HomeMy WebLinkAboutOrdinance No. 516 ORDINANCE NO. 516
AN ORDINMKE OF THE BOARD OF DIRDCIORS
OF COUNTY SANITATION DISTRICT NO. 5 OF
ORATE COUNTY, CALIFORNIA, ESTABLISHING
SANITARY SMM SERVICE cEARGES, AND
REPEALING ORDINANCES NOS. 511, 513 AND 515
The Board of Directors of County Sanitation District No. 5 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 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 treatment and disposal facilities of
the District, together with costs of administration and provisions for necessary
reserves.
Section 2: Annual Sanitary Sewer Service Charge. Commencing July 1, 1987,
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
average volume of wastewater discharged by a class of users 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 No. 514 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
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properties in the District, and no exception shall be provided for properties
otherwise deem exempt from payment of taxes or assessments by provisions of
the State Constitution or statute, including properties owned by other public
agencies or tax exert 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 bill is mailed.
All applications for rebate of the annual sewer service charge will be
determined by the General Manager of the District, or his designee, who nay
grant a partial or full 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 amount of wastewater discharged to the
District's system is significantly less on a regular basis than the
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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 tine 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 Code Section 5473, all charges established herein
shall be collected on the County Tax Roll in the same ::annex, 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 nay
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 discharges permitted pursuant to Article 3 of Ordinance No. 514 in an amount
equal to the annual sanitary sewer service charge established by Section 2 of
this ordinance in the same manner as credit is allowed for ad valorem taxes
pursuant to Section 302.6(B), 303.6(B) and 304.5(B)(4) of Ordinance No. 514.
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.
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Section 10: Effective Date. This Ordinance shall became effective July 1,
1987.
Section ll. Ordinance Nos. 511, 513 and 515 are hereby repealed on the
effective date hereof, as it is inconsistent with the provisions of this
Ordinance.
Section 12: .The Secretary of the Board 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 by the Board of Directors of County Sanitation District
No. 5 of orange County, California, at a regular meeting held May 13, 1987.
Cnai of the Board of Directors
County Sanitation District No. 5
of Orange County, California
ATTEST:
Secretary of the Board of Directors
County Sanitation District No. 5
of Orange County, California
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TABLE A
Gass of Basis of 1987-88 Minimum Annual
User Charge a Annual Rate (urge Per Unit
Single-Family Charge per $26.40 $26.40
Deellings/ dwelling unit
condominiums
Milti-Family Charge per 15.85 15.85
Dwellings/Mobile dwelling unit
Hares
Conrescial/ Charge per 1,000 18.90 18.90
Industrial/Other square feet of
(government building
buildings,
utilities,
non-profit
organizations,
etc.)
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I, RITA J. BROWN, 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. 516 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 John C. Cox, Jr., Chairman pro tem.
Ruthelyn Plumper and Don R. Roth
NOES: None
ABSTENTIONS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of May, 1987.
Rita J. Browff
Secretary of the Board of Directors
County Sanitation District No. 5
of Orange County, California