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O 105 C.S. ------ P LP,:, i~;l(- '{ 1:;-". ... - .Dc 'k;7 -, !.,.l"'C' C'>RDINA1,CE NO. 10.5 C.S._ . AN ORDINANCE OF IEE CITY OF ARROYO GRANDE AMENDI~ THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING CHAPTER 6 OF TITLE 6 THERETO, REGULATING THE USE OF PUBLIC SEWERS, AND INSTALLATION AND CONNECTION OF BUILDING SEWERS, THE DISCHARGE OF WATERS AND WASTES INl'O THE PUBLIC SEWER SYSTEM AND ESTABLISHING FEES AND RATES FOR THE CONNECTION TO AND USE OF PUBLIC SEWERS. TIlE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: TItle 6 of the Arroyo Grande Municipal Code is amended by amending Chapter 6 thereto as follows: ARTICLE 1. DEFINITIONS See, tt;::L.- 'J~, 10 I For the purpose~ of dl1s ordinance, ~he works hereinafter set forth ,ghall be defined as follows, ualen it shall be apparent from the context that they have a different meaning: ~ection 6~6.102 AREA CHAR~J: '. . Charge to lots within the City for capacity in the collector system. Section 6-6.103 ASSESSMENT DISTRICT. Special district formed for the purpose of sewer line construction with costs and expenses distributed among benefited properties as set forth by law. .}ection 6-6.104 AVAIlABLE SEWER. A sewer shall become available only after it has been accepted by the City. Section 6-6.105 BACK-WATER VALVE. A device which purpose is to prevent flow in a sewer in a direction opposite to that of the intended drainage. SacUon 6-6.106 BENEFIT UNIT CHARGE. Charge to lots within the City having the benefit ofa public sewer being located adjacent to. said lots. S8~tion 6""6.107 BUILDING. Any dtructure used for hUll\8n habitation or a place of busin~8d, recr~ation, or other activity and containing sanitary facUities, Section 6-6.108 BUILDING SEWER, That portion of a sewer beginning two (2) feet from any building and ext~nding to and including its connection to a la~eral sewer. SecUon 6-6 .109 .Q.llX . That porti6n of the State of California, County of San Luis Obispo, which is incorporated as the City of Arroyo Grande, ,Section 6-6.110 CITY COUNC4-. The City Council for the City of Arroyo Grande. Section 6-6.111 CLEANOUT . A branch fitting installed in a sewer or other pipe for the purpose of providing access for cleaning. Section 6-6.112 DIRECTOR OF PUBLIC WORKS. The Director of Public Works for the City of Arroyo Grande or his authorized agent or representative. Section.,("6.ll3 DISTRIC'['. The Arroyo Grande Sewer Assessment District No.1. Secti0'fi....6""6.114 laN.R. COST 'tNDEX. 'I'he Bngi.neering News Record Construction Cost Index. Section 6-6.115 FIXTURE, Any sink, tub, shower, toUet. or other facility connected to be drained to the sewer. Section 6~6.ll6 LATERAL SEWKR, That portion of a sewer lying within a pUblic ri.ght of way or easement, which connects, or is intended to connect, a building sewer to a main sewer. Section 6~6.117 lm. Any piece or parcel of land, bounded, defi,ned, or shown upon a plot or deed recorded in the office of the County Recorder of San Luis Obispo County; provided however, that in the event any struc:~ ture 1.8 located upon more than one parcel of land aU under olle mtner- ship and as he,rein defined, the term "lot" shall include all such (9/74) parcels of land. , r~' " ~ ----- - ------ -~--- - ~--_.__.,._..._-" , , " . ,~ . Sec tion 6- 6 .118 MANHOLE . A str~ctur~ for the purpose of providing aCCess of a man to a buried sewer. Section 6-6,119 MAIN SE.WER, Those sewers, excluding lateral sewers, whose main purpose is to accept waste water from laterals and convey it to the waste water treatment plant, Section 6-6.120 ~. Any written authorization required by the City pursuant to this ordinance. Section 6-6.121 ~. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Section 6-6.122 PUBLIC SEWER. That portion of a sewer lying within a public right of way or easement, maintained by and subject to the jurisdiction of the City of Arroyo Grande. Section 6-6.123 SEWER. A pips or conduit for carrying waste water. ~ection 6-6.124 "SHALl}' .& ~. Shall is mandatory; may is permissive, Section 6-6.125 SIDE SEWER, A sewer beginning at the plumbing or drainage outlet of any building, industrial facility, or preliminary treatment facility and terminating at a main sewer,. and including the building sewer and lateral sewer together. ARTICLE 2. PURPOSE Section 6-6,201 The purpose of this ordinance is to provide for the maximum possible beneficial public use of the District's facilities through adequate regulation of Sewer construction, sewer use and waste water discharges, to provide for equitable distribution of the District's costs by establishing charges and to establish a depository into which these funds shall be deposited, to provide procedures for complying with requirements placed upon the District by other regulatory agencies. ARTICLE 3, SEWER CONNECTION AND SEPTIC TANK ABANDONMENT PROCEDURES Section 6-6,301 For the purposes of this Section, a public sewer shall be deemed to be available to a building if said sewer is within two hundred and fifty feet (250') of the nearest property line of the lot upon which said bUilding is located. Section 6-6.302 Pursuant to the authority of the Health and Safety Code, Section 4762, the City hereby finds and declares the maintenance or use of private sewage disposal systems constitute a public nuisance, and finds it to be in the public interest that properties to which a public seWer is available be required to connect thereto, Section 6~6,303 W1len a public sewer becomes available to a building served by a private sewage disposal system, said building shall be connected to the public sewer within twenty~four (24) Dlontha after said public sewer is available and said private disposal system shall be abandoned as provided in Section ,306, unless an approval is granted by the City Council for the continued use of a private sewage disposal system. Section 6-6.304 Any newly. constructed building to which a public sewer is available shall be connected to said public sewer prior to its use for human occupancy, unless approval is granted by the City Council for a private sewage disposal system. Section 6-6,305 Approvals for private sewage disposal systems referred to in Sections .303 and .304 may be granted upon written application to the City Council by the applicant setting forth the basis for such a request. Approval may be granted only upon affirmative showing that no health hazard, public nuisance, or inequity to other property owners will result therefrom, Approval may also be granted to allow a private sewage disposal system when it is shown to the satisfaction of the Director of Public Works to be unfeasible to connect to the public sewer, and the lot in question is approved by the San Luis Obispo County Health Department as to suitability for said private sewage syst",,,,-, (Ord. 105 C.S,) - 2 - " '. - Section 6-6,30(, ~rhe.r~~, Sc/f-,tic, ta.l1ks ,~~re aba:rKd.cneda.~ a I'e~~rlllt. cf COI!:;'t6cting any buildiri.g to tr~~ p'd~,lic sr:fw'er, thd owner of the p~op~rty to which connec.tion is mad" shall fill all ab"mdoned septic t,mks within ninety (90) days fron the time of connecting to the public sewer in the following manI'.er: (a) All sewage shall be rBmoved from the septic tank" (b) Inlet and outle:t pi.pes shall be disccmnec,ted from the tank.. (c) All wood,m materials formIng th" top of the tank shall be removed. (d) The tank shall be: filled with sand, gravel, er concrete, but such filling shall not extend above th~ vertical sidewalls until inspected by the City. (e) Following inspection, the tatL~ shall be filled and then covered to the level of the top of the ground. Secti~'r ,(~"6..307 It shall be unlawful for any person, fi~ Or ccrpo~ation to construct or replace any cesspool, septic tank, or similar apparatus within a distance of two hundred and fifty feet (250') from any public sewer without approval of the City Council. Section 6-6.308 S'W'i!!tt!\ing pool waste water shall be. d.isposed of as se.t forth in the currently adopted Uniform Plumbing Code. Section 6-6.309 No group of four (4) or more houses on one lot shall be connected to a main sewer without first having the plan of the sewers to these houses approved by the Director of Public Works. The size of the proposed building sewer and lateral serving these houses shall not be less than six (6) inches in diameter or size determined by the Director of Public Works. A manhole shall be provided at its junction with the existing main sewer. I Section 6-6.310 At; applicant for sewer ser'lice shall sign an application and furnish a legal description of the property to be served, It shall \ be the applicant's responsibility to deliver sewage to the service point selected by the City at the elevation selected by the City, Ser'li~e will be granted only where adequate collection lines have been installed. Lateral sewers shall be installed by a contractor licensed to do sewer work and shall be maintained by the property owner pursllant to Section .401 through .403 of this ordinance, Section 6-6,311 Where a property is within two hundred and fifty feet (250') of the public sewer, but pursuant to Section .305 of this ordinance a privat~, sewage disposal system is approved, the property owner shall apply fer and obtain all permits required by the City and supply all plans, specifications, or other information deemed necessary by the Director of Public Works before construction of said private sewage disposal system can begin, The construction and inspection of said system shall be in conformance with the currently adopted Uniform Plumbing Code and shall meet any other requirements of the City Council, the Director of Public Works and the San Luis Obispo County Health Department. The owner shall operate and maintain said private sewage disposal facilities in a sanitary manner at all times, at no expense to the City. ARTICI,E 4. PERMITS AND CONNECTION FEES Secti:'fi 6-6,401 It shall be unlawful for any person other than the City to make any connection to any public or building sewer, or to construct, perform maintenance, or alter any public building sewer, or lateral ge'lier within the City'"ithout first obtaining a permit from the City for such wcrk, Permits issued under the provisions of this ordinance are not transferab~e from one person to another without the, consent of the City, , (Ord. 105 C ,S.) ,. 3 ,. ,.,,' ~ -.--- -_. --.- -~.- " '. .. Section 6-6,402 Any person desiring a permit for any work involving sewers shall make application in writing to the City, giving such information as it may require, On fo:<:m,9 to be furnished for that purpose. If it appears therefrom that the wo:rk to be performed thereunder is to be done accord- ing to the regulationa contained in this ordinance and according to the law~ governir.g the corustructicn of su~,h work, a permit shall be issued upon payment of the required fees. Section 6-6,403 Nothing contained in this Section sl~lI be dee~med to require the application for, or the issuance of a permit for the purpose of removing stoppages or repairing leaks in a building sewer, except when it is necessary to replace any part of said sewer, Section 6-6.40(, The person to whom a permit for construction has been issued and the person performing the work under said permit shall be liable for all damages of whatsoever nature occasioned by or resulting from the performance of such work, and shall hold the City and its employees and agec.ts han'.18ss from all 1089, including expenses incurred in deof0c,di,;" HUY acti.on aga.tnst the City arising out of said construction work. Applic",mt shall be liable for defects in the work and for any failureW'hich may develop in said facilities because of defective work or materi.als. Section 6~6.405 The General Sewer Permit fees shall be as follows: L $7.00 for Sewer Permit and inspection, 2, $95.00 per lateral connection or as modified by the South San Luis Ohispo County Sanitation District for said Sanitation Dis tric t. Section 6-6.406 Permit fees shall be deposited in the City's General Fund. Section 6 '-6,407 For each lot connection of a building sewer to a public sewer a connection fee shall be collected by the City before the permit for the connection work is issued as follows: L $491.20 per acre "Area Charge" 2. $754.10 per unit "Benefit Unit Charge" The charges for connecting to any public sewer after the adoption of this ordinance shall be deterrr,ined by applying the following formula to the above stated charges: 1 + (Current E.N.R. Cost Index) - (Base E,N,R, Cost Index) = Multiplier Base E,N.R. Cost Index "Base E.N.R, Cost Index" shall be the Engineering News Record Construction Cost Index in effect at the time this ordinance is adopted, "Current E.N.R. Cost Index" shall be the Engineering News Record ConstrJction Cost Index in effect at the time of connecting to the public sewer, "Maltiplier" shall be the figure used to multiply the above stated charges by, to adjus t said charges to the curre~t construction costs, No connection fee will be charged for a lot or any portion thereof that has been p~eviously assessed in assessment district proceedings for said A~ea charges and Benefit Unit charges, unless additional Benefit Units arl;! developed on said lot. . The Benefit Unit charge shall be waived pn any lot within a development for which the developer constructed a collection system, When any of the lots in said development front on and connect to an existing public sewer, there will be a Benefit Unit charge for each of said lots. Every h~Jse and building requiring. sewer service shall have an independent connection to the public sewer, except that more than one building located on a lot, under ons ownership, may be .connected to the same lateral sewer or building Sewer under a single Benefit Unit cl~rge, Should any house or build- ~ ing so connected change ownership, an independent sewer connection shall be provided for each differently owned premise, No two (2) owners of adjacent lots fronting on the same street shall be permitted to join in the use of the same lateral sewer. (Qrd, 105 C.S.) ~ 4 - , , . Section 6-6.408 An adj"C.'.:3 tment tu th-a 8.1\2.<9. ('.'b.arge '.'!:\&y be m.ade a.~ follow's ~ 1- When a lot is one and one-third (1-113) acres or larger and when in the opinion of the City said lot quaHfies for subdivision into five (5) or mon, lots, an adjustment 'Will be made to anow for loss of acreage in development, The adjusted acreage to which the basic area charge shall be applied shall. be seventy per cent (70%) of the gross acreage. 2. When a lot is one and one-third (1-1/3) acres or larger and when in the opinion of the City said lot qualifies for subdivision into five (5) or more lots, an adjustment will be made to allow for loss of acreage in development, An additional adjustment may be made for adverse topography or other special condi.tions which make diffi- cult the development of all of the property into minimum size City lots. If the latter condition exists, at the sole discretion of the City, the final adjusted acreage to which the basic area charge shall be applied shall be sixty-three per cent (63%) of the gross acreage, Section '.'"6.409 All monies derived from sewer connection fees shall be deposited as follows: (a) Ten per cent (10%) shall be deposited in the General Fund of the City to pay administrati.v~ costs. (b) Ninety per cent (90%) shall be deposited in a special fund to be known as "Future Sewer Facility Fund", which fund::{s hereby created, The money in said fund shall be used to help pay for improvements and future capacity as neces- sary to meet the needs of the City resulting from growth and expansion and portion~ of said fund, when necessary, may also be used for further maintenance and operation, This special fund shall not be used to pay for new services, except to make refunds to any person or developer that has installed a sewer line extension benefiting other lots as said lots connect into said extension and their connection fees are deposited into said fund. Section 6-6,410 For sewer serv'ice to any lot not included in the previous section, the City sP~ll determine the amount of the connection fee on such a basis that said fee will be equivalent to that pai.d by other users. Section 6-6.411 It is the intent of the City to equalize the cost of sewer service throughout the area of the City by the application of these regulations, and, by notwithstanding any provisions of the foregoing sections, the City may in any instance increase the service charges to be charged for any extraordinary service to achieve such objective, Section 6~6.4lZ In considerations for credit, the Director of Public Works shall consider each application and determine whether the property has be~n assessed in assessment district proceedings for collector line con- struction or whether the owner or developer of the property has contributed to the cost of construction or whether the developer has const~lcted a sewer line which would allow him a credit, A credit shall be given against the appropriate sewer connection fee if the Director of Public Works determines that: (a) rne land is or was part of an assessment district upon which the cost of sewer collector lines was assessed and the owner of the land or his prececessor, has paid or was assessed an area charge and benefit unit charge, Credits shall be allowed for all land assessed for area charges and credits shall be g1;"" [or all benefit unit charges previously assessed, (b) The owner or developer or their predecessor either constructed a sewer or contributed to the costs,of construction of a sewer, a credit for sewer line extension in public streets shall be given against the connectign c'tlarge as per Section .502. ARTICLE 5, PUBLIC SEWER EXTENSIONS Section 6-6,501 Any person desiring an extension to the public sewer system to serve property within the District shall make a request in writing to the City for a preliminary investigation of the feasibility of said extension, If said sewer Une extension is feasible the City shall notify the person requesting sai.d extension that they may proceed as soon as they have acquired the necessary permits for the work, All extensions to public sewer lines shall be installed by a (Ord. 105 C.S,) - 5 - . contractor licensed to do sewer work, The property owner requesting said sewer line extension shall pay for the installation of said line, The property owner may apply to the City fora refund of the cost of said installation less the following charges: 1, Sewer connection charges, 2, Ten per cent (10%) of the refund to cover the City's costs for administration of said refund, Section 6-6.502 The City may approve a refund agreement with a person or developer that has paid for public sewer extensions. Said agreements shall provide for reimbursement of the costs for sewer line extensions benefiting other lots as said lots are connected into the extensions, The refunds shall be paid from revenue paid 'to the City for the Benefit Unit Charges on the lots as they connect to said extensions. The term of any executed refund agreement shall be a maximum of ten (10) years from the date of execution. Said agreement shall not be transferred or assigned except upon written consent of the City Council. Section 6-6.503 No sewer service shall be provided to any lot by lateral sewer connection to a sewer extension until the owner of said lot has paid the sewer connection charges on the lot, or has entered into an agreement with the City to pay said charges in annual instal~ents, over a period not to exceed ten (10) years with interest accrued at seven per cent (7%) per year compounded annually on the unpaid balance, ARTICLE 6, INSPECTIONS Section 6-6.601 All sewer construction work, including taps into sewer mains, within the City shall be done in strict compliance with the City plans and specifications thereof and the.current Uniform Plumbing Code, Said work shall be inspected by a City Inspector. Section 6-6.602 All work done under the provisions of this ordinance shall be subject to inspection by the City. Notice requesting said inspection must be given in writing to the City by the person, firm or corpora- tion doing said work, or causing same to be done, one (1) working day in advance of the time the inspection is to be done within the normal working hours, Up to the time of the inspection all work shall remain uncovered and convenient for the inspector's examination. If any pipes are enclosed or covered in any way whatsoever, so as to tend to obstruct a thorough inspection of the drainage system, said obstruc- tion must be removed before an inspector shall be required to inspect the work, When, upon examination by the ' inspector, the work is found to be defective, either in its construction or material, the same shall be made to conform to the requirements set forth in this ordinance, in default of which the permit for said work shall be revoked by the City and said work shall be discontinued immediately. Section 6-6.603 When it appears to the satisfaction of the City that any work authorized by these regulations has been constructed according to, and meets the requirements of, all provisions of this ordinance and other applicable laws, and that all the fees for the doing and inspection thereof have been paid, the dr~ shall sign the Certificate. of Inspection signifying completion for the person, firm or corporation constructing said work. Said Certificate shall state that the work has been done according to the permit and the ordinance provisions of said City. The City shall not issue a Certificate of Inspection unless all requirements of this ordinance have been met. ARTICLE 7. BUILDING SEWERS Section 6-6.701 Every building, within the City, affected by Section .301, in which plumbing fixtures are installed or located shall be separately and independently connected with the public sewer, except that the City may approve the connection of more than one building on the same lot to the public sewer by a common building sewer. (Ord, 105 C.S.) - 6 - ---_.- .- -"------ .' , . Section 6~6,7(J:2 TJ1:t; r(:q"dj.:n,nl,ent:~ fer bnilding 'S~;./8r8 G'.8 set fc~:<~h :La the currently a.dopted IJE:J.:r~:rn: P11:::abi.:t!.g Cede s'balJi.. ,appJ.y l.r~, tb.e C:Ltj? a.n~:[ ~',r:(~ ineOrpOl\:tted hereIn by 1','ef8}':':.tl.Ce. Section 6,6,703 No buiJdIC\g sewer BhaH he c(m~tructed with pipe 0f internal diameter le88 than four inches (4"). Section 6-6.704 No portion of a building sewer, or iJiis'c:onnecti.ov, to the p1JlbHc s_ar, shall be covered or concealed in"a~inann..r until it has been inspe~.ted [me! 81pproved by the City. Section 6~6.705 All pi,ping and all joints in each building sewer are to be water tight and shall be tested by filling the building s~er with water, in its ent:!.tety or in secti.ons, in such a manner that no part is tested wi!:.... less than a three foot (3') head of wat..r. "~"c tion 6~ 6.706 In all buildings in which there are plumbing fixtures at an elevation too low to permit drainage by gravity from said fixtures to tM pubU:c'.seyer, the sewa!!;e from sdd fbt:ures shall he lifted by art:'d'icial1mle.I>M a.nd d:l.sehaq""d .to the me.ir, sewer at the <:1ii'nex"s e.:Kpens e . In all huH.dings where floot' elevation 1.s below the rim elevation of the nearest upgrade manhole; there shall be installed in the side sewer an approved type of back~water valve. Back~water valves shall a.lso be. i.nstalled in side sewers wherever and whenever the City u~y deem advisable. ARTICLE 8. ANNEXATIONS Secti.on 6- 6s801 Th39B'w.,rr faci1:!.!:ies within the City are sized to accOlIlodate the sewer requirements of all developed and undeveloped property within the City. Before any annexation is made to the City, i,t shall be first determfned that suffici.ent c:apacfty has been reserved for all undevelopedacrellge within the City. -....,.. Section 6~6.802 wr,en tl~ City Council approves an annexation to the City, all sewer costs and sewer line extensi.ons shall be borne by the property being 8.nnexed if said property was not included in Sewer Di.strict No, 1. ARTICLE 9. PBDHIBITED DISCHARGES Section 6~6.901 No person shall discharge or cause to be discharged any sto~ water, surface water, groundwater, roof runoff, sub~surface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanft:a.ry sewer. Section 6.6.902 No person shall discharge or cause to be discharged any of the following described waters or wastes to any pubUc sewer: (a) Any gasoline, benzene, naphtha, fuel oil, or other inflammable or explosive liquid, solid or gas, (b) Any waters or wastes containing toxic or poisonous solids, liqufds, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste 'water treatment process or constitute a hazard to humans oranims.ls, or create'any.hazard in the receiving waters of the waste water treatment plant. (c) Solid or viscous substances in quantities or of such size capable E causing obstruction to the flow in sewers, or other interference with the proper operation of the waste water treatment collecti.on works such as any materials retained on a screen having eight (8) meshes per inch each way. (d) Any, liquid or vsporhsving a temperature higher than one hundred fifty degrees Fahrenheit (1500). (e) Any water or. wastes which may c,ont:a.:l.n more than one hundred (100) parts per million, by weight, of fat, oil, grease, or wax. (f) Any watet.s or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the waste water treatment plant. (Ord. 105 C.S,) - 7 - ---. - - -----.- . , (g) Any noxious or malodorous gas or suhs,t;ance capahle of creating a puhlic nuisance, (h) Any waters or wastes having a pH lower than 5.5 or higher than 9,0 Or having any other corrosive property capahle of causing damage or hazard to structures, equipment or personnel of the sewage works. Section 6-6,903 Commercial and industrial customers shall file with the City a notice showing character of sewage effluent proposed. Effluents of any customer will be restricted to the strength and character of normal domestic wastes, The waste discharged shall be subject to inspection and sampling by the City. The acceptance of commercial and industrial wastes will be in accordance with set restrictions and suhsequent amendments thereto. No pretreatment is anticipated or prescribed but corrective procedures may beraquired for the removal of oil, grease, grit, acids, sulfides, toxics or industrial compounds, If the wastes do not conform to the waste discharge ordinances, service may be disconnected. Section 6-6,904 All sludge and wastes from septic tanks and chemical toilets shall be disposed of at such places as designated by the San Luis Obispo County Health Department, ARTICLE 10. SEWER SERVICE CHARGE Section 6-6.1001 All customers upon connection to a public sewer line shall be required to pay a bimonthly sewer service charge for those 'pt,.linea and appurtenances constructed, maintained and operated by the City primarily for the collection of sewage and the conveyance thereof to the sewage plant owned and operated by the South 'San Luis Ohispo County Sanitation District in accordance with the following schedule: USE RATE Sinale Familv Dwelling One dollar ($1.00) per month, Each Sinale Familv Dwelling Unit One dollar ($1.00) per month. in any duplex, multiple dwelling, apartment house, mobile home or travel trailer Motels and Hotels Fifty cents ($.50) per unit per month without kitchen facilities; Sixty- five cents ($.65) per unit per month with ki1:cl1en facilities. Cnmm~rcial. Industrial and Businesses One dollar ($1.00) per month or 30% of the monthly water bill, whichever sum is greater. Higher rate if heavy discharge or character of sewage warrants, Hospital. Rest Home or Convalescent Home Fifty cents ($.50) per authorized bed capacity per month, as licensed by the State of California, or 25% of the monthly water bill, whichever sum is greater. Churches One dollar ($1.00) per month. Schools (Non-boarding) One dollar ($1.00) per month, per 100 average daily attendance plus one dollar ($1.00) per month fora school with.a cafeteria. Schools (Boarding) Five cents ($.05) per student per month per average daily attendance. (Ord, 105 C.S,) - 8 - ~- ~- -..- ..- ---- ._~-- -....- ---^..-....- ------' . .... .. ill (Cont'd) Ri\TE (Cont'd) Unclassified U.es 'One dollar ($1.00) per Thunth or 30% of the monthly water bill, whichever sum is greater, for Pl'emises having a sewer connection but for which a specific classification for sewer service charges has not been established. Section 6-6,1002 All CQstomers upon connection to a public sewer line shall be required to pay a bimonthly sewer service charge for having any sewer connection with the South San Luis Obfapo County Sanitation District, or otherwise discharging sewage which ultimately passes through said District's sewerage systam in accordance with the fee schedule adopted by the South San Luis Obispo County Sanitation District. Section 6-6 .1003 C(~putation of Rates are as follows: (a) Sewer service charges computed on average daily attendance will be 'b"$~d "'i\"'11 the 1:'eCoI'.js of the entity chaq;;,ed wIth Ol' having the responsibility of k~epi~g ~uch records and said attendance figure shall be furnished to the City upon written request by said City. (b) Whenever required, sewer service charge rate computation information shall be furnbhed to the City on forms furnished by said City, upon written request therefor, (c) In the event of failure to furnish rate computati.on information when requested and within the time allowed, the City may compute the rate based on such information as it finds reasonably available and such computation shall be conclusive and final. Section 6-6.1004 For premises having a sewer connection but for which a specific classification for sewer service charges has not been set forth, the District shall charge such rate as in its sole discretion it deems most applicable for the type of use being made of the premises in relation to the uses made of classified premises and the rate fixed for said classified premises. Section 1)- 6 .1005 It S(~Wer ser'\dce bill will become delinquent if on the 15th day of the month follo""ing the month in which a sewer bill is mailed, the bill or that portion thereof which is not in bona fide dispute, remains lIJ,npeicl, The City shall notify the property owner of said delinquent charges, If a bill has been delinquent for two months on said property, the City shall post notice on the Property that sewer service will be discontinued unless the bills for sewer charges and all delinquencies are paid. If the occupant is not the property owner, the City shall also send a copy of the disconnection notice to the property owner, by mail, at his last address shown on the City i S records. If all delinquent bills have not been paid within , fifteen (15) days after the posting of said notice, the City may disconnect the sewer or discontinue the water service to the property, The cost of disconnecting the sewer and reconnecting it together with all other amounts due, must be paid in cash or cashier's check, or certified check at the time application is made for reconnection. It shall be unlawful for any person to inhabit a disconnected property or produce any sewage thereon until the property has been reconnected, Service charges shall continue to accrue during the period of such disconnection. Section 6-6.1006 Charges of any kind more than sixty (60) days delinquent plus any penalties and interest thereon, when recorded .as provided in Article 4, Chapter 6 of Part 3 of Division 5, Health and Safety Code of the State of California, shall constitute a lien upon the real property served, Such lien shall continue until all charges are fully paid, or until the property is sold therefor, or until othsrk'ise extinguished by operation of law, (Ord. 105 C.S.) - 9 - --~ - -..---- .' , .' . - ARTICLE n... EN.r:RCE.NENT Section 6-6,1101 It shall bi" the duty of t:b~ Di.rlOctot' of Public Works to enforce all the provisions of this ordi,nance. For such purpose he shall have the powers of a police officer. Section 6-6.1102 The Dir"ctor of Public Works or hi.s authorized representative shall, upon exhibition of proper credentials and identification, be permitted to enter in and upon all buildings and premises within the District at reasonable hours for the purpose of inspection, observa- tion, measurement, sampling, testing, or otherwise performing such duties as may be necessary in carrying out the provisions of this ordinance. ARTICLE 12. RESOLUTION FOR INTERPRETATION Section 6.6,1201 Whenever it is deemed necessary, the City Council may, by resolution, further interpret the provisions and terms and conditions of this ordinance, ARTICLE 13. APPEAL Section 6-6.1301 ,Any person aggrieved by the determination of the City Director of Public Works as to the charge for connection to a sanitary sewer or the amount, nature, and extent of this ordinance, may within ten (10) days after the decision is filed, file a written notice of appeal with the City Clark to the City Council setting forth reasons for said grievances, The matter then will be placed on the next most convenient agenda of the City Council and the decision of the City Council shall be binding, final and conclusive. ARTICLE 14. SEVERABILITY, NAME, ENACTING Section 6-6.1401 If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause. and phrase hereof, irrespective of the fact that anyone or more sections. subsections, sentences, clauses or phrases be declared invalid, SECTION 2:. Chapter 6 of Title 6 of the Ordinance Code of the City of Arroyo Grande, State of California, and ordinance amendatory thereto are hereby repealed, .and'all. ,oth,er .o.r,dinances iri conflict with this ordinance to the extent~f such conflict and no further, are hereby repealed. SECTION 3: This ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage it shall be published once, together with the names of the Councilmen voting thereon, in the Five Cities Times-Press-Recorder. On motion of Councilman Millis, seconded by Councilman de Leon and on the following roll call vote, to wit: AYES: Councilmen Spier ling, de Leon, Schlegel, Millis and Mayor Talley NOES: None ABSEi1T: None the foregoing Ordinance was passed a~ adopted this 24th day of September, 1974. (~ ~o.Q / (cL(7u- MAYOR , ATTEST:~J.~0;-,~ CITY CLERK , COrd, 105 C,S.) - 10 - --- -- --- ~- ~ . ,','-',' .... II , I, Ines A, del Campo, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance No. 105 C.S, is a true, full and correct copy of said Ordinance passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council held on the 24th day of Sept$mber, 1974, WITNESS my hand and the Seal of the City of Arroyo Grande affixed this '25th day of September, 1974, _ .if-A- .;;t. dd(?~ City Clerk of the City of Arroyo Grande (SEAL) .