sewer service charge amount calculated pursuant to subsection (C)(1) of this section, plus any penalties and interest if applicable, for any periods between June 30th of the fiscal year in which the claim is filed and four years prior to the date the claim was filed. [Ord. 2023-004 § 2.060]
4.10.070 Adjustments – Variance.
It is the intent of the board in establishing different sewer service charges for different categories of properties to reflect the proportional cost of service attributable to that parcel. If, with respect to any parcel, the board finds that the charge is inequitable, or unfair because of unusual circumstances, it may establish a special service charge for that parcel, differing from those otherwise established which will bear a closer relationship to that parcel’s proportionate share of the sewer system’s cost of service. The special charge may be revoked at any time by the board whenever it determines that continuing the variance would be inequitable or unfair under the circumstances.
The owner of any premises who by reason of special circumstances finds that the applicable rates are unjust or inequitable as applied to their premises, may make written application to the general manager, stating the circumstances and requesting a different basis of charges for that parcel. If the general manager approves the application, then the board may fix and establish fair and equitable rates for that parcel to be effective as of the date of the application and continuing during the period of special circumstances. An adverse decision of the general manager may be appealed to the board. [Ord. 2023-004 § 2.070]
4.10.080 Delinquency date.
Except as otherwise provided elsewhere in this chapter, each sewer service charge shall be delinquent if not paid on or before the sixtieth day immediately following the date upon which such charge became due and payable. [Ord. 2023-004 § 2.080]
4.10.090 Where payable.
Except as otherwise provided elsewhere in this chapter, all sewer service charges shall be payable at the office of the West County Wastewater District, or as otherwise noted on the billing. [Ord. 2023-004 § 2.090]
4.10.100 Collection of charges on tax roll.
A. Pursuant to the provisions of Section 5470 et seq. of the Health and Safety Code of the state of California, and subject to the exceptions hereinafter set forth, the district hereby elects, as an alternative procedure for the collection of sewer charges prescribed or imposed by the provisions of this chapter to have all such sewer service charges for each fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, and together with and not separately from, its general taxes.
B. Annual Report. The general manager is hereby directed to annually prepare and file with the district secretary, before the fifteenth day of July, a written report containing a description of each and every parcel of real property receiving the sewer services hereinabove mentioned and the amount of the sewer service charge for each parcel for the fiscal year, in conformity with the charges prescribed herein; providing and excepting, that the sewer service charges for any and all governmental or public premises or for any parcels which are not subject to taxation on the tax roll not included in said report, may be collected in accordance with other provisions of this chapter. The parcels of real property included in said report may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code of the State of California and on file in the office of the county assessor of Contra Costa County, California, or by reference to plats or maps on file in the office of the district.
C. Publication of Notice. The general manager shall cause notice of the filing of said report and of a time and place of hearing thereon to be published prior to the date set for hearing, in a newspaper of general circulation printed and published within the district if there is one, and if not then in such paper printed and published in the county within which the greater part of the district is located. Publication of said notice will be once a week for two successive weeks.
D. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates not counting publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day.
E. At the time stated in the abovementioned notice, the board shall hear and consider all objections or protests, if any, to said report referred to in said notice and may continue the hearing from time to time. If the district board finds that protest is made by owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcels of land.
F. Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify any charge or overrule any or all objections, and shall make its determination upon each charge as described in said report, which determination shall be final.
G. On or before the tenth of August of each year following such final determination, the general manager shall file with the auditor of the county of Contra Costa a copy of said report with a statement endorsed thereon over his signature that it has been finally adopted by the board, and the auditor of the county of Contra Costa shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll.
H. The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of the date prescribed by law as the lien date for general property taxes.
I. The tax collector of the county of Contra Costa shall include the amount of charges on bills for taxes levied against the respective lots and parcels of land.
J. Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the district, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.
K. All laws applicable to the levy, collection and enforcement of general taxes of the district, including, but not limited to, those pertaining to matters of delinquency, correction, cancellation, refund and redemption, are applicable to such charges.
L. The tax collector may in their discretion issue separate bills for such charges and separate receipts for collection on account of such charges. The county of Contra Costa shall be compensated for services rendered in connection with the levy, collection and enforcement of such charges in an amount to be fixed by agreement between the board of supervisors of Contra Costa County and the board of directors of the West County Wastewater District.
M. If any parcels within the district are omitted from the abovementioned report or said tax roll, either because the charge therefor shall not have yet been ascertained by the general manager as of the date of said report, or for any other reason, the sewer service charge for each parcel shall be collected in the manner provided elsewhere in this chapter. If the charge for any parcel, as shown on said report for the forthcoming fiscal year, should be less than the proper charge under the provisions of this chapter, the balance of said charge shall be collected in the manner provided elsewhere in this chapter. [Ord. 2023-004 § 2.100]
4.10.110 Billing.
When the general manager determines not to collect payments owed to the district on the tax roll, the general manager may ascertain the amount of each applicable sewer service charge, and mail to the owner of each parcel in the district, within 45 days from and after July 1st of each year, a bill for the sewer service charges then due and payable. Such bills shall be mailed to the person or persons listed as the owners on the last equalized assessment roll of the county of Contra Costa at the address shown on such assessment roll, or to the successor in interest of such owner, if the name and address of such successor in interest is known to the general manager. Each bill will contain a statement that a delinquency in payment for 45 days will constitute a lien against the lot or parcel against which the charge is imposed and that when recorded will have the force, effect and priority of a judgment lien for three years unless sooner released or otherwise discharged. Failure of the general manager to mail any such bill or failure of any owner to receive any such bill will not excuse the owner of any parcel from the obligation of paying any sewer service charge for any parcel owned by him. [Ord. 2023-004 § 2.110]
4.10.120 Persons responsible.
The owner of any parcel is and shall be responsible for payment of any and all sewer service charges applicable to parcels owned by him or her. It shall be and is hereby made the duty of each such owner to ascertain from the general manager the amount and due date of any such charge applicable to parcels owned by him and to pay such charge when due and payable. [Ord. 2023-004 § 2.120]
4.10.130 Penalties for nonpayment – Lien.
Except as otherwise provided in this chapter for collection of sewer service charges through general tax law, whenever a delinquency occurs for nonpayment of the charge for 60 days, a basic penalty of 10 percent shall attach to the charge, and an additional penalty of one-half of one percent of the charge and basic penalty shall attach for each month of delinquency thereafter. After such delinquency, such unpaid charge and penalties, when recorded, shall constitute a lien upon the lot or parcel of land against which the charge was levied. [Ord. 2023-004 § 2.130]
4.10.140 Government or public premises.
The provisions of this chapter will apply to governmental or public premises as well as to premises which are not governmental or public premises. [Ord. 2023-004 § 2.140]