Chapter 4.10
SEWER STANDBY CHARGES

Sections:

Article I. General Provisions

4.10.010    Short title.

4.10.020    Definitions.

4.10.030    Alternate procedure.

Article II. Sewer Standby Charges

4.10.040    Rate schedule.

Article III. Collection

4.10.050    Election to collect on tax roll.

4.10.060    Report.

4.10.070    Hearing on report.

4.10.080    Final determination of charges.

4.10.090    Filing a report with County Auditor.

Article I. General Provisions

4.10.010 Short title.

This chapter may be cited as “Sanitary District No. 5 of Marin County sewer standby charges ordinance.” [Ord. 81-3 § 1.1.]

4.10.020 Definitions.

Unless the context otherwise indicates, terms used herein have the following meanings:

“Board” means the Board of Directors of said District.

“District” means Sanitary District No. 5 of Marin County.

“Person” is any human being, firm, company, partnership, association, and private, public and municipal corporation, the United States of America, the State of California, districts and all political subdivisions, governmental agencies and mandatories thereof.

“Report” means the report referred to in Cal. Health & Safety Code § 5473.

“Sewer standby charges” means fees, tolls, rates, rentals or other charges for the availability of services and facilities furnished by District in connection with its sanitary sewerage collection, treatment and disposal system.

“Single-family dwelling unit” shall mean the place of residence for a single family. Property improved for multifamily use shall be assigned the number of units that the structure(s) thereon provide in number of facilities for single-family use. [Ord. 81-3 § 1.2.]

4.10.030 Alternate procedure.

The Board hereby declares that the procedure established herein for the collection of sewer standby charges is an alternative procedure pursuant to Cal. Health & Safety Code §§ 5473.1 through 5473.11 and in addition to the authority granted to such District pursuant to any other law. If for any reason any premises having sewer facilities of the District available against which a sewer standby charge is prescribed does not appear on the tax roll of the County of Marin, District shall collect said charge by any other procedure available to District pursuant to ordinance or law. [Ord. 81-3 § 1.3.]

Article II. Sewer Standby Charges

4.10.040 Rate schedule.

Sewer standby charges are hereby prescribed in accordance with the schedule of charges set forth in Exhibit “A” attached hereto and incorporated by reference herein.

Exhibit “A”

Sanitary District No. 5 of Marin County Schedule of Sewer Standby Charges

A. Annual sewer standby charges are prescribed as follows:

1. Single-family dwelling unit:

$197.00

2. All other structures, or portions thereof used for purposes other than as single-family dwelling units, shall be assigned an equivalent number, as determined by the District, based upon (a) the chemical and/or other composition of the wastewater produced, and (b) any requirements imposed by the Federal or State governments or agencies thereof. For each number so assigned the annual charge shall be:

$197.00

3. All parcels of unimproved real property shall be assigned an equivalent number based upon the single-family dwelling units or other structures which each such parcel is capable of carrying if fully developed in accordance with current zoning requirements applicable to each such parcel. For each number so assigned the annual charge shall be:

$197.00

B. In addition to the standby charges prescribed in subsection (A) of this exhibit, there shall be levied upon each lot or parcel of land against which a charge has been imposed an additional charge of $2.00 to be collected and used for the purpose of defraying the costs of levying, collecting and enforcing said charges. [Ord. 81-3 § 2.1.]

Article III. Collection

4.10.050 Election to collect on tax roll.

The District hereby elects, pursuant to Cal. Water Code § 5473, to have the above charges collected on the tax roll of Marin County in the manner provided by law and this chapter. [Ord. 81-3 § 3.1.]

4.10.060 Report.

A written report shall be prepared and filed with the Secretary, which shall contain a description of each parcel of real property located within District to which sewer service is available from the sanitary sewerage collection, treatment and disposal system of the District and the amount of the charge for each parcel for said year, computed in conformity with the charges prescribed by this chapter. [Ord. 81-3 § 3.2.]

4.10.070 Hearing on report.

Monday, the third day of August, 1981, at the hour of 7:30 p.m., at the District Office, 2001 Paradise Drive, Tiburon, California, is hereby fixed as the time and place for hearing on said report filed with the Secretary of this District, and the Secretary shall publish notice of said hearing and of the filing of said report once a week for two successive weeks, with at least five days intervening between the respective publication dates, not counting such publication dates, prior to the date set for hearing, in The Ark, a newspaper printed and published in the District and shall cause to be mailed notice of the filing of said report and the time and place of hearing thereon to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available, at the address shown on said roll or as known to the Secretary. [Ord. 81-3 § 3.3.]

4.10.080 Final determination of charges.

Upon the conclusion of the hearing on the report, the Board 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 said report, which determination shall be final. [Ord. 81-3 § 3.4.]

4.10.090 Filing a report with County Auditor.

On or before the tenth day of August of each year, following the final determinations of the Board, the Secretary shall file with the County Auditor of Marin County a copy of said report with a statement endorsed thereon over his signature that it has been finally adopted by the Board of the Directors of the District, and the County 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. 81-3 § 3.5.]