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HomeMy WebLinkAboutOrdinance No. 609 r i ORDINANCE NO. 609 AN ORDINANCE OF THE BOARD OF DIRE C ORS OF COUNTY SANITATION DISTRICT NO. 6 OF ORANGE COUNTY, CALIFORNIA, ESTABLISHING SANITARY SEWER SERVICE CHARGES FOR USE OF DISTRICT SEWERAGE FACILITIES AND REPEALINu ORDINANCE NO. 607 The Board of Directors of County Sanitation District No. 6 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, 1986, 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. 606 of the District establishing regulations for use of District's sewage facilities, including provisions for payment of charges or fees related thereto. -1- r Section 4: Exceptions. Except as expressly provided in Section 5 hereof, 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 exert organizations. 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, or his designee, 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 assessment and the amount of wastewater discharged to the District's systems. Such inequities nay include, but are not limiter] to: (a) the use of the parcel differs from the use indicated by the assessment; (b) no service connection to the District system exists from the parcel assessed; (c) 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 amount that would normally be expected to be discharged by the class of property in question. -2- r ; S Section 6: Assessment 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 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 an 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 discharges permitted pursuant to Article 3 of Ordinance No. 606 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 Sections 302.6, 303.6 and 304.5(B)(4) of Ordinance No. 606. 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 became effective thirty (30) days after adoption by the Board of Directors. Section 11. Ordinance No. 607 is hereby repealed an the effective date hereof, as it is inconsistent with the provisions of this Ordinance. -3- I � y Section 12: 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 by the Board of Directors of County Sanitation District No. 6 of orange County, California, at a regular meeting held June 11, 1986. Irman of a Board of Directors, ty Sanitation District No. 6 range County, California ATTEST: Secretary, of Directors of County Sanitation District No. 6 of orange County, California -4- TABLE A Basis of Mini= Annual Charge Annual Rate Charge Per Unit Single-Family Charger per $29.04 $29.04 Dwellings _ dwelling unit Milti-Family Charge per 17.44 17.44 Dwellings/Mobile dwelling unit Homes Comercial/ Charge per 1,000 20.79 20.79 Industrial/Other square feet of (government building buildings, utilities, non-profit organizations, etc.) Condominiums: Condominiums are considered single-family dwellings. However, in recognition of the limited potential use of small, converted dwelling units, the owner of a single unit may apply for a reduction of the annual rate from $29.04 to $17.44, provided the unit has less than 11 plumbing fixture units (determined as follows): Fixture Units Assigned by Uniform Building code Single bath with tub, water 7 Fixture Units closet and wash basin Kitchen with sink and/or 2 Fixture Units dishwasher laundry facilities 2 Fixture Units 11 Fixture Units commercial/Industrial: To recognize buildings in this classification where the use of the sewer system may not be directly related to the size of the building such as in a warehousing type of use, any owner of a single building nay apply for a reduction of the calculated fee to a minimum annual fee of $17.44, provided said building contains less than 11 plumbing fixture units (as determined above). -5- STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I, RITA J. BROWN, Secretary of the Board of Directors of County Sanitation District No. 6 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 609 was passe] and adopted at a regular meeting of said Board on the llth day of June, 1986, by the following vote, to wit: AYES: Directors James A. Wahner, Chairman, and Ruthelyn Plummer NOES: None ABSTENTIONS: None ABSENT: Director Roger Stanton IN WITNESS WHEREOF, I have hereunto set my hand this llth day of June, 1986. Rita J. Broan Secretary of the Board of Directors County Sanitation District No. 6 of Orange County, California