Loading...
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 -1- 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 -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 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. -3- 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 -4- 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