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HomeMy WebLinkAboutOrdinance No. 511 ORDINANCE NO. 511 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 ESTABLISHING SANITARY SEWER SERVICE CHARGES The Board of Directors of County Sanitation District No. 5 of Orange County, California, does hereby ORDAIN as follows: . 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 works 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 treat- ment and disposal facilities of the District, together with costs of administration and provisions for necessary reserves. Section 2 : Annual Sanitary Sewer Service Charge. Each parcel of real property located within the District which is improved with structures designed for residential, commercial or industrial use and connected to the District's system, shall pay a sanitary sewer service charge based on the size of the water meter or meters in the sum or sums 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 Nos. 508 and 510 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 properties in the District, and no exception shall be provided for properties otherwise deemed exempt by provisions of the State Constitution or statute, such as properties owned by other public agencies or tax exempt 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 water 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 property owner may appeal the assessment of the charges and submit a claim for rebate to the District on the forms prescribed and provided by the District, within one hundred twenty (120) days after the annual property tax bills are mailed by the Orange County 'Tax Collector. All applications for rebate of an assessment will be determined by the General Manager of the District, who may grant a partial or full rebate or adjustment of the charge based "on receiving satisfactory proof that an inequity exists between the amount or assess- ment and the amount of wastewater discharged to the District' s system. Such inequities may include, but are not limited to: a) the number of connections on the parcel differs from the assessment; b) no service connection to the District system exists from the parcel assessed; c) principal water use is agricultural -2_ d ) any other use wherein the amount of wastewater dis- charged to the District 's system is significantly less on a regular basis than the amount of potable water received as measured by the meter on the property. Section 6: Assessment Based on Fiscal Year. The sanitary sewer service charge established by this Ordinance shall be for the fiscal year commencing July 1 and terminating June 30, and there shall be no proration of such charges. Section 7: Method of Collection. Pursuant to the authority granted by California Health and Safety Code Section 5473, all charges established herein shall be collected on the County 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 terms and conditions of agreements between the County 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 submit 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 dischargers permitted pursuant to Article 3 of Ordi- nance No. 508 for the annual sanitary sewer service charge established by this Ordinance in the same manner as credit is allowed for ad valorem taxes pursuant to Section 302.6 of Ordinance No. 508. -3- N Section 9: Severability. If any provisions 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. Section 10: Effective Date: This Ordinance shall become effec- tive immediately upon its adoption by vote of two-thirds of the members of the Board. Section 11: The Secretary shall certify to the adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation in the District as required by law. PASSED AND ADOPTED this 1st day of July , 1981. Chairman ATTEST: Q4 Secret C(L� V / 7 TLW:pj 5/18/81 6/2/81 -4- TABLE A CONNECTED WATER METER SIZE 1981-82 ANNUAL CHARGE 1" or less $ 26 . 40 lh.. 52 . 50 2" 105.00 3" 210.00 4" 420 .00 6" 840. 00 8" 1,680. 00 If a parcel contains more than one water meter, then the charge applicable to each meter shall be added together and the sum levied against the parcel. I STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I , J. WAYNE SYLVESTER, Secretary of the Board of Directors of County Sanitation District No. 5 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 511 was passed and adopted at an adjourned regular meeting of said Board on the 1st of July, 1981, by the following vote, to wit: AYES: Directors Jacqueline Heather , John C. Cox, Jr . and Thomas F. Riley NOES: None ABSTENTIONS : None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of July, 1981. 1 J ay e S vester re ary the Board of Directors (!'bun Sanitation District No. 5 of Orange County, California