Chapter 17.12
WATER AND SEWER CAPACITY PRIVILEGES

Sections:

17.12.100    Purpose.

17.12.110    Water and sewer capacity charges established.

17.12.120    Charges may be added to monthly bills.

17.12.130    Restriction on and/or termination of service.

17.12.140    Right of entry to property.

17.12.150    Establishing capacity charge and use of charges collected.

17.12.160    Capacity privileges run with the land.

17.12.100 Purpose.

The City Council has determined that water and sewer capacity charges shall be imposed on each new and expanded connection to the City’s water and sewer system in order to pay for each new and expanded user’s fair share of the City’s acquisition and construction costs of the existing water and sewer systems, costs of financing system improvements, and existing capital reserves. (Ord. 1129 § 2, 2013.)

17.12.110 Water and sewer capacity charges established.

Water and sewer capacity charges are hereby established pursuant to Government Code Section 66013 to pay for publicly owned water and sewer system improvements. The City Council shall set by resolution the amount of the water and sewer capacity charges and the time of payment. (Ord. 1129 § 2, 2013.)

17.12.120 Charges may be added to monthly bills.

At its option, the City may add all or any part of a water or sewer capacity charge to the monthly utility bill for City water and/or sewer services if payment of same is not otherwise timely made. (Ord. 1129 § 2, 2013.)

17.12.130 Restriction on and/or termination of service.

The City may restrict or terminate water and/or sewer services if the property owner and/or customer fail to make payment, or to arrange for deferred payment, of a capacity charge as described in this chapter. (Ord. 1129 § 2, 2013.)

17.12.140 Right of entry to property.

The City’s public works department, or its duly authorized agents, shall at all reasonable times and upon reasonable prior notice have the right to enter the property for any purpose relating to the services provided under this chapter. (Ord. 1129 § 2, 2013.)

17.12.150 Establishing capacity charge and use of charges collected.

Any capacity charge imposed pursuant to this chapter shall bear a reasonable relationship to the benefits accruing to the property. Funds collected by the City from payment of capacity charges as provided in this chapter shall be segregated from the general fund in a separate account and shall not be commingled with other funds of the City except for investments. (Ord. 1129 § 2, 2013.)

17.12.160 Capacity privileges run with the land.

The payment of capacity charges pursuant to the provisions of this chapter entitles the owner of the parcel to connect, or expand the parcel’s connection, to the City’s water and/or sewer system and shall run with the land and continue to be valid upon a change of ownership of the parcel. Capacity in the water and sewer systems is not personal property and may not be sold, assigned or transferred in any way to a parcel other than the parcel against which the charge was paid. (Ord. 1129 § 2, 2013.)