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HomeMy WebLinkAboutOrdinance No. 109 ORDINANCE NO. 109 AN ORDIIACE OF THE BOARD OF DIRWMRS OF NUWY SANITATION DISTRICT NO. 1 OF ORANGE OO[RM, CALIFORNIA, ESTABLISIMU SANITARY MgER SERVICE aPMES, AND REPEALING ORDINANCES NOS. 106 AND 107 The Board of Directors of County Sanitation District No. 1 of Orange County, California, does hereby ORDAIN: Section 1: Purpose. The purpose of this Ordinance is to establish a system of sanitary sewer service charges required to be paid by property owners for the services and facilities furnished by the District in connection with its sanitation treatment corks and sewage collection system. Revenues derived under the provisions of this Ordinance shall be used for the acquisition, construction, reconstruction, maintenance and operation of the sewage collection facilities and wastewater treatment and disposal facilities of the District, together with costs of administration and provisions for necessary reserves. Section 2: Annual Sanitary Sewer Service Change. Caamencing July 1, 1987, each parcel of real property located within the District which is improved with structures designed for residential, camwrcial or industrial use and connected to the District's system, shall pay a sanitary sewer service charge based on the average volume of wastewater discharged by a class of users in the sine or sutras as set forth in Table A of this Ordinance. Section 3: Application of Ordinance. The provisions of this Ordinance shall be in addition to Ordinance No. 104 of the District establishing regulations for use of District's sewage facilities, including provisions for payment of charges or fees related thereto. Section 4: Exceptions. The provisions of this Ordinance shall apply to all -1- properties in the District, and no exception shall be provided for properties otherwise deemed exept from payment of taxes or assessments by provisions of the State Constitution or statute, including properties vaned by other public agencies or tax exept organizations, except as expressly provided in Section 5 hereof. Section 5: Exemptions and Appeals. In recognition that certain legal parcels of real property exist within the District which are not connected to the District system and that other properties acquire considerably greater potable deter than is ultimately discharged to the District's system, it is the intent of the District that said parcels be exempt totally or in Part from the payment of charges as prescribed herein. Any groperty vaner may appeal the assessment of the charges and submit a claim for rebate to the District an the forms prescribed and provided by the District, within one hundred twenty (120) days after the annual bill is nailed. All applications for rebate of the annual sewer service charge will be determined by the General Manager of the District, or his designee, who my grant a partial or fall rebate or adjustment of the charge based on receiving satisfactory proof that an inequity exists between the amount and the amount of wastewater discharged to the District's systems. Such inequities may include, but are not limited to the following instances: (a) the use of the parcel differs from the use indicated by the charge; (b) no service connection to the District system exists from the parcel charged; (c) the principal water use is agricultural; (d) any other use wherein the anoint of wastewater discharged to the District's system is significantly less on a regular basis than the -2- amount that would normally be expected to be discharged by the class of property in question. Section 6: Annual Charge Based on Fiscal Year. The sanitary sewer service charge established by this ordinance shall remain in effect until such time as the rates adopted by the District ordinance are changed, and there shall be no proration of such charges in any fiscal year. Section 7: Method of Collection. Pursuant to the authority granted by California Health and Safety Cade Section 5473, all charges established herein shall be collected on the Canty Tax Roll in the same manner, by the same persons and at the same time as, together with and not separately from, its general taxes. The County Tax Collector is authorized and hereby ordered to make said collections in accordance with the tarns and conditions of agreements between the Canty of Orange and this District. In the event District determines that errors or inequities exist in the amount of charges to be collected by the County Tax collector, District may suFmit a bill for any difference directly to the property owner. Said invoiced amount shall be due and payable within thirty (30) days of invoice date. Section 8: Credit for Industrial Permittees. A credit shall be allowed to all discharges permitted pursuant to Article 3 of Ordinance No. 104 in an amount equal to the annual sanitary sewer service charge established by Section 2 of this Ordinance in the sama manner as credit is allowed for ad valorem taxes pursuant to Section 302.6, 303.6 and 304.5(B)(4) of Ordinance No. 104. Section 9: Severability. If any provision of this Ordinance or the application to any person or circumstance is held invalid by order of court, the remainder of the Ordinance or the application of such provision to other persons or other circumstances shall not be affected. -3- Section 10: Effective Date. This Ordinance shall become effective July 1, 1987. Section 11. Ordinances Nos. 106 and 107 are hereby repealed on the effective date hereof, as they are inconsistent with the provisions of this ordinance. Section 12: The Secretary of the Hoard shall certify to the adoption of this ordinance and shall cause the sane to be published in a newspaper of general circulation in the District as required by law. PASSED AND ADOPTED by the Hoard of Directors of County Sanitation District No. 1 of orange County, California, at a regular meeting held May 13, 1987. Chairnan of the Hard of Ditectori County Sanitation District No. 1 of Orange County, California ATTEST: Secretary Hoard of Directors County Sanitation District No. 1 of Orange County, California -4- TABLE A Class of Basis of 1987-88 mini= Annual User Charge Annual Rate Charge Per Unit Single-Famiily (large per $26.40 $26.40 Dc llings/ dwelling unit Crndcminii Multi-Family Charge per 15.85 15.85 D.sllings/Mobile dwelling unit Hates/Apartxents cct rcial/ Charge per 1,000 18.90 18.90 Industrial/Other square feet of (goverment building buildings, utilities, non-profit organizations, etc.) -5- STATE OF CALIFORNIA) ) SS. COUNTY OF MANGE ) I, RITA J. BROWN, Secretary of the Board of Directors of County Sanitation District No. 1 of orange County, California, do hereby certify that the above and foregoing Ordinance No. 109 was passed and adopted at a regular meeting of said Board on the 13th day of May, 1987, by the following vote, to wit: AYES: Directors Ronald B. Bcesterey, Chairman, Robert Hanson, Dan Griset and Roger R. Stanton NOES: None ABSTENTIONS: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of May, 1987. Rz . Secretary of the Board of Directors County Sanitation District. No. 1 of Orange County, California