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HomeMy WebLinkAboutOrd - 62 - Sewer Service Charge """. - ,...' 12/30/57 ,..... ORDINANCE NO. 62 EAST SAN BERNARDINO COUNTY WATER DISTRICT SEWER SERVICE CHARGE ORDINANCE ARTICLE I. GENERAL PROVISIONS 1. ShortTitle................... 2. Enabling Statutes. . . . . . . 3. Application. . . . . . . . . . 4. Enterprise. . . . . . . . . 5. Separability. . . . 6. Posting................. 7. Relief on Application. . . . . . . . . . . 8. Relief on Own Motion. . . . . . . . . ARTICLE II. DEFINITIONS 10. Applicant........... ...... 11. Bathroom........... ....... 12. Building........... .... 13. Entity................... 14. Legislative Body. . . . . . . . 15. Permit... .......... 16. Person... . ............ 17. Single Family Unit. . . . . . . . . ARTICLE III. BILLING AND COLLECTION 20. Billing........... ...... 21. Opening and Closing Bills. . . . . . . . . . . . 22. BillingTime................... 23. Penalties.................... 24. Collection by Suit. . . . . . . . . . . . . . . . ARTICLE IV. COLLECTION WITH OTHER UTILITY CHARGES 30. Other Utility Charges. . . . . . . . . . . 31. With Utility Charges of Entity. . . . . . . 32. Discontinuance of Service Upon Delinquency. 33. Id.-Time............. .... ARTICLE V. RECORDING LIEN 40. Lien for Delinquency. . . . . . 41. Duration of Lien. . . . . . . . . . . . . . . . . 42. Continuance of Penalties. 43. Contents of Statement. . . . . . . . . . . 44. Execution, Acknowledgment and Filing. . . . 45. Effect and Enforcement of Lien. 46. Law Applicable. . . . . . . . . . . ARTICLE VI. DISCONNECTION 50. Connections Mandatory. . . . . . . . . . . 51. Disconnection. . . . . . . . . . . . . . . 52. Abatement................. ARTICLE VII. CONNECTION CHARGES 60. Connection Charges. . . . . . . . . . . . 61. Installation of Service ARTICLE VIII. SEWER SERVICE CHARGE 70. Rate Schedule - Service Charge. . . . . . . 71. Classification of Service. . . . . . 72. Units of Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pag~:. 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 ¡Ø'.. ~ Ì"" ,~ ORDINANCE NO. 62 AN ORDINANCE ESTABLISHING RATES AND CHARGES FOR SEWAGE DISPOSAL SERVICE AND PROVIDING PROCEDURES FOR ITS ENFORCEMENT Be it ordained by the Board of Directors of the East San Bernar- dinc, County Water District, as follows: ARTICLE I. GENERAL PROVISIONS 1. Short Title. This ordinance may be cited as "East San Ber- nardino County Water District Sewer Service Charge Ordinance". 2. Enabling statutes. This ordinance is adopted pursuant to Article 2, Chapter 6, Part 1, Division 2, Title 5 of the Govern~lent Code and pursuant to Article 4, Chapter 6, Part 3, Division 5 of the Health and Safety Code and pursuant to Articles 1 and 6, Chapter 1, Part 5, Division 12 of the Water Code and further pursuant to SE!ction 11 of Article XI of the Constitution of the State of California. 3. Application. This ordinance shall apply only to sewer faci- liti,~s constructed with the proceeds of the Sewer Revenue Bonds of 1958 of &1tity and additions, extensions and improvements thereto. 4. Enterprise. Entity will furnish a system, plant, wor~s and undertaking used for and useful in the collection, treatment and dis- posal of sanitary sewage and industrial waste for Entity, including all part¡¡ of the enterprise, all appurtenances thereto, and lands, easements, rights in land, contract rights, and franchises. 5. Separability. It is hereby declared that Entity would have passed this ordinance and each section, sub-section, sentence, clause or phrase thereof, irrespective of the fact that anyone or more of the sections, sub-sections, sentences, clauses, or phrases be declared invalid. 6. Posting. The adoption of this ordinance shall be entered in the minutes of the Legislative Body and shall be posted in three (3) pubIlc places in Entity within ten (10) days following its passage. 7. Relief on AtPlication. When any person by reason of ;special circumstances, is of t e opinion that any provision of this ordinance is unjust or inequitable as applied to his premises, he may make written application to the Legislative Body stating the special circumstances, citing the provision complained of, and requesting suspension or modifi- cation of that provision as applied to his premises. If such application be approved, the Legislative Body may" by resolution, suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application and continuing during the period of the special circumstances. 8. Relief on Own Motion. The Legislative Body may, on its own motioo, find that by reason of special circumstances any provision of this .regulation and ordinance should be suspended or modified as applied to a :;Jarticular premise and may, by resolution, order such suspension or modif:Lcation for such premises during the period of such special circum- stanc,~s, or any part thereof. ARTICLE II. DEFINITIONS 10. Applicant shall mean a person who has applied to the Entity for sewer service. Bathroom shall mean a room containing a toilet. 11. 12. Building shall mean any structure used for human habitation or a place of business, recreation or other purposes and containing sanitary facilities. 13. Entity means the East San Bernardino County Water District. ^ -- ,.-.."" 14. Legislative Body shall mean the Board of Directors of Entity. 15. Permit shall mean any written authorization required pursuant to ti'i'I'S"õr any other regulation of Entity for the installa- tion of any sewage works. 16. Person shall mean any human being, individual, firm, company, partnership, association and private or public or municipal corporation, the United States of America, the State of California, a di8trict and any political subdivision, governmental agency and mandatory thereof. 17. Single Family Unit shall mean the place of residence for a single family. Property improved for multi-family purposes shall constitute the number of units that the facilities thereon provide in number of single family units. ARTICLE III. BILLING AND COLLECTION 20. Billing. The regular billing period will be for each calendar mon~h, or bi-monthly, as determined by the Legislative Body. ~ 21. Opening and Closing Bills. Opening and closing bills ~ less than the normal billing period shall be for not less than one month. 22. Billing Time. Bills for sewer service shall be render- ed a'; the beginning of each billing period and are payable upon presf~nta tion. 23. Penalties. If the bill is not paid within 15 days from the due date, a basic penalty of ten per cent will be added thereto and ,)n the first day of each calendar month thereafter a penalt:{ of one-half of 1% of the amount of the delinquent bill shall also be added and become due. 24. Collection by Suit. As an alternative to any of thE~ other procedures herein provided, Entity may bring an action against the person or persons who occupied the premises when the service was rendered for the collection of the amount of the delinquent rate and all penalties and costs of collection including a reason- able attorney's fee. ARTICLE IV. COLLECTION ','11TH OTHER UTILITY CHARGES 31. With Utility Charges of Entity. Where the person charged is a user of another utility owned and operated by Entity, the charges shall be collected together with and not separately from the charges for the other utility service rendered by it. They shall be bined upon the same bill and collected as one item. 32, Discontinuance of Service Upon Delinquency. Upon delin- quency, the other utility service shall be discontinued until full payment of the dual charges and penalties thereon and the charges for recontinuance of service. 33. Id. - Time. The time for the discontinuance of such other service shall not exceed forty-five (45) days from the date the sewer charges are provided to become delinquent. -2- ^ .- ,.-.. ,,"'\ ARTICLE V. RECORDING LIEN 40. Lien for Delinquency. It is hereby declared that when a statement of delinquent charges and all penalties and other charges which have accrued thereon has been recorded, the same shall consti- tute a lien upon the real property receiving or to receive the serv- ices, excepting publicly owned property. 41. Duration of Lien. Such lien shall continue until the charE;es and all penalties thereon have been fully paid or the prop- erty subject thereto has been sold to satisfy the lien. 42. Continuance of Penalties. Penalties shall continue to accrue during the period of non-payment. 43. Contents of Statement. The statement shall contain a de- scription of the property served or to be served, the period of the servtce or proposed service, the amount of the charges, and a refer- ence to this rate ordinance by number and date of adoption. 44. Execution, Acknowledgment and Filing. The statement shall be executed by the person having charge of the Dilling and collection of such charges or his deputy. His signatl:1re shall be acknowledged. It shall be filed with the County Recorder of the county in which Entity is located, at least once each year. 45. Effect and Enforcement of Lien. Such lien shall have the force, effect, priority and duration of an abstract of a judgment against the owner of real property and may be enforced in like manner. 46. Law Applicable. The provisions of the Revenue Bond Law of 1941 as to toe filing and enforcement of liens shall apply. ARTICLE VI. DISCONNECTION 50. c'bnnections Mandatory. Th~ further maintenance or use of cesspools or, lother local means of sewage disposa 1 const itute a public nuisance. All buildings inhabited or used by human beings which are not nore than 200 feet from the sewerage system of Entity or any extension hereafter made thereto, and in which any sewage is produced shall be connected with the sewerage system of Entity not more than 30 days from the time when such connection can be made. 51. Disconnection. Premises as to which charges have become delinquent may be disconnected. The sewer superintendent shall esti- mate 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 prem~Lses are reconnected to the sewer system. The amount of the cost of disconnection and reconnection over the deposit shall con- stitute a charge and be collected as such. The amount of the deposit not used shall be repaid or applied as a deposit. 52. Abatement. During the period of non-connection or discon- nect:Lon, habitation of such premises by human beings shall constitute a public nuisance, whereupon the Legislative Body shall cause pro- ceed:Lngs to be brought for the abatement of the occupancy of said prem:Lses by human beings. In such event, a reasonable attorney's fee f¡hall become due as a penalty for non-payment. -3- ,...., -. -. /""'" ARTICLE VII. CONNECTION CHARGES 60. Connection Char~. The following connection charges are by established and shalloe collected at the time of issuing the l:lcation for a sewer connection: ~~) From the time the Sewer System is completed and ready to rec ,~onnections through June 30, 1959: $2.00 permit fee (to be paid by the plumbing contrac- tor or other person making the installation) B[Jb) $5.00 inspection fee (to be paid by applicant) From July 1, 1959 through December 31,1959, inclusive: $2.00 permit fee (to be paid by the plumbing contrac- tor or other person making the in- stallation) $50.00 connection charge including inspection (to be paid by the applicant) (c) From January 1, 1960 through December 31, 1960: $2.00 permit fee (to be paid by the plumbing contrac- tor or other person making the in- stallation) $75.00 connection charge including inspection (to be paid by the applicant) From January 1, 1961 ad infinitum: (d) $2.00 permit fee (to be paid by the plumbing contrac- tor or other person making the in- stallation) $100.00 connection charge including inspection (to be JJú. (ftd, !iÞ. 100 ()I.) paid by the applicant) . ~D t~61. Installation of Service. Regular sewer service will be . '~ed at the location and in the manner provided in the East San .;l.8~- Bernardino County Water District Regulations Ordinance. ARTICLE VIII. SEWER SERVICE CHARGE 70. Rate Schedule - Service Charge. A service charge of $3.00 per month is hereby established for each unit of sewer service. 71. Classification of Service. All monthly sewer charges shal:. be1:ased upon the classification of types of service. The pro- per type of classification is set forth in the succeeding section for ~jype of service. ii' ED 72. Units of Service. The following units of service are ~rel~ fixed and established for the following classifications of ~peB of property and use: ~/' _0 ::::D::r:::nection Units of Service Single Family Dwellings* 1.0 Apartment Houses a* 2.0 Courts a 2.0 Duplexes* 2.0 Motels b 1.0 Trailer Parks c 3.0 Rooming Houses n 1.0 -4- '" ~ Type of Connection COMMERCIAL Animal Clinics Barber Shops Beauty Shops Bottling Works h (Soft Drink) Churches With Kitchens Without Kitchens Convents n Dairies e Day Nurseries k Drug Stores 0 Food Markets g Laundries and Laundromats f Libraries Meat Packing i Meeting Halls With Kitchens Without Kitchens Pet Shops Poultry Processing j Professional Buildings P Public Buildings Restauronts d With Bar ~Iithout Bar Schools Elementary and Nursery High and Junior High Service Stations Swimming Schools m Taverns d GENERAL COM!1ERCIAL ~^ Units of Service 3.0 2.0 3.0 3.0 2.0 1.0 1.0 3.0 2.0 1.5 2.0 12.0 1.0 4.0 2.0 1.0 2.0 8.0 2.0 1.0 5.0 3.0 10 17 2.0 1.0 3.0 (All Commercial establishments not listed above or separately classified by future action of the Legislative Body. ) q 1.5 Included in the above classification but not limited to the follo'wing, are: Appliance Stores Automobile Repair Shops and Garages Bakeries Brickyards Cabinet Shops Candy Stores Cleaning Establishments Clothing Stores Food Lockers Furniture Stores Hardware Stores Insurance Offices Light M3nufacturing (Investi- gate employee level) Liquor Stores ~ Lumber Yards Miscellaneous Repair Shop Moving and Storage New and Used Car Dealers Nurseries-Horticultural type Plumbing Shop Radio Stations(Transmitter) Radio and TV Sales &: Service Real Estate Offices Roofing Yards Sign Painting Tire Sales and Repair Trailer Sales and Service Warehouses Welding Shops Apartment Houses and Courts: 1 additional service unit for up to each apartcGnt over 2. * Motels: 1 oGditional service unit for up to each 3 motel units after first 3. b. -5- c. d. e. f. g. h. 1. j. k. m. n. o. p. q. * ATTEST: ,-c, 1"'.1""". ~ Trailer Parks: 3 additional service units for up to each 4 stalls after first 4. Restaurants: 1 additional service unit for up to each 20 seats after first 20. (Small restaurants can be less than 3 f()r basic rate.) Add 2 units for bar. Dairies: 1 additional service unit for up to each 400 pounds per day of milk received after first 1,000 pounds per day. Laundries and Laundromats: 1 additional service unit fo]~ up to each 750 pounds dry wash per day after first 1,000 poundfl dry wash per day. Food Markets: 1 additional service unit for up to every 5 per- sons employed after first 5. Eating facilities to be classi- fied separately as restaurants. Add 5 units per month for commercial garbage grinder. Soft Drink Bottling Works: 1 additional service unit for up to each 700 cases per month after the first 2,000 cases. Meat Packing Plant: 1 additional service unit for up to each 1,000 pounds of meat processed per month after first 4,000 pounds. Poultry Processing: 1 additional service unit for up to each 20 pounds killed per day (dressed weight) after the first 200 pounds per day. Day Nursery: 1 additional service unit for up to each 6 child- ren after the first 10. Swimming School: 1 additional service unit for up to each 3 toilets and/or showers after the first 3. (Does not include pool discharge) 1 additional service unit for up to each 3 perSons after first 5. Drug Store: 1 additional service unit for up to each 5 e,m- ployees after first 5. Add 2 units for fountain. Professional Building: tenant. 1 additional service unit per each 1 additional service unit for up to each 5 occupants after the first 5. 25Ø per month additional for "?;LV~ Presiden Secretary * * * * * * * * -6- ~"" ^ . " . I" , ,'~ m. 'S\l,i 'ng School: 1 addi tional service to,ilets or shm¡ers alter the first pool dischar o. Drug Store: after first 1 additional service n. p. q. service unit for up to each 5 occupants * 25'~ per month additional for each bathroom over one. ----- President ATT~sr:.:: . ~ kt ---LZ~L/ '- ~. e(1't~;y * * * * * * PASSED and ADOPTED at a regular meeting of the Board of Directors of the East San Bernardino County Water Distrj¡t, San Bernardino County, California, duly held on the /.£/ - day of ~7 ' 1958, by the followi.ng vote: (},.YES, étnd in favor thereof, Directors: B/é'o,,",,- ßo7T.5/ Á/TTL€TO~ 7A'1L.o/è NOES, Directors: None ABSENT, Directors: t¿)19,L.L ~ç~' ~ e~tary 1'*, I"". II. ........ F"" PASSED and ADOPTED at a regular meeting of the Board of Dire,ctors of the East San Bernardino County Water District, San California, duly held on the /ryf~ day of , 1958, by the following vote: n favor thereof, Directors: Botts, Brooks, Littleton, Taylor, ~ NOES, Directors: None NœI& W.4ÁÁ ABSENT, Directors: Secretary -7-