Chapter 6.04
SEWERS AND SEWAGE DISPOSAL
6.04.010 Sewer connection charges established—Schedule of rates.
6.04.020 Connection charge payable when.
6.04.030 Payment confers right to single connection.
6.04.040 Transfer of sewage from lot for which connection charges not paid.
6.04.050 Sewer improvement fund.
6.04.060 Council to contract for construction of improvements to sewer system.
6.04.070 Subdivider to install sewer lines.
6.04.080 Prohibited discharges into sanitary sewer system.
6.04.090 Provision for grease, oil or sand interceptors.
6.04.095 Backwater protection devices for sewer services.
6.04.100 Prevention of injurious substances in sewers.
6.04.120 Sewer service charge.
6.04.130 Failure to pay sewer service charge.
6.04.131 Transfer of delinquent accounts into the name of the property owner.
6.04.140 Penalties for nonpayment.
6.04.150 Governmental or public premises.
6.04.160 Violation and penalties.
6.04.010 Sewer connection charges established—Schedule of rates.
In order to establish appropriate provisions for the construction and expansion of the sanitary sewer system of the city and to be assured that the cost of such construction and expansion is borne by those who receive the benefits thereof, there is hereby established connection charges for all connections to the sanitary sewer system of the city; such connection charges shall be established by resolution. (Ord. 975 § 1, 1982: prior code § 21.1).
6.04.020 Connection charge payable when.
The sewer connection charge, above provided for shall be payable at the time the owner makes a request and obtains a building permit to construct a building which will use the sewer facilities of the city. (Prior code § 21.2).
6.04.030 Payment confers right to single connection.
The payment of a connection charge shall entitle the specified lot or parcel of land for which payment is made to a single connection to a sewer line. (Prior code § 21.3).
6.04.040 Transfer of sewage from lot for which connection charges not paid.
Sewage originating on a lot or parcel of land for which a connecting charge has not been paid may not be transferred to any sewer line by way of another lot or parcel of land for which a sewer connection charge has been paid. (Prior code § 21.4).
6.04.050 Sewer improvement fund.
All fees collected under the provisions of this chapter including sewer connection charges provided for by Section 6.04.010 and sewer service charges provided for by Section 6.04.120 shall be paid into a fund hereby created known as the "sewer improvement fund," and the moneys paid into such fund shall be used only for the acquisition, construction, reconstruction, maintenance and operation of sanitation or sanitary sewer facilities, to repay principal and interest on bonds issued for the construction or reconstruction of such sanitary sewer facilities and to repay federal or state loans or advances made for the construction or reconstruction of sanitation or sanitary sewer facilities. (Ord. 960 § 8, 1981: prior code § 21.5).
6.04.060 Council to contract for construction of improvements to sewer system.
Whenever a subdivider or other property owner requiring the construction of sewer mains from his respective property to the nearest sewer main or pumping plant outside of his respective property and where, in the opinion of the council, it is necessary that a larger sewer main pumping plant or other improvements to the sewer system be constructed of a larger capacity than the minimum capacity needed to serve such subdivision or other property and that such extended sewer main will be or can be used in the disposal of sewage from adjacent properties not in such subdivision or other properties, and council may contract with either such subdivider or other property owner for the construction of such additional sewer main, pumping plant or other improvements to the sewer system upon such terms as the council shall deem reasonable and proper. (Prior code § 21.5-1).
6.04.070 Subdivider to install sewer lines.
No provisions of Sections 6.04.010 to 6.04.060 are intended to nor shall be construed to relieve or otherwise excuse any subdivider from the installation at his own sole cost and expense of all sanitary sewer lines and connecting lines within any subdivision created pursuant to Title 17 or other ordinances of the city. (Prior code § 21.5-2).
6.04.075 Service lateral.
Every user of the sanitary sewer system shall be connected to the city sewer main by a sewer service lateral. All sewer service laterals connecting a user, whether a single-family residence, commercial building, or other structure, to a city-owned sewer main located in the public right-of-way or easement shall be owned, maintained and repaired by the owner of the property being served, from and including the lateral’s connection point at the city sewer main to the building or other point of use on the property. This includes both the portion on private property and the portion located beneath the sidewalk and street or any other public right-of-way or easement areas such as alleys, trails, and landscape areas, up to and including the point where the lateral connects to the city sewer main:
(a) The connection of the lateral sewer/service lateral into the public sewer shall be made in accordance with the standard specifications and other city requirements and at the applicant’s expense. The property owner shall be obligated to install and maintain the sewer lateral at his/her sole expense from the sewer main to the building being served. Where the city has partially constructed the service lateral from the main to the property line in order to avoid the further or future tearing up of the streets, it shall be the property owner’s obligation to reimburse the city for the actual cost of that portion of the sewer service lateral constructed by the city. Property owners shall be solely responsible for the entire cost of the sewer service lateral from the main to the building being serviced, which shall be collected at the time of the connection to the public sewer system. The connection to the public sewer shall be made in the presence of a city inspector and under their supervision and direction. Any damage to the public sewer shall be repaired in conformance with the standard specifications and other city requirements at the cost of the applicant.
(b) Every house or building in and for which the plumbing work has been properly constructed and not previously connected to the city’s sanitary sewer system through either a combined or separate sewer service lateral shall be separately and independently connected to the sewer system by a sewer service lateral; provided, that in the case of an accessory dwelling unit, duplex or apartment houses one sewer may be permitted, if, in the opinion of the city engineer or such other person as the council may hereafter designate, it is adequate as to size and location. Nothing within this section precludes an existing house or building owner with an existing connection to a sewer service lateral serving multiple properties to apply for city approval to install a separate and independent sewer service lateral connection to the city’s sanitary sewer system.
(c) The city shall have the right to conduct maintenance inspection and/or repairs to the service lateral, if needed, and it shall be the property owner’s obligation to reimburse the city for the actual cost of such repair and inspection. (Ord. 1410 § 3, 2019).
6.04.080 Prohibited discharges into sanitary sewer system.
It is unlawful for any person to discharge or to cause or permit to be discharged any of the following materials into the sanitary sewer system of the city:
(1) Gasoline, benzene, naphtha, fuel oil or other flammable liquid or gas;
(2) Solid or viscous substances in quantities or of such size as to cause obstruction to the flow in sewers;
(3) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity to injure or interfere with any treatment process;
(4) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit;
(5) Any water or waste containing fats, wax, grease, or oils in excess of fifty milligrams per liter;
(6) Any garbage that has not been properly shredded and containing particles greater than one-half inch in any dimension;
(7) Any waters containing synthetic detergents in sufficient quantity to injure or interfere with any sewage treatment process or create problems in the receiving waters of the sewage treatment plant;
(8) Any water or waste containing radioactive material in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create a hazard in the receiving waters of the sewage treatment plant;
(9) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, fruit pits, rags, feathers, tar, plastics, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage system;
(10) Wastewater from a cooling system;
(11) The suds or filthy water resulting from the washing of clothing, garbage or other material from kitchens or other foul or filthy matter;
(12) Any other garbage, offal, dead animals, filth, refuse, or any substance whatever having the tendency to obstruct the flow of water or sewage in the sanitary sewer system of the city;
(13) Any stormwater, surface water, ground water, roof runoff or subsurface drainage. (Ord. 960 § 2, 1981).
6.04.090 Provision for grease, oil or sand interceptors.
Grease, oil or sand interceptors shall be provided when, in the opinion of the director of public works, the same are necessary to prevent accumulation of objectional substances from clogging or interfering with the normal sewage flow and sewage treatment. (Ord. 960 § 3, 1981).
6.04.095 Backwater protection devices for sewer services.
Sewer service laterals serving plumbing fixtures in rooms with a floor elevation below the elevation of the next upstream manhole cover of the public sewer serving such drainage piping shall be protected from backflow of sewage by installation of an approved type of backwater valve. Fixtures in rooms with a floor elevation above such manhole elevation shall not discharge through a required backwater valve. (Ord. 1305 § 1, 2006).
6.04.100 Prevention of injurious substances in sewers.
(a) The director of public works is charged with enforcement of the provisions of this chapter and with the coordination of all city officials and departments in order to achieve its purposes.
(b) The director of public works shall have the power to stop and prevent from discharging into the sanitary sewer system any private drain through which substances are discharged which are liable to injure the sanitary sewer system or to obstruct the flow of water or sewage.
(c) The director of public works or his designated agent shall have the right to go upon the premises of the person discharging sewage into the sanitary sewer system for the purpose of checking the fixtures, establishing the sewer service charges, protecting the rights of the city in obtaining any information deemed necessary to protect such rights. (Ord. 960 § 4, 1981: prior code § 21.8).
6.04.120 Sewer service charge.
(a) All users of the sanitary sewer system shall pay to the city for the use of such facilities, a sewer service charge. Such sewer service charge shall be imposed for the purpose of recovering all or a portion of the costs of operating the sanitary sewer system including operation and maintenance costs and capital and replacement costs.
(b) The city council shall by resolution establish the amount of such sewer service charges and may classify or define various kinds of domestic or commercial sewage in accordance with their relative effects upon the operation of the sanitary sewer system and may provide for varying charges for operation and maintenance in accordance with the relative difficulty or cost to the city in accepting and treating the sewage.
(c) All such sewer service charges shall be a debt owed to the city and in default of payment thereof, the city may utilize any of the remedies set forth in Section 6.04.130 for collection of such sewer service charges.
(d) On and after the effective date of Ordinance 1438, all new sewer service accounts shall be placed in the name of the owner of record (as reflected on the current Yuba County assessor’s roll) of the property receiving such sewer service. On and after the effective date of Ordinance 1438, any transfer of sewer service accounts must be transferred into the name of the owner of record of the property receiving sewer service. All sewer service accounts which remain delinquent as specified in Section 6.04.131 shall be transferred into the name of the owner of record of the property receiving such sewer service who shall thereafter be responsible for payment of the sewer service charges for sewer service provided to the property. The owner of the property receiving sewer service may consent that a nonowner person, firm or entity receive a duplicate bill for sewer service to the property in question and that such person, firm or entity may pay the charges for such service. Notwithstanding the property owner’s consent to duplicate billing, the property owner shall remain primarily and personally responsible for all sewer service charges, including penalties and interest associated with sewer service provided to the owner’s property. (Ord. 1438 § 2, 2022; Ord. 960 § 5, 1981).
6.04.130 Failure to pay sewer service charge.
In the event that any person liable therefor fails to pay the sewer service charge imposed hereunder within thirty days after it becomes delinquent, the city may take any one or more of the following actions:
(1) An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of the delinquent sewer service charge;
(2) In the event of habitual delinquency, or by reason of accounts otherwise not collectible, the city may disconnect the premises from the public sewer; provided, however, that such disconnection shall not be made until notice of such action is given by certified mail to the property owner and such property owner or other person to whom the service charge is to be billed has an opportunity to appear and have the matter heard by the city council;
(3) After giving written notice to the property owner or to the person to whom the service charge is to be billed and providing such person with an opportunity to be heard by the city council, the city council may order that said delinquent sewer service charge shall be assessed against the property and it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against any lien upon said property. The validity of any assessment made under the provisions of this section shall not be contested in any action or proceeding unless the same is commenced within thirty days after the assessment is placed upon the assessment roll as provided in this chapter. Certified copies of such assessment shall be given to the county assessor and the county tax collector who shall add the amount of the assessment to the next regular tax bill levied against the parcel and such assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. (Ord. 960 § 6, 1981).
6.04.131 Transfer of delinquent accounts into the name of the property owner.
In the event a sewer service account stands in the name of a person, firm or entity who is not the owner of record of the property receiving such service, and if such account is more than thirty days delinquent, the city, or its billing agent on behalf of the city, shall provide written notice to the person, firm or entity in whose name the sewer service account is held and to the property owner of record as shown on the current Yuba County assessor’s roll which shall include the following information:
(a) The service location, name and address;
(b) The amount of the delinquency;
(c) That payment of all delinquent amounts must be received within thirty days of the date of the notice, or the owner of record’s property will be subject to assessment and lien;
(d) A description of procedures by which alternative payment arrangements can be made with respect to the delinquent service charges; and
(e) Contact information for the notice recipients to discuss resolution of the delinquent charges.
Unless all delinquent charges have been paid within thirty days of notice (or unless alternative arrangements have been made regarding such delinquent balance) the owner of record of the property receiving sewer service shall be personally responsible for sewer service charges provided to the property (whether or not the owner requests to be placed on the sewer service account) and additionally the owner’s property shall be subject to assessment and lien pursuant to the provisions of Section 6.04.130. (Ord. 1438 § 3, 2022).
6.04.140 Penalties for nonpayment.
The city council shall by resolution establish the amount of such penalties for nonpayment of delinquent sewer charges. For the purposes of this chapter, a sewer service charge shall be deemed to be delinquent thirty days after such charge is due and payable. (Ord. 1444 § 1, 2023; Ord. 960 § 7, 1981).
6.04.150 Governmental or public premises.
The provisions of this chapter shall apply to governmental or public premises as well as to premises which are not governmental or public premises. As used herein, the terms "governmental or public premises" means and includes premises which are owned, controlled or used by: (i) the United States Government or any department or agency thereof; (ii) the state, or any department or agency thereof; (iii) any city or county or any of their departments or agencies; (iv) any school district; and (v) any other governmental or public entity. (Ord. 960 § 9, 1981).
6.04.160 Violation and penalties.
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction punishable on the first offense by a fine of one hundred dollars and on each subsequent offense by a fine of one hundred fifty dollars. (Ord. 1160 § 32, 1993: Ord. 960 § 10, 1981).