HomeMy WebLinkAboutOCSD-38 Sanitary Sewer Charges AMENDED BY
OCSD-43
ORDINANCE NO. OCSD-38
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ESTABLISHING LOCAL SANITARY
SEWER SERVICE CHARGES FOR CUSTOMERS RECEIVING LOCAL
SANITARY SEWER SERVICE IN FORMER REVENUE AREA 7
ADOPTING TABLE A RE RESIDENTIAL LOCAL SEWER SERVICE FEES AND
TABLE B RE PROPERTY USE CLASSIFICATIONS FOR LOCAL SEWER
SERVICE CHARGES FOR COMMERCIAL OR INDUSTRIAL USERS
WHEREAS,for purposes of improved efficiency and effectiveness of the
District's operations, it is the intent, by the adoption of this Ordinance, to establish local
sanitary sewer service charges for customers receiving local sanitary sewer service in
former Revenue Area 7.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District does hereby ORDAIN:
Section I. Fees and Charges Ordinance—Adopted
TABLE OF CONTENTS
ARTICLE I: RECITAL OF FINDINGS
Section 1.01, Findings— Declaration of Intent
ARTICLE Il: LOCAL SANITARY SEWER SERVICE CHARGES
Section 2.01, Purpose and Scope
Section 2.02, Annual Local Sanitary Sewer Service Charge
Section 2.03
A. Exemptions
B. Application for Rebate
C. Application for Refund
D. Limitation Period
E. Determination
F. Administrative Fee
Section 2.04, Annual Charge Based on Fiscal Year
Section 2.05, Method of Collection
Table A Annual Local Sewer Service Charges for
Residential Users
Table B Annual Local Sewer Service Charges
Property Use Classifications
1 I I07019 IINIIIYIIII
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ARTICLE III: MISCELLANEOUS
Section 3.01,Application of Ordinance
Section 3.02, Exceptions
ARTICLE I
RECITAL OF FINDINGS
Section 1.01. Findings—Declaration of Intent. The Board of Directors of
the District hereby adopts the following Findings supporting the amounts of charges and
fees adopted pursuant to this Ordinance.
A. That the District previously was organized into nine "Revenue Areas"
representing distinct geographic regions within the District's jurisdiction. Revenue Area
7 included unincorporated areas of Orange County and a portion of the City of Tustin.
B. That since the mid-1960s, the District has maintained the local sewers of
approximately 18,000 parcels located in former Revenue Area 7 and that the District
charges an annual regional sewer user fee to its customers, which appears as a special
assessment on the annual property tax bill, but does not currently bill its customers in
former Revenue Area 7 for the local sewer service it provides.
C. That, currently, dedicated ad valorem taxes are insufficient to meet the
total expenditure needs to maintain the local collection system in farmer Revenue Area
7 and regional user fee revenues have been used to meet shortfalls.
D. That the District has completed a study to determine a fair and equitable
local sewer use fee that will support the cost of operating and maintaining the local
sewers in former Revenue Area 7.
E. That the revenues derived under the provisions of this Ordinance will be
used for the acquisition, construction, reconstruction, maintenance, and operation of the
local sewer system facilities of the District; together with costs of administration.
F. That the owners or occupants of properties upon which all fees and
charges established by this Ordinance are levied, discharge wastewater to the local
sewer system operated and maintained by OCSD.
G. That the Local Sanitary Sewer Service Charges established and levied by
this Ordinance are to allow the District to recover the reasonable costs to provide a
service to individual properties which have been improved for any of numerous types of
uses. The basis for the respective charge is the request of the owner of property or a
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structure thereon, for the benefit of him/her/itself, or the occupants of the property, to
receive a service based upon the connection to the local sewer line maintained by the
District.
H. That the Local Sanitary Sewer Service Charges established by this
Ordinance are not imposed as a condition of approval of a development project, as
defined in California Government Code Section 66001, and do not exceed the
estimated reasonable cost to provide the sewer service for which the fee is levied, as
provided in Government Code Sections 66013 and 66016 and California Constitution
Article XIIID.
I. That the Local Sanitary Sewer Service Charges adopted herein will not
foreseeably result in an expansion of facilities to provide for growth outside the existing
service area. The adoption of these Local Sanitary Sewer Service Charges will not
result in any specific project, nor result in a direct physical change in the environment.
J. That the Local Sanitary Sewer Service Charges adopted herein are
established upon a rational basis between the fees charged each customer and the
service and facilities provided to each customer of the local sewer service area of the
District.
K. That all fees and charges established herein have been approved by the
District's Board of Directors at a noticed public meeting, all in accordance with
applicable provisions of law.
L. That the adoption of this Ordinance is statutorily exempt under the
California Environmental Quality Act pursuant to the provisions of Public Resources
Code Section 21080(b)(8) and California Code of Regulations Section 15273(a).
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ARTICLE II
LOCAL SEWER SERVICE CHARGES
Section 2.01. Purpose and Scope. The purpose of this Ordinance is to
establish Local Sanitary Sewer Service Charges required to be paid by property owners
for the services and facilities furnished by the District in connection with the local
sewage collection system. Revenues derived under the provisions of this Ordinance
shall be used for the acquisition, construction, reconstruction, maintenance, and
operation of the local sewer system together with costs of administration.
Section 2.02. Annual Local Sewer Service Charge.
Commencing with the effective date of this Ordinance, the owner of each parcel of real
property located within the local sewer service area operated and maintained by the
District which is improved with structures designed for residential, commercial, or
industrial use and which, at the request of the owner or the owners predecessor-in-
interest, is connected to the District's system, shall pay an annual Local Sewer Service
Charge based on the respective class of users, in the sum or sums, as set forth in
Tables A and B of this Ordinance, below. The annual Local Sewer Service Charges for
residential users are set forth in Table A. The applicable single family residential rate
shown in Table A is multiplied by the applicable percentage figure shown on Table B
with respect to the particular use classification to arrive at the annual Local Sewer
Service Charge rate per 1,000 square feet for the commercial or industrial user. The
annual Local Sewer Service Charges for commercial or industrial users are dependent
upon the respective classifications of property use, determined by reference to Table B.
Section 2.03.
A. Exemptions. It is the intent of the District that the legal owners)of
parcels of real property, otherwise subject to the levy and payment of the Local Sewer
Service Charges, as prescribed herein, be relieved, in whole or in part, from the
payment of said charges, in certain circumstances and under conditions prescribed
herein, and be entitled to either a rebate or a refund with respect to charges paid, as
more specifically set forth in Subparagraphs 2.03B and 2.03C below, provided an
inequity is established or a billing error is proven, as specified in Subparagraphs B or C.
B. Application for Rebate. Any property owner may apply to the District for a
rebate of Local Sewer Service Charges paid to the District by establishing that an unfair
valuation of the property has been made by the District. An applicant for a rebate must
establish, by proof satisfactory to the General Manager of the District, or his designee,
that an inequity exists between the amount of the charge paid and the amount of
wastewater discharged to the District's system, resulting in an unfair valuation.
Satisfactory proof shall establish that either:
(1) The principal water use is agricultural or horticultural; or
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(2) The property is devoted to 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.
Satisfactory proof shall include, but not be limited to, documentation showing
actual water usage for each billing cycle during the entire period for which the rebate is
sought.
The amount of any rebate shall not reduce the charge payable by any property
owner, whose property is connected to the District's system, to less than the single
family residential charge shown on the applicable Table attached hereto.
C. Application for Refund. Any property owner may apply to the District for a
refund of Local Sewer Service Charges paid to the District by establishing that the
amount paid was pursuant to an error in the amount billed or the amount paid. The
applicant for a refund must submit proof satisfactory to the General Manager of the
District, or his designee, that a billing error has been made by the District, or the County
Tax Collector. Such proof shall include, but not be limited to, proof that:
(1) The owners parcel of property is not connected to the
District's system; or
(2) The property has not been classed in the proper property
use classification code; or
(3) A clerical error has been made.
D. Limitations Period. Applications for refunds shall be deemed to be
governed by the provisions of California Revenue&Taxation Code Sections 5096 and
5097. Applications for rebates shall be deemed a claim and be governed by the
provisions of California Government Code Sections 935 at seq., and shall be presented
to the District as provided in the Govemment Tort Claims Act, Government Code
Sections 915 at seq., not later than four(4)years after the submission of the roll to the
County Auditor/Controller, and the claim for rebate may only be made with respect to
amounts paid or payable under such property tax bill. A claim for rebate is not deemed
a claim for refund, and California Revenue&Taxation Code Sections 5096 and 5097
are not applicable.
E. Determination. All applications for rebates or refunds of the Local Sewer
Service Charge will be determined by the General Manager of the District, or his
designee, who, based on the submitted proof, may grant a full or partial rebate or
refund.
F. Administrative Fee. At the time of filing the application for rebate or
refund, the property owner shall pay District an administrative fee for the processing of
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such application. The amount of the fee shall be equal to the total of all fees and
charges imposed on the District by any other public entity, such as the Orange County
Tax Collector, the Orange County Auditor, or the Orange County Recorder, in
connection with the rebate or refund.
Sedan 2.04. Annual Charge. The Local Sewer Service Charges
established by this Ordinance shall be as set forth in Tables A and B, attached hereto,
and shall remain in effect until such time as the rates adopted herein are changed by
District Ordinance. There shall be no proration of such charges in any fiscal year.
Section 2.05. Method of Collection.
A. Pursuant to the authority granted by California Health & Safety Code
Section 5473, and except as otherwise provided in Subparagraph 2.05E below, all local
sewer service 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 the District.
B. In the event District determines that, due to billing or payment error, or to
inequity in the amount billed, a property owner has underpaid annual Local Sewer
Service Charges payable to District, District, within four(4)years after the date of
mailing of the tax bill, may:
(1) collect the amount of any deficiency directly on the County
Tax Roll;
(2) off-set the amount of any deficiency against any amounts
that District determines is owing, by District, to the property owner, as a rebate or refund
under this Ordinance;or
(3) submit, directly to the property owner, a bill for the amount of
any deficiency, which shall be due and payable within thirty(30)days of the invoice date
and which, if not paid, shall become a lien on said property.
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TABLE A
ANNUAL LOCAL SEWER SERVICE FEES
RESIDENTIAL USERS
YEAR 2008-09 2009-10 2010-11 2011-12 2012-13
SFR* $199.00 $204.00 $208.00 $212.00 $216.00
MFR $139.30 $142.80 $145.60 $148.40 $151.20
SFR = SINGLE FAMILY RESIDENTIAL
MFR = MULTI FAMILY RESIDENTIAL
The SFR fee is the minimum local sewer service charge any user must pay.
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TABLE B
ANNUAL LOCAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS FOR
COMMERCIAL OR INDUSTRIAL USERS
Percentage of SFR
Assessor Use Code Description Per 1,000 SF or Unit
1 VACANT LAND PARCEL 0%
5 COMMON AREA PARCEL 0%
6 "HOLD" PARCEL 0%
8 EQUIV TO VACANT 0%
121 PARCEL OF MINIMAL OR NO VALUE 0%
122 SUBSURFACE PARCELS 0%
124 OIL/MINERAL RIGHTS 0%
125 MINERAL RIGHTS EQUIPMENT 0%
126 VACANT COMMON AREA-IMP ALLOC 0%
201 HOME OWNERS EXEMPTION ADD'N 0%
666 UNASSIGNED VACANT 0%
777 SEPTIC TANK PROPERTY 0%
112 STEEL BUILDING 5%
113 MINI-WAREHOUSE 5%
58 NURSERIES (PLANTS) 9%
100 DRIVE-IN THEATER 9%
110 WAREHOUSE - SINGLE TENANT 11%
111 WAREHOUSE - MULTI TENANT 11%
115 RECREATIONAL VEHICLE STORAGE 11%
116 TRUCK TERMINAL 11%
44 LUMBER/CONSTR MATL YARD 18%
71 PARKING GARAGE 18%
72 PAVED PARKING LOT 18%
33 CHURCH BUILDINGS 20%
94 DEPARTMENT STORE 22%
95 DISCOUNT STORE 22%
96 UNATTACHED SINGLE STORE 22%
97 STRIP STORE 22%
74 RECREATION VEHICLE PARK 23%
225 UNITED STATES POST OFFICE 28%
107 LIGHT INDUSTRIAL SINGLE TENANT 30%
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TABLE B (CONTINUED)
ANNUAL LOCAL SEWER SERVICE
CHARGES
PROPERTY USE CLASSIFICATIONS FOR
COMMERCIAL OR INDUSTRIAL USERS
108 LIGHT INDUSTRIAL - MULTI TENANT 30%
109 RESEARCH AND DEVELOPMENT 30%
114 INDUSTRIAL PARK 30%
40 HEALTH CLUB 33%
88 CONVENIENCE SHOPPING CENTER 36%
36 FINANCIAL BUILDINGS 39%
68 HIGH RISE OFFICE 39%
21 AUTOMOBILE DEALERSHIP 39%
22 AUTO REPAIR SHOP 39%
23 AUTOMOTIVE SERVICE 39%
24 USED CAR LOT 39%
39 GOLF COURSE 39%
57 MOTORCYCLE/SMALL VEHICLE BLDG 39%
83 AUTOMOTIVE SERVICE STATION 39%
84 MARINE SERVICE STATION 39%
86 COMBIN:SERVICE STN/CONVIENCE MKT 39%
65 SINGLE OFFICE BLDGS TO 3 STORIES 40%
66 SMALL OFFICE CENTER 40%
67 OFFICE COMPLEX 40%
69 CONVERTED RESIDENCE TO OFFICE 40%
85 COMBIN: SERV STN/RESTAURANT 42%
48 CONVENIENCE MARKET 44%
37 FRATERNAL BUILDINGS 49%
101 UNATTACHED THEATER 49%
7 MOBILEHOME 50%
55 MOBILE HOME PARK 52%
26 AIRPORT AND RELATED 56%
45 MARINAS 56%
32 CEMETERY& RELATED 56%
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TABLE B (CONTINUED)
ANNUAL LOCAL SEWER SERVICE
CHARGES
PROPERTY USE CLASSIFICATIONS FOR
COMMERCIAL OR INDUSTRIAL USERS
38 FUNERAL HOME 56%
3 TWO OR MORE SFR 70%
10 DUPLEX ONLY 70%
11 TRIPLEX ONLY 70%
12 04-UNITS ONLY 70%
13 5 TO 16 UNITS 70%
14 17 TO 25 UNITS 70%
15 26-40 UNITS ONLY 70%
16 41-99 UNITS ONLY 70%
17 100 OR MORE UNITS 70%
18 A MIX OF FORMS 70%
19 SFR WITH 1 OR 2 RENTALS 71%
4 MISC IMPROVEMENT 71%
28 BOWLING ALLEYS 71%
92 SKATING RINKS 71%
118 GOVERNMENTALUSE 79%
81 PRE-SCHOOLS, NURSERY OR CARE 80%
82 PRIVATE SCHOOLS 80%
98 STORE WITH OFFICES OR LIV QTR 80%
99 STORE W/ OFFICE UPSTAIRS 80%
47 SUPERMARKET 84%
89 NEIGHBORHOOD SHOPPING CENTER 92%
34 DORMITORY 99%
61 CONVALESCENT HOSPITALS 99%
42 HOSPITAL 100%
2 ONE RESIDENCE 100%
103 CHEMICAL TANK AND BULK STORAGE 100%
104 FOOD PROCESSING PLANT 100%
105 COLD STORAGE PLANT 100%
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TABLE B (CONTINUED)
ANNUAL LOCAL SEWER SERVICE
CHARGES
PROPERTY USE CLASSIFICATIONS FOR
COMMERCIAL OR INDUSTRIAL USERS
106 FACTORY 100%
119 PUBLIC UTILITY 100%
120 WATER MUTUAL OR COMPANY 100%
888 CONVERSION-COMPOSITE PROP 100%
60 NURSING HOME 103%
62 CONVERTED RES USED AS NURSING 103%
63 LOW RISE RETIREMENT BUILDING 108%
64 HIGH RISE RETIREMENT BUILDING 108%
43 HOTEL 109%
56 MOTELS AND MOTOR HOTELS 109%
50 SINGLE MEDICAL BLDGS TO 3 STORIES 118%
51 SMALL MEDICAL CENTER 118%
52 MEDICAL CENTER COMPLEX 118%
53 HIGH RISE MEDICAL 118%
54 CONVERTED RESIDENCE TO MEDICAL 118%
20 AMUSEMENT PARKS 138%
35 ENTERTAINMENT CENTER 138%
73 RECREATION 138%
224 NIGHTCLUB 146%
90 COMMUNITY SHOPPING CENTER 149%
76 RESTAURANT -TAKE OUT 212%
30 COIN OPERATED CAR WASH 252%
77 RESTAURANT - COFFEE SHOP 424%
78 RESTAURANT - DINNER HOUSE 424%
RESTAURANT - CONVERSION FROM
79 SFR 424%
29 CONVENTIONAL CAR WASH 1425%
223 LAUNDROMAT 1563%
NOTE: Multiply the Table A Single Family Residential Rate by the
percentage figure above in order to determine the rate per 1,000 square feet for
the commercial or industrial user.
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MISCELLANEOUS
Section 3.01. Application of Ordinance. The provisions of this Ordinance
shall be in addition to the provisions of the District's Wastewater Discharge Regulations
for use of District's sewage facilities, including provisions for payment of charges or fees
related thereto; District's ordinance establishing Sanitary Sewer Service Charges;
District's ordinance establishing Fees Concerning Annexations of Territory to the
District; and any other District Ordinances and Resolutions not in conflict herewith.
Section 3.02. Exceptions. The provisions of this Ordinance shall apply to
all owners of properties within the local sewer service area maintained by the District,
including those properties otherwise deemed exempt from payment of taxes or
assessments by provisions of the State Constitution or statute, including properties
owned by other public agencies or tax-exempt organizations, except as expressly
provided herein.
The Board of Directors of the Orange County Sanitation District does further hereby
ORDAIN:
Section II. Severabilitv. If any provision of this Ordinance, or the application to any
person or circumstances 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 III. Effective Date. This Ordinance shall take effect July 25, 2008.
Section IV. Certification and Publication. The Clerk of the Board shall certify to the
adoption of this Ordinance, and shall cause a summary to be published in a newspaper
of general circulation as required by law.
PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors
of the Orange County Sanitation District at a Regular Meeting held June 25, 2008.
Chaltj Board of Directors
Orarpe County Sanitatio6 District
ATTEST:
d _-- -
Clerk oft Board V Bra a R. Hddi
General Coun
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STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, PENNY M. KYLE, Clerk of the Board of Orange County Sanitation District, do
hereby certify that the above and foregoing Ordinance No. OCSD-38 was passed and
adopted at a regular meeting of said Board on the 251h day of June, 2008, by the
following vote, to wit:
AYES: Jim Ferryman, Chair; Charles Antos; Don Bankhead; David
Benavides; Larry Crandall; Bill Dalton; Catherine Driscoll; Rose
Espinoza; Rich Freschi; Don Hansen; Patsy Marshall; Darryl Miller;
Roy Moore; Joy Neugebauer; Dave Shawver; Christina Shea;
Constance Underhill; Mark Waldman; Don Webb; Jim Winder
NOES: Doug Davert; Jon Dumitru; Phil Luebben; Janet Nguyen; Harry
Sidhu
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of June,
2008.
Penny W Kyle
Clerk of the Board
Orange County Sanitation District
H:NEPi MOV5MV511BS10ROINANCESVMOCSD.37-ORDINANCE CERTIFICATIONDOC