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Home My WebLink AboutCC ORD 1963-1069 Sewer provisions (14.04)ORDINANCE NO. 1069 ORDINANCE OF THE CITY OF NATIONAL CITY ESTABLISHING A SEWER REVENUE FUND AND ESTABLISHING SEWER SERVICE CHARGES WHEREAS, the City of National City has obligated itself by reason of the Metropolitan Sewage Disposal Agreement to the City of San Diego for certain periodic payments, in- cluding an annual Capacity Service Charge, and an annual Main- tenance and Operation Charge, and WHEREAS, it is necessary to produce revenue to off- set the increased expenditure by the City of National City. NOW, THEREFORE, the City of National City does ordain as follows: SECTION ONE: Sewer Service Revenue Fund. (a) There is hereby established a fund to be desig- nated "Sewer Service Revenue Fund." (b) All revenue derived from the following service charges and from Sewer Department operations shall be deposited into the said "Sewer Service Revenue Fund." (c) The said fund shall be used solely for the following purposes: I. San Diego Metropolitan Sewer Annual Capacity Charges. 2. San Diego Metropolitan Sewer Annual Main- tenance and Operation Charge. 3. Maintenance and operation of the sewer department and improvement of collector lines and system. SECTION TWO: Sewer Service Charges. 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 said parcel is connected to the sewer system of National City and/or to a water system maintained by the California Water and Telephone Company or any other public or private agency, shall pay a sewer service charge as follows: A. Property located within the City limits of National City. 1. Domestic. (a) The domestic sewer service charge for each single family dwelling unit serviced by a separate water meter shall be One Dollar and Fifty Cents ($I.50) per month. (b) A monthly sewer service charge for other parcels of real property used for domestic purposes as herein defined, and serviced by a water meter shall be 25% of the amount of the total water bill for the property, but in no case less than One Dollar and Fifty Cents ($1.50) per month, nor more than $1.50 per dwelling unit per month. 2. Commercial and Industrial. A monthly sewer service charge for premises other than domestic purposes shall be 25% of the gross water bill for water service as computed in accordance with the rates as established by the supplier of water thereto, but in no case shall be less than One Dollar and Fifty Cents ($1.50) per month. B. Property located outside the City limits of National City. Where property included in this Section Two is located outside the City limits of National City, but is located in such proximity to the City that it could be annexed to the City, the charges to be paid by the owner or occupant of such property shall be double the amounts specified in sub- section A of this Section Two. C. Definition. For purpose of this section, real property shall be deemed to be used for domestic purposes when such property is used solely for single family residence or the furnishing of lodging by the operation of hotels, auto courts, apartment houses, bungalow courts, housing units, rooming houses, motels, trailer parks, or the rental of property for lodging purposes. SECTION THREE: Variances. (a) The City Manager shall have the power to grant variances and to establish rules and regulations for the grant- ing of such variances from the established sewer service charges 2 upon his own initiative, or when the owner or occupant of any premises applied therefor as hereinafter provided, and one or more of the following situations exist provided such variance and rules and regulations shall be approved by resolution of the City Council:. 1. Where the sewage from any plant, building, or premises of an industrial or commercial character shall be substantially different in volume or type from the average sewage entering the sewer system of the City. For the purpose - of this sub -section, "Average Sewage" shall be: In volume, 70 gallons of sewage for each 100 gallons of water consumed on any plant, building or premises of an industrial or commercial character, and in type, 300 parts per million of suspended solids and 300 parts per million of biochemical oxygen demand. 2. Where a substantial portion of the premises of an industrial or commercial establishment is used for indus- trial, commercial, recreational, horticultural or agricultural purposes of such a nature that the water supplied to such premises is not entirely or substantially discharged into the sewer system. 3. Where a fire service connection to the water system is installed. 4. Where the premises are not connected to the sewer system of the City of National City.and it is not physically possible or reasonably feasible financially to connect such prem- ises with the City sewer system. 5. When water is supplied to premises through a separate water meter measuring irrigation water and that water is used entirely for irrigation purposes. 6. Where water is furnished from a source other than the California Water and Telephone Company and/orotherpublic or private agency. (b) The owner or occupant of any premises subject to the sewer service may apply in writing to the City Manager for a reclassification of such premises under the provisions of Paragraphs a(1), a(2), a(3), a(4), a(5), and a(6); provided 3 however, that no rebate upon such reclassification shall be allowed for a period more than ninety (90) days preceding the filing of such application. The applicant shall furnish sub- stantialengineering and factual data to support the applicant's contention that the premises should be reclassified as provided in this section. SECTION FOUR: Payment of Sewer Service Charges. (a) All sewer service charges imposed under these provisionsofthisordinanceshall be computed on a monthly basis and shall be payable upon the billing of such charges to the owner or the occupant. (b) The charges and the billing therefor may be combined with other utility bills and separately designated. The City Council may, by resolution, authorize the California Water and Telephone Company or other appropriate public utility, to bi11 and collect the Sewer Service Charges provided herein and to remit such collections to the City, and may auth- orize and allow a reasonable fee to such utility for services rendered in such billing, collecting and remitting. (c) If the sewer service charge is not paid before the close of business or postmarked before midnight of the final date for payment, a penalty of ten per cent (106) of the amount of said sewer service charge, said penalty not to exceed the amount of Three Dollars ($3.00), shall be added thereto; pro- vided, 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) In the event the owner or occupant of any premises shall be delinquent in the payment of his sewer service charge and such delinquency shall continue for a period of five (5) days after the final date for payment of such charges, the City of National City shall have the right, forth- with and without notice, to discontinue sewer service to such delinquent owner or occupant, and sewer service shall not again be supplied to him until all delinquent sewer service 4 charges plus the penalties thereon as herein provided have been paid. The sewer service charge may be collected by suit in any court of competent jurisdiction or any other manner. SECTION FIVE: Sewer Service Payment Deposit. (a) Guarantee deposits may be required from all applicants for sewer service who are not the legal or equit- able owners of the property to be served except applicants for domestic sewer service. (b) The City of National City shall have the right to require deposits from the owner or occupant of any premises who has allowed his bill for sewer service charge to become delinquent or who does not have credit rating acceptable to the City Council. (c) Deposits shall be equal to the estimated amount of three (3) months' sewer service charges, but in no event shall the deposit be less than Five Dollars ($5.00). SECTION SIX: This Ordinance is hereby declared an urgency matter necessary for the immediate preservation of the public peace; health and safety and one of urgency, to take effect immediately from and after its passage and adoption. The facts constituting the urgency are hereby declared to be as follows: Sewer service charged provided by this ordinance cannot be billed and collected until after the effective date of this ordinance and funds to be derived from such charges are urgently and immediately requiredforthepurposes set forth in this ordinance. PASSED AND ADOPTED by the City Council of the City of National City, California, this 16th day of April 19 63 , by the following vote, to -wit: AYES: Councilmen Allenx Colburn, Gautereaux NAYS: Councilmen Hart, Morgan ABSENT: None ATTEST: 7-Mayor of the'Citpof ational City, California City Clerk I hereby approve the foregoing fR x rthis l6th day of April , 19 63 Ordinance J ayor of the City of +(tional City, California I hereby certify that the above and foregoing is a full and true copy of Ord No 1069 Reacha of the 1 Orn of the City of National City, California, as adopted by the City Council of said dina City, and approved by the Mayor of said City, on the l6th day of P.�ril 19 6 City Clerk of the City of National City, California. Deputy