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HomeMy WebLinkAboutCC ORD 1995-2096 Amends Ch. 14.04, sewer system (14.04)ORDINANCE NO, 9 5- 2 0 9 6 AN ORDINANCE OF THE CITY COUNCIL OF THE THE CITY OF NATIONAL CITY AMENDING ORDINANCE NOS. 1069, 1719, 92-2030 AND 93-2061, AND AMENDING CHAPTER 14.04 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO THE SEWER SYSTEM The City Council of the City of National City does hereby ordain that Ordinance Nos. 1069, 1719, 92-2030 and 93-2061, and Chapter 14.04 of the National City Municipal Code are amended to read as follows: Chapter 14.04 SEWER SYSTEM Sections: 14.04.010 Sewer Service Revenue Fund. 14.04.020 Sewer Service Charges --Designated. 14.04.030 Variances. 14.04.040 Sewer Service Charges --Deposit. 14.04.050 Sewer Service Charge --Payment. 14.04.060 Delinquent Charges as Debt to City --Court Action. 14.04.070 Delinquent Charges to Constitute Lien. 14.04.080 Disconnection of Sewer Line. 14.04.010 Sewer Service Revenue Fund. A. There is established a fund to be designated the sewer revenue fund. B. All revenue derived from the following service charges and from sewer department operations shall be deposited into the sewer service revenue fund. 1 Sewer permits 2. Sewer rentals 3. Sewer service charge 4. Sewer transportation charge 5. Sewer connection fees 6. Miscellaneous other sewer revenue. charges; Ordinance No. 95-2096 Page 2 C. The fund shall be used solely for the following purposes: 1. The San Diego metropolitan sewer annual capacity 2. San Diego metropolitan sewer annual maintenance and operation charge; 3. Maintenance and operation of the sewer department and improvement of collector lines and system. 14.04.020 Sewer Service Charges --Designated. In addition to other fees, assessments, or charges provided by the laws of the city or otherwise, the owner or occupant of any parcel of real property which parcel is connected to the sewer system of National City and/or to a water system maintained by the Sweetwater Authority or any other public or private agency, shall pay sewer service charges or fees as follows: A. Property Located Within the City Limits. Sewer service charges shall be as determined from time to time by City Council by Ordinance requiring a 4/5 vote, after a public meeting. B. Property Outside the City Limits. Property outside the city limits and connected to the National City sewer system shall pay sewer service charges as established for property within the City, or at rates established for the jurisdiction in which the property lies, whichever is greater. C. Minimum Charge. The minimum charge for Commercial/Industrial accounts shall be equal to the lowest charge for residential use, which is the mobile home rate. 14.04.030 Variances. A. The City Manager or his/her designee has the authority to grant variances and to establish rules and regulations for the granting of such variances from the established sewer service charges upon his/her own initiative, or when the owner or occupant of any premises applies therefor as hereinafter set forth, and when one or more of the following situations exist: 1. Where the owner or occupant can establish, upon presentation of compelling laboratory data, that the rate -of -return -to -sewage, the suspended solids level (SS), or the biological oxygen demand (BOD) of Ordinance No. 9 5- 2 0 9 6 Page 3 sewage from the property is other than as set forth in the Federal Standard Industrial Code (SIC) system guidelines. 2. Where the water account is for fire service only, the sewer service charge shall be zero. 3. Where the water account is for landscape only, the sewer service charge shall be zero. 4. Where the premises are connected to septic tank and are not connected to the sewer system of the City, the sewer charge shall be zero, provided that all premises must comply with Section 14.06.020 and Section 14.06.130 of this Code. 5. Where water is not supplied by Sweetwater Authority, or where sewer flow is larger than water delivered. 6. Where documentary proof acceptable to the City Manager or his/her designee establishes that a single-family living unit has been vacant for a minimum of six months and there is no intent to occupy the unit within the next six months, and where gas, electric and water services have been severed from the unit as demonstrated by provision of a "disconnect notice" from SDG&E, or through submittal of certified bills from a licensed electrical and/or plumbing contractor that the utility services have been severed. B. The owner or occupant of any premises subject to the sewer service may apply in writing to the City Manager or his/her designee for a reclassification of such premises under the provisions of this section; provided however, that no rebate upon such reclassification shall be allowed for a period more than ninety days preceding the filing of such application. The applicant shall furnish substantial engineering and factual data to support the applicant's contention that the premises should be reclassified as provided in this section. 14.04.040 Sewer Service Charge --Deposit. A guarantee of payment deposit shall be required from all applicants for sewer service. The amount of such deposit and the return thereof, shall be as determined by the City Manager or his/her designee based upon Regulations developed by the City Manager or his/her designee. Ordinance No. 9 5- 2 0 9 6 Page 4 14.04.050 Sewer Service Charges --Payment. A. All sewer service charges imposed under the provisions of this chapter shall be computed and billed on a semi- monthly basis as determined by the City Manager or his/her designee, and shall be payable upon the billing of such charges to the owner or the occupants. All sewer service charges shall be billed either to the owner of the property to which sewer service is provided, or the occupant of such property. In either case the owner of the property shall be ultimately responsible for payment of sewer service charges for the property, and for any applicable penalties. B. The sewer service charges and the billing therefore may be combined with other bills and separately designated. The City Council may, by resolution, authorize another public agency to bill and collect the sewer service charges provided for herein, and to remit such collections to the city; and the City Council may authorize and allow a reasonable fee to such public agency for services rendered in such billing, collecting and remitting. C. Bills for sewer service charges shall become delinquent after the payment due date, which is the final date of payment. If the sewer service charge is not paid before the close of business or postmarked before midnight of the final date of payment, a penalty of ten percent of the amount of said sewer service charge shall be added thereto; provided however, that when the final day for payment falls on Saturday, Sunday, or a legal holiday, payment may be made without penalty on the next regular business day. D. Any sewer service charge that becomes delinquent shall have added to the basic penalty of ten percent an additional penalty of one and one-half percent per month for non-payment of the delinquent charge and the basic penalty. All payments for sewer service charges, when received, shall be applied to an account in the following sequence: 1. To City lien amounts not yet recorded by the County. 2. To accumulated interest charges. 3. To City penalty charges. 4. To any City prior balance. 5. To City current fees. 6. Then in order to any prior balances and current fees charged or collected on the City billing. Ordinance No. 9 5- 2 0 9 6 Page 5 14.04.060 Delinquent Charges as Debt to City Court Action. Any sewer service charge or fees established or set by this Chapter or any subsequent ordinances or amendments enacted by the City, which become delinquent pursuant to the terms of the ordinance establishing same, and all penalties or delinquent charges accrued thereon, shall constitute a debt due to the City, for which the City may sue the party responsible therefore, be it the owner and/or the occupant or user of the property or premises being served, in any competent civil court for collection of same. If the City prevails in such civil action it shall be awarded a reasonable attorney's fees, to the fixed by the court, in addition to any other relief granted or other costs awarded. 14.04.070 Delinquent Charges to Constitute Lien. A. Any sewer service charge or fees established or set by this Chapter or any subsequent ordinance enacted by this City, and all amendments thereto, which become delinquent for a period ofa least 60 days pursuant to the terms of the ordinance establishing same, and all penalties or delinquent charges accrued thereon, shall constitute a lien upon the real property served (except publicly owned property), and such lien shall continue until the charge or fee and all penalties thereon are fully paid or until the property is sold therefor. B. When the sewer service charge has not been paid for a period of at least 60 days after the final date of payment as set forth in Section 14.04.050, the owner of the property shall be notified by mail that failure to pay said charge will result in a lien upon the property. Said notice shall inform said owner of the public hearing to be held on said delinquent account. C. When the full amount for said sewer service charge is not paid for a period of a least 60 days after the final date of payment as set forth in Section 14.04.050, the City Clerk shall set said delinquent account for hearing by the City Council which will be held after such sixty-day period has expired. 1. Prior notice to the delinquent charges and of the hearing to consider such charges shall be served upon the owner of the property to which sewer service is provided, as determined by the latest equalized assessment roll. 2. Notice of the hearing shall be served at least ten (10) days prior to the hearing upon the owner of the property. The notice shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of the property, after diligent search, cannot be found, the notice may be served by posting Ordinance No. 9 5- 2 0 9 6 Page 6 a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the county pursuant to Section 6062 of the Government Code. D. The City Council shall consider said delinquent accounts at the time set for hearing, together with any objections or protest by interested parties. Any owner of land or person affected by the sewer service charges may present a written or oral protest or objection to said account. At the conclusion of the hearing, the City Council shall either approve the account as submitted, or as modified or corrected by the City Council. The decision for the City Council on the charges, and on all protest or objections, shall be final and conclusive. The amounts so approved shall be charges to the owner of the property on the next regular tax bill, and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause a certificate specifying the amount of the unpaid charges to be recorded on the assessment roll, and thereafter such assessment shall constitute a special assessment against and a lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. E. For each sewer service account which has a delinquent sewer service charge balance that is transferred in to the City's processing system for the establishment of same as a lien to be collected upon the tax rolls, there is hereby levied thereon a lien transfer fee, in such and amount as shall be set from time to time by resolution of the City Council, to be added to the delinquent account balance to reimburse the City for the actual cost of the data processing, accounting, public notice and control procedures related to the lien processing system; provided, however, that no lien transfer fee shall be levied on any delinquent account unless and until prior written notice of the intent to levy such fee is given to the delinquent user in question, in accordance with Subsection C. 14.04.080 Disconnection of Sewer Line. Any person, firm or corporation who is the owner, occupant or user of property receiving sewer services from the City, who fails or refuses to pay any sewer service charge or fee as provided by City ordinance within the time limit prescribed for the payment thereof, shall be subject to having his/her sewer line disconnected, and thereafter no such sewer service which has been disconnect- ed for nonpayment of such sewer service charge or fee shall be reconnected until the owner, occupant or user of such property shall have paid all delinquent charges or fees owed the City and all actual expenses incurred by the City in causing such disconnection and reconnection. Ordinance No. 95-2096 Page 7 PASSED and ADOPTED this 1 s t day of Au g u s t , 1995. ATTEST: APPROVED AS TO FORM: George H. Fiser, III City Attorney George H. aters Mayor or y Passed and adopted by the Council of the City of National City, California, on August 1, 1995, by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California C(X\ity C e°'''}1/4'rk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on July 25, 1995 and on August 1, 1995. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 95-2096 of the City Council of the City of National City, passed and adopted by the Council of said City on August 1, 1995. City Clerk of the City of National City, California By: Deputy