Chapter 13.44
SEWER RATES AND CHARGES*
Sections:
13.44.010 Schedule promulgation and standards.
13.44.020 Classification of users.
13.44.030 Types of charges and fees.
13.44.040 Determination of user charges and fees.
13.44.050 Service charges fixed by resolution.
13.44.060 Computation of service charges.
13.44.070 Relief from unjust rates.
13.44.080 Application of charges to unconnected premises.
13.44.100 Collection – Methods.
13.44.110 Tax roll collection – Authority – Alternative method.
13.44.120 Tax roll collection – Report and notice.
13.44.130 Tax roll collection – Hearing and determination.
13.44.140 Tax roll collection – Filing of report with county auditor.
13.44.150 Tax roll collection – Parcels not in city or not on roll.
13.44.160 Charges deemed lien.
13.44.170 Collection – Applicable laws.
13.44.180 Compensation of county.
13.44.200 Disconnection of delinquent premises.
13.44.210 Occupancy of disconnected premises deemed a nuisance.
* For statutory provisions authorizing cities to prescribe and collect fees, tolls, rates, rentals, and other charges, see Health and Safety Code § 5470 et seq.
13.44.010 Schedule promulgation and standards.
A schedule of charges and fees shall be adopted by the city which will enable it to comply with the revenue requirements of the State Clean Water Grant Program and charges and fees shall be determined in a manner consistent with regulations of the grant program. (Ord. 76-360 § 901).
13.44.020 Classification of users.
All users shall be classified by assigning each one to a user classification category according to the principal activity conducted on the user’s premises and appropriate nonindustrial classifications as determined by the city. The purpose of such classification is to facilitate the regulation of wastewater discharges based on wastewater constituents and characteristics to provide an effective means of source control, and to establish a system of user charges and fees which will ensure an equitable recovery of the city’s cost. (Ord. 76-360 § 902).
13.44.030 Types of charges and fees.
The charges for each wastewater constituent and characteristic shall be established by the city and set forth in the city’s schedule of charges and fees, which may include but not be limited to the following:
A. User classification charges;
B. Fees for monitoring;
C. Fees for permit applications;
D. Appeal fees;
E. Charges and fees based on wastewater constituents and characteristics to include industrial cost recovery provisions of the federal act; or
F. Ad valorem tax. (Ord. 76-360 § 903).
13.44.040 Determination of user charges and fees.
A. When user classification charges are established, they shall be computed in accordance with “Revenue Program Guidelines for Wastewater Agencies,” published by the California State Water Resources Control Board, September 1974.
B. The charges and fees established for permit users shall be based upon the measured or estimated constituents and characteristics of that user, which may include but not be limited to BOD, COD, SS, oil and grease, chlorine demand, and volume. (Ord. 76-360 § 904).
13.44.050 Service charges fixed by resolution.
The city council shall, by resolution, adopt a schedule of sewer service charges and fees which will enable the city to comply with the revenue requirements of the state Clean Water Grant Program and sewer service charges and fees shall be determined in a manner consistent with the regulations of the grant program. (Ord. 79-421 § 3; Ord. 76-361 § 10).
13.44.060 Computation of service charges.
Sewer service charges shall be computed annually under the direction of the director of public works. Water use records used for service charge computation shall be from the previous year. (Ord. 76-361 § 11).
13.44.070 Relief from unjust rates.
A. The owner or occupants of any premises who by reason of special circumstances finds that the rates set forth in this chapter are unjust or inequitable as applied to his premises, may make written application to the council, stating the circumstances and requesting a different basis of charges for sewer services to his premises.
B. If such application is approved, the council may by resolution fix and establish fair and equitable rates for such premises to be effective as of the date of such application and continuing during the period of such special circumstances.
C. The council may, on its own motion, find that by reason of special circumstances the rates set forth in this chapter are unjust and inequitable as applied to particular premises and may by resolution fix and establish fair and equitable rates for such premises during the period of such special circumstances, or any part thereof. (Ord. 76-361 § 12).
13.44.080 Application of charges to unconnected premises.
A. If a living unit is to be totally unoccupied for a minimum period of 30 days by reason of termination of water service, the sewer charge may be waived for that living unit for such period if the public works director determines that the sewer will not be used for such period.
B. Sewer service charges shall be levied upon and be payable by the owner of any building that is not connected to the public sewer as required by any law of the city or state. Such sewer service charges shall accrue commencing 90 days after the date of official notice to connect to the public sewer. (Ord. 76-361 § 13).
13.44.090 Billing.
A. The regular billing period will be for each calendar month, or bimonthly, as determined by the council.
B. Opening and closing bills for less than the normal billing period shall be prorated on a daily-use basis.
C. Bills for sewer service shall be rendered at the beginning of each billing period and are payable upon presentation, except as otherwise provided.
D. No owner or agent or subsequent tenant will be held liable for sewer service charged on account of nonpayment of charges by a previous tenant. The city may, however, require that service to subsequent tenants be furnished on the account of the landlord or property owner.
E. As an alternative to any of the other procedures provided in this division, the city may collect unpaid charges by suit, in which event it shall also have judgment for the cost of suit and reasonable attorney’s fees. (Ord. 89-535 § 2; Ord. 76-361 §§ 15 – 19).
13.44.100 Collection – Methods.
A. The city council may provide by contract for the collection of its sewer service charges with the rates for the services, facilities, and water of the water system or other utility service furnished by it or the owner of such system. The sewer service charges shall be itemized, billed upon the same bill, and collected as one item, together with and not separately from such utility service charge.
B. If all or any part of the bill of any privately owned public utility on which any sewer service charge is collected is not paid, the privately owned public utility may discontinue its utility service until such bill is paid.
C. The city may provide in the contract with the privately owned public utility, on which sewer service charges are collected, the compensation for making such collections.
D. In the absence of the ownership by the city of such other utility service or of an agreement with the owner thereof to collect such charges, and as an alternative procedure thereto, the city may provide for the collection of all such delinquent charges that have not been paid and collected at the time of establishing its tax rate, upon the tax roll upon which city taxes are collected and in the same manner provided by law therefor.
E. The city may provide otherwise for the collection of such delinquent charges. All remedies provided in this division for their enforcement and collection are cumulative and may be pursued alternatively or collectively as the city determines. (Ord. 76-361 §§ 25 – 29).
13.44.110 Tax roll collection – Authority – Alternative method.
A. When the city elects to use the tax roll on which general city taxes are collected for the collection of current or delinquent sewer service charges, proceedings therefor shall be had as now or hereafter provided therefor in Article 4, Chapter 6, Part 3, Division 5 of the Health and Safety Code.
B. The powers authorized by this section shall be alternative to all other powers of the city and alternative to procedures adopted by the council thereof for the collection of such charges. (Ord. 76-361 §§ 35, 36).
13.44.120 Tax roll collection – Report and notice.
A. A written report shall be prepared and filed with the city clerk which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the forthcoming year computed in conformity with the charges prescribed by this chapter.
B. The city clerk shall cause notice of the filing of the report and of the time and place of hearing thereon to be published once a week for two successive weeks prior to the date set for hearing, in the Humboldt Beacon, a newspaper of general circulation, printed and published within the city. Prior to such hearing for the first time, the city clerk shall mail a notice in writing of the filing of the first report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any part or parcel of real property described in the report is assessed in the last equalized assessment roll on which general city taxes are collected, at the address shown on the roll or as known to the city clerk. (Ord. 76-361 §§ 37, 38).
13.44.130 Tax roll collection – Hearing and determination.
A. At the time of the hearing, the council shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time.
B. Upon the conclusion of the hearing on the report, the council will 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 the report, which determination shall be final. (Ord. 76-361 §§ 39, 40).
13.44.140 Tax roll collection – Filing of report with county auditor.
On or before the tenth day of August in each year following the final determination of the council, the city clerk shall file with the auditor a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the council of the city, and the auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. (Ord. 76-361 § 41).
13.44.150 Tax roll collection – Parcels not in city or not on roll.
A. Where any such parcels are outside the boundaries of the city, they shall be added to the assessment roll of the entity for the purpose of collecting such charges.
B. If the property is not described on the roll, the auditor shall enter the description thereon together with the amounts of the charges, as shown on the report. (Ord. 76-361 §§ 42, 43).
13.44.160 Charges deemed lien.
A. 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 noon on the first Monday in March of each year. The tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land.
B. 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 city, and shall be delinquent at the same time and thereafter be subject to the same penalties for delinquency. (Ord. 76-361 §§ 44, 45).
13.44.170 Collection – Applicable laws.
All laws applicable to the levy, collection and enforcement of general taxes of the city, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such charges. (Ord. 76-361 § 46).
13.44.180 Compensation of county.
The tax collector may, in his discretion, issue separate bills for such charges and separate receipts for collection on account of such charges. The county shall be compensated for services rendered in connection with the levy, collection, and enforcement of such charges for the city in an amount to be fixed by agreement between the board of supervisors and the city council. The compensation shall not exceed one percent of all money collected. The compensation shall be paid into the county salary fund. (Ord. 76-361 § 47).
13.44.190 Use of revenue.
Revenues derived under this division shall be used only for the acquisition, construction or reconstruction, maintenance, and operation of sanitation or sewerage facilities of the city and to repay principal and interest on bonds issued for the construction of such sanitary or sewerage facilities and to repay federal, state, county or other loans or advances made to the city for the construction or reconstruction of sanitary or sewerage facilities; provided, however, that such revenue shall not be used for the acquisition or construction of new local street sewers or laterals, as distinguished from main truck, interceptor, and outfall sewers. (Ord. 76-361 § 48).
13.44.200 Disconnection of delinquent premises.
A. As an alternative method of collecting sewer charges, the city may disconnect any premises from the water and sewer system if the user fails to pay the service charges for his premises after they have been delinquent.
B. The person in charge of the sewer system shall estimate the cost of disconnection of such premises from the enterprise and the cost of reconnecting it thereto, and such user shall deposit the cost as estimated of disconnection and reconnection before such premises are reconnected to the sewer system. In the event such arrearages are paid and the premises are reconnected to the sewer system, the person in charge shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. (Ord. 76-361 § 55).
13.44.210 Occupancy of disconnected premises deemed a nuisance.
During the period of nonconnection or disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the council shall cause proceedings to be brought for the abatement of the occupancy of the premises by the human beings. In such event, and as a condition of connection or reconnection, there shall be paid to the city reasonable attorneys’ fees and costs of suit arising in the action. (Ord. 76-361 § 56).