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Home My WebLink AboutRES NO 92-97RESOLV ON NO. 9 - 9 ? A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROVIDING FOR THE COLLECTION OF SEWER CHARGES BY THE COUNTY TAX COLLECTOR. WHEREAS, on July 2, 1986, the City Council of the City of Bakersfield duly passed and adopted Ordinance No. 3052 requiring the recovery of costs reasonably borne from fees and charges levied therefor in providing various regulations, products, or services; and WHEREAS, on May 31, 1989, the City Council of the City of Bakersfield duly passed and adopted Ordinance No. 3228 amending Ordinance No. 3052 adding a service center for recovery of sewer user fees; and WHEREAS, Section 50 of the Charter of the City of Bakersfield and Section 51334 of the Government Code of the State of California permit the City Council to provide for the collection of such charges by the County Tax Collector; and WHEREAS, Section 14.12.390 of the Bakersfield Municipal Code requires that such sewer charges be submitted to the Kern County Auditor-Controller and Tax Collector for placement of such charges as assessments on the secured roll of the County to be collected in the same manner as ad valorem property taxes. as follows: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield The Council of the City of Bakersfield transfers the function of collection of sewer user charges for all sewer service users to the County Tax Collector pursuant to Section 14.12.390 of the Bakersfield Municipal Code to be billed at the time of billing property taxes. These fees comply with the requirements of Proposition 218. Such charges shall be in the amounts specified in Executive Order adopted pursuant to Bakersfield Municipal Code Section 3.70.040 attached hereto as Exhibit "A" and incorporated herein by reference. ............... 000 ............... -1- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the ~ of Bakersfield at a regular meeting thereof held on ~JUN [ , by the following vote: AYES: COUNCILMEMbER DeMOND,.CARSON SMITH, ~ ROWLE$, SULLIVAN V NOES: COUNCILMEMbER ~/\ ~ y[.~ , ~,AL ~(1{3 0 ABSTAIN: COUNClI,,MEM~ER V~ ~ ~ ~ .~NT: COUNCILMEMBER ~ ~)-~-~ l~ ~ ~' CITY CLERK and Ex OffiCio Clerk of the Council of the City of' Bakersfield JUN ]* I ~ APPROVED fi ld MAYOR of t~e/~i~ of Bakers e APPROVED as to form: TTOR~IY of the Csty of Bakers ie hment I(Exhibit "A") ORIGINAL KERN COUNTY ASSESSOR USE CODE 0100 through 0106 0107 through 0199 0200 through 0700 SEWER USER FEES AND CHARGES FISCAL YEAR 1997 - 98 DESCRIPTION SINGLE FAMILY RESIDENCE MOBILEHOME MULTIPLE DWELLING EXHIBIT A Flat Rate Charge $110.00 $88.00 Per Unit Surcharge Schedule $88.00 Per Unit 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 SMALL STORES OR SHOPS Jewelry variety Clothing Shoe Infant Wear Toys Yardage Sporting Goods Book and Stationery Music Liquor Bakery (retail) Candy Health Food Pharmacy Auto Parts Hobby Shop Appliance Repair $154.00 $154.00 $154.oo $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.oo $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 A A A A A A A A A A A A A A A A A A A ~-~9-~-~? ORIGINAL KERN COUNTY ASSESSOR USE CODE 1119 1120 1121 1122 1190 1200 1201 1202 1203 SEWER USER FEES AND CHARGES FISCAL YEAR 1997 - 98 DESCRIPTION Barber and Beauty Shop Laundries & Dry Cleaning Tailor Shop Shoe Repair Multiple Use COMBINATION STORES & OFFICES Residence & Office Store & Office Residence & Store EXHIBIT A Flat Rate Surcharge Charge Schedule $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $264.00 A $264.00 a $264.00 A $264.00 A 1300 1301 1302 1303 1304 1305 1306 1307 1390 LARGE STORES Department Appliance Drug Home Furnishing Auction General Home Improvement Multiple Use $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A 1400 1401 1402 MARKETS Supermarket Grocery $154.00 B $154.00 B $154.00 B ORIGINAL KERN COUNTY ASSESSOR USE CODE 1613 1690 SEWER USER FEES AND CHARGES FISCAL YEAR 1997 - 98 DESCRIPTION Veterinary Multiple Use EXHIBIT A Flat Rate Charge $154.00 $154.00 Surcharge Schedule A A 1700 1701 1702 1703 1704 1705 1706 1708 1709 1710 1712 1713 1714 INSTITUTIONAJ~ Hospital Sanitarium Rest Home Medical Lab Ambulance Service Church Mortuary Mausoleum Schools Retirement Home Day Care Center Half-way Houses /100 /100 $33.00 Per Bed $33.00 Per Bed $33.00 Per Bed $154.00 $154.00 $121.00 $154.00 $154.00 $341.00 Student $33.00 Per Bed $341.00 Student $33.00 Per Bed A A B B 1800 1801 1802 1803 1804 1805 1806 FOOD AND BEVERAGE Restaurants Cafes Coffee Shop Cocktail Lounge Bars and Taverns Catering $154.00 $154.00 $154.00 $154.00 $154,00 $154.00 $154.00 B B B B A A B KERN COUNTY ASSESSOR USE CODE 1807 1890 SEWER USER FEES AND CHARGES FISCAL YEAR 1997 98 DESCRIPTION Drive-In Restaurant Multiple Use EXHIBIT A Flat Rate Charge $154.oo $154.00 Surcharge Schedule B B 1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 RECREATIONAL Theatres (enclosed) Theatres (drive-in) Pool Hall Health Studios-Spas Bowling Alley Skating Rink Miniature Golf Fraternal Organizations Country Clubs Golf Courses Tennis Clubs Recreation or Meeting Hall Lodges or Resorts Racetrack - Auto Racetrack - Motorcycle Racetrack - Horse Dance Studio Handball/Raquet Ball Courts $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 $154.00 A A A A A A A A A A A A A A A A A A A 2100 FINANCIAL 5 $154.00 A KERN COUNTY ASSESSOR USE CODE 2101 2102 2103 SEWER USER FEES AND CHARGES FISCAL YEAR 1997 - 98 DESCRIPTION Banks Savings and Loans Bail Bonds EXHIBIT A Flat Rate Surcharge Charge Schedule $154.00 A $154.00 A $154.00 A 2200 2201 2202 2203 2204 2205 2206 2207 2208 2290 SERVICE SHOPS Car Wash Kennels and Pet Grooming Auto Body and Paint Shops Auto Repair (garage) Motorcycle Repair Bicycle Repair Equipment Repair Bus Depot Multiple Use $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A 2300 2301 2302 2303 2304 2390 PETROLEUM Service Stations Bulk Plant Bottled Gas Dealer Service Station with Mini-Mart Multiple Use $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A 2400 2401 SALES Auto Sales - New 6 $154.00 A $154.00 A ORli~NAL ~ KERN COUNTY ASSESSOR USE CODE 2402 2403 2404 2405 2490 SEWER USER FEES AND CHARGES FISCAL YEAR 1997 - 98 DESCRIPTION Auto Sales - Used Boat Sales Aircraft Sales Farm Machinery Sales Multiple Use EXHIBIT A Flat Rate Surcharge Charge Schedule $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A 2600 2601 2602 2603 2604 2605 2606 2690 2700 2800 2900 2901 NURSERIES Nurseries Gardeners Tree Service Seed Growers Pest Control Hydroponics and Greenhouses Multiple Use HOTEL MOTEL MOBILE HOME PARK Travel Trailer or R.V Park $154.00 A $154.00 A $154.00 A $154.00 A $154.00 a $154.00 A $154.00 A $154.00 A $33.00 Per Room $33.00 Per Room $88.00 Per Space $88.00 Per Space 3100 3101 LIGHT MANUFACTURING Contractor - General Bldg. $154.00 $154.00 A A ORIGfNA£ "~ KERN COUNTY ASSESSOR USE CODE 3102 3103 3104 3105 3106 3107 SEWER USER FEES AND CHARGES FISCAL YEAR 1997 - 98 DESCRIPTION Contractor - Swimming Pool Contractor - Engineering Contractor - Drilling Contractor - Oilfield Machine Shop Tire Shop - Retread EXHIBIT A Flat Rate Surcharge Charqe Schedule $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A 3200 3201 3202 3203 3204 3205 HEAVY INDUSTRIAL Foundry Steel Fabricating Heavy Equipment-Production, Modification, or Repair Carbon Plants Concrete and/or Batch Plants $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A 3300 3301 3302 3303 TIMBER Lumberyard Saw Mill Planning Mill $154.00 A $154.00 A $154.00 A $154.00 A 3400 3401 3402 3490 PRODUCE PLANTS Cotton Gin Packing Shed Multiple Use $154.00 A $154.00 A $154.00 A $154.00 A 8 KERN COUNTY ASSESSOR USE CODE 3500 3501 3502 3503 3504 3505 3506 3507 3508 3509 3590 SEWER USER FEES AND CHARGES FISCAL YEAR 1997 - 98 DESCRIPTION FOOD PROCESSING Bakery Creamery Bottling Plant Meat Packing Plant Winery Almond Huller Dairy Distributorship - Milk DeDot Soft Drink Distributor Alcoholic Beverage Distributor Multiple Use EXHIBIT A Flat Rate Surcharge Charge Schedule $154.00 B $154.00 B $154.00 B $154.00 B $154.00 S $154.00 B $154.00 B $154.00 B $154.00 B $154.00 B $154.00 B 3600 3601 3602 3603 3604 3605 3690 STORAGE Warehouse Public Storage (mini-warehouse) Van and Storage Ice and Cold Storage Grain Elevator or Silo Multiple Use $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A 3700 3701 3702 3703 STORAGE Equipment Rental Auto Wrecking Metal Salvage $154.00 A $154.00 A $154.00 a $154.00 A KERN COUNTY ASSESSOR USE CODE 3704 3705 3706 3707 3708 3709 3710 3790 SEWER USER FEES AND CHARGES FISCAL YEAR 1997 - 98 DESCRIPTION Farm Equipment Trucking Company Truck Terminal Towing Company Taxi-Cab Operation Commuter Service (vehicle) Junk Yard Multiple Use EXHIBIT A Flat Rate Surcharge Charge Schedule $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 a $154.00 a $154.00 A 3800 INDUSTRIAL SALES $154.00 A 10 KERN COUNTY ASSESSOR USE CODE 1403 1404 1405 1406 1407 1490 SEWER USER FEES AND CHARGES FISCAL YEAR 1997 - 98 DESCRIPTION Franchise Food (7-11, Circle K, etc.) Meat Produce Seafood Fruit Stand Multiple Use EXHIBIT A Flat Rate Surcharge Charge Schedule $154.00 B $154.00 B $154.00 B $154.00 B $154.00 B $154.00 B 1500 1501 1502 SHOPPING CENTERS Small Neighborhood Shopping Center Large Regional ShoDDing Center $154.00 A or B $154.00 A or B $154.00 A or E 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 OFFICE BUILDINGS Newspaper Radio Station T.V Station Communication Service Medical Dental Medical-Dental Combo Legal Accounting Appraisal Real Estate Insurance $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 A $154.00 a ORIGINAL IV. EXHIBIT A Schedule D - Septic Discharges The rate per gallon, shall be $0.019. Schedule E - Surcharge for Outside Septic Discharges The rate per gallon, shall be $0.02. This surcharge is to recover capital expenditures and administrative costs. VI. Schedule F - Surcharge for Outside Users $54.00/yr./connection This surcharge includes: $30.00/yr./connection for a capacity charge, which shall be for the purpose of reserving a portion of the City's trunkline and sewage treatment facilities for the applicant. $24.00/yr./connection for recovery of subsequent City capital costs. BOD - Means "biochemical oxygen demand" TSS - Means "total suspended solids" mg/L - Means "milligrams per liter" D6\EXA97FEE.WP 12 June 4~1997 ~ SEWER USER FEES AND CHARGES SURCHARGE SCHEDULE EXHIBIT A Schedule A - Commercial and Industrial This schedule shall apply to the commercial and light industrial users with BOD and TSS concentrations less than 400 mg/L and flow greater than 0.16 million gallons/year. The surcharge for excess flow shall be $672.80 per million gallons/year. II. Schedule B - Commercial and Industrial This schedule shall apply to the commercial and light industrial users with BOD and TSS concentrations greater than 400 mg/L and flow greater than 0.16 million gallons/year. The surcharge for the excesses shall be as follows: BOD greater than 595 lb/year': $73.80/1000 lb. TSS greater than 534 lb/year: $72.00/1000 lb. Flow greater than 0.16 million gallons/year: $448.90 per million gallons/year 'Based on maximum month value. III. Schedule C - Monitored Users This schedule shall apply to Monitored users (commercial and industrial discharges) as defined in "Revenue Program Guidelines for Wastewater Agencies", published by the State Water Resources Control Board - Division of Water Quality. The following rates or charges shall be applied to Monitored Users based upon total annual BOD and TSS concentrations and flow: BOD: TSS: FLOW: $64.40/1000 lb. $68.30/1000 lb. $452.70/mlllion gallons 11 amounts due, the city shall be entitled also to collect its reasonable costs therein. (Oral. 3136 § 1, 1988; Ord. 292? § 2, 1984: prior code § 8.64.420). 14.12.400 Estimates on quantifies and values. Unless otherwise provided in this chapter, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the city engineer shall make such determinations in accordance with established estimating practices. (Prior code § S.64.380). V1TL ViolationtPenalty 14.12.410 Civil liability. A. Any person who intentionally or negligently violates any provision of this chapter pertaining to the subject matter of either subdivisions 1 or 2 of this subsection or any con- dition or limitation of a permit or plan approval sum of not to exceed six thousand dollars for each day in which such violation occurs: 1. The pretreatment of any industrial wastewater which would otbetwise be detailmental to the treatment works or its proper and efficient operation and maintenance; 2, The prevention of the entry of such wastewater into the collecting system and treat- ment works. B. In the event of such violation, the city shall, upon authorization of its city council, petition the superior court to impose, assess and recover such sums. (Prior code § 8.64.310). 14.12.420 ViolationtPenalty. A. Every person violating any provision of this chapter. including the failure to pay any fees, charges or surcharges imposed by th~s chapter, or any condition or limitation of a permit or plan approval issued pursuant thereto, is guilty of a 14.12.400-14.12.420 misdemeanor, and upon conviction is punishable by a fine not to exceed one hundred dollars, imprisonment not to exceed thirty days, or both. B. Each day during which any violation con- tinues shall constitute a separate offense pun- ishable as provided in sulk, cotton A of this section. C. In addition to any other remedy provided by law, including the remedy specified in Section 14.12.280 (revocation of permit and permanent disconnection), any violation of the provisions of this chapter or discharge of industrial waste con- trary to the requirements of this chapter is deter- mined and declared to be a public nuisance and may be abated and enjoined pursuant to the auth- ority of Section 3491 of the California Civil Code. (Ord. 2853 § 9, 1983; prior code § 8.64.300). Chapter 14.16 SEWER USE BY NONRESIDENTS Sections: 14.16,010 14.16.020 14.16.030 14.16.040 14.16.050 14.16.060 14.16.070 14.16.08p Applicability. Connection to property in unincorporated areas. Persons paying service charge to sanitation district exempt from user and capacity charge. Disconnection where no agreement. Rates and charges. Occupancies listed in Section 14.16.050- Defined. Occupancies not listed in Section 14.16.050-Rates charged. Contract-Execution after approval for connection. 460-1 (B~ke~ficld 6-93) 14.16.010-14.16.040 14.16.090 14.16.100 14.16.110 14.16.120 14.16.130 14.16.140 Contract-Conditions and provisions. Basis and purpose of rates and charges. Change in occupancy or use, A~Feement-Right to ter- minate. Agreement-May contain additional provisions not in conflict with chapter. Agreement-Failure to comply with-Notice- Court action. 14.16.010 Applicability. The terms and conditions specified in this chapter shall apply only W contracts to be entered inw fwm and after the effective date of this chapter, and W all renewals of contracts now in force and effect. (OrcL 2576 § 1 (part), 1980:. prior code § 8.72.100). 14.16.020 Connection to property in unincorporated areas. A. Whenever'an application is made for a sewer connection to the dry-owned sewer system for property in an unincorporated area, the city engineer is autorazed to enter into an ag~ement for such sewer conoec~on in accordance with this chapter. B. For such properties which are adjacent to the city, the pmpe~y owner must enter inw and record a covenant binding him or her and ~11 future property owners to take all necessary s~eps to immediately annex the property served by the city sewer to the city. C. For such properties which are not adjacent to the city, the pwperty owner must enter inw and record a covenant ~ him or her and all future property owners to take all necessary steps to annex the property served by the city sewer to the city at such time as the city becomes contiguous to his or her property, or the law otherwise permits such annexation. (Ord. 3521 § 1, 1993: Ord. 2576 § I (part), 1980: prior code § 8.72,010). 14.16.030 Persons paying service charge to sanitation district exempt from user and capacity charge. Notwitlmanding any provisions of this chapter to the contrary, whenever any such property mentioned in Section 14.16.020 is within a sanitation district, which sanitation district is paying a fee to the city pursuant to the terms of a contract with the city for the use of the city's sewer line, the owner of the property shall be exempt from the payment of the annual charge to the city if the owner pays a service charge to the sanitation district. (Ord. 2576 § 1 (pa~), 1980: prior code § 8.72.020) 14.16.040 Disconnection where no agreement, A. All private sewer lines heretofore con- nnected to the out-fall-main sewer system of the city, without the owner of the proper£y having entered into a wrilxcn agreement with the city for the payment of sewer user and capacity charge connection, shall he disconnected under the direction of the city engineer upon thirty days' writlen notice to the propetty owner of the property, given by the city engineer, unless within that time the owner of the property executes an agracmcnt for the payment of charges in accordance with the adop~l schedule of rates and charges set forth in Section 14.16.050. 6-93) 460-2 ~-- 14.16.050-14.16.090 B. Notice sent by registered mail to the prop- erty owner at his last known address, or to the occupant of said property, shall be sufficient notice under this chapter. (Ord. 2576 § I (part), 1980: prior code § 8.72.030). 14.16.050 Rates and charges. The annual rate and charges for connections to a city sewer outside of the city limits shall be composed of the sum of a capacity and use charge, as follows: A. A use charge, which shall reasonably represent a measure of the applicant's use of the system. The use charge shall be as per schedule adopted by the city council annually, plus. B. A capacity charge, which shall be for the purpose of reserving a portion of the city's trunkline and sewage treatment facilities for the applicant. The capacity charges shall be as follows: I. One-family Dwelling. Includes condomini- ums and mobilehome subdivisions, capacity charge thirty dollars for each unit; 2. Two-family or More Family Dwelling. Includes multiple dwellings, capacity charge thirty dollars for first unit plus twenty dollars for each additional unit; 3. Trailer Court. Toilet and laundry rooms (each toilet room and laundry room shall be considered as a separate unit), capacity charge thirty dollars for the first unit plus twenty dollars for each additional unit; 4. Trailer Spaces. Equipped with sewer connections, capacity charge of thirty dollars peg trailer space; 5. Hotel or Motel. Capacity charge thirty dollars for first restroom or bathroom plus five dollars for each additional restroom or bath- room; 6. Garage. Capacity charge thirty dollars; 7. Gasoline Service Station. Capacity charge thirty dollars; 8. Restaurant. Capacity charge thirty dollars. (Ord, 2576 § I (part), 1980: prior code § 8.72.040(a)). 461 14.16.060 Occupancies listed in Section 14.16.050-Defined. Occupancies listed in Section 14.16.050 shall be construed and defined as provided in Title 17 of this code and amendments thereto, unless a different meaning and/or construction is specified in this chapter and/or provided for. (Ord. 2576 § I (part), 1980: prior code § 8.72.040(b)). 14.16.070 Occupancies not listed in Section 14.16.050-Rates charged. A. Occupancies not listed in Section 14.16.050 will be charged at a rate per year to be determined by the city engineer with the approval of the city manager. B. Said rate per year shall be determined after an inspection of the property sought to be connected, as interpreted in the light of this schedule, but in no case shall the rate for capacity be less than thirty dollars per unit or store per year. (Ord. 2576 § I (part), 1980: prior code § 8.72.040(c)). 14.16.080 Contract-Execution after approval for connection. A. Approval of the city engineer shall be obtained before any connection is made to the city's sewerage system. B. Upon such approval, the city engineer shall be and he is authorized to execute a contract for and on behalf of the city, as required in this chapter. (Ord. 2576 § I (part), 1980: prior code § 8.72.040(d)). 14.16.090 Contract-Conditions and provisions. Contracts as provided in Section 14.16.080 shall include the following provisions: A. The contract shall not be transferable. B. The contract shall not extend for longer than ten years, plus the unexpired portion of the calendar year in which it commences. C. Charges for sewer service shall be made on a bimonthly basis commencing with the first of the month following the month in wlxich the 14.16.100-14.16.140 connection is made. AH such charges are due and payable in advance. D. A contract shall be deemed cancelled if payment in full as provided in subsection C of this section is not made within one hundred twenty days after it becomes due and payable, The service line shall, in that event, be dis- connected. E. Any wilful misrepresentation by any person, agent or representative, as to the use of the premises to be served, shall be cause for immediate termination of the contract with the city upon ten days' written notice to said person, duly mailed to said person's last known address as shown on the records of the city engineer. (Ord. 2576 § 1 (part), 1980: prior code § 8.72.040(e)). 14.16.100 Basis and purpose of rates and charges° A. The rates and charges fixed in this chapter are declared to be necessary to compensate the city for the expense incurred in furnishing sewer facilities, equipment, supervision, and regulation of sewage disposal and the sewer farm, for property owners' outside the city limits of the city who have connected their property with the main sewer system of the city, and said rates and charges are found to be a reasonable fee for the privilege and the service. B. Said rates and charges are based upon service to the property or properties connected, and no combination of facilities served shall alter the rate to be charged for each facility. (Ord. 2576 § I (part), 1980: prior code § 8.72.050). 14.16.110 Change in occupancy or use. A. No change shall be made in the status of any occupancy or facility served which would cause an increase in the service and an increase in the rate to be paid to the city as provided in Sections 14.16.050 through 14.16.090, by the owner or occupant of said property, with- out having first secured a permit from the city engineer authorizing said change, and it shah be the duty of the owner or occupant of said facility served to secure said permit before said change has been made in the facility served, and to enter into a new agreement with the city at the increased rate necessitated by said change, ' within thirty days after said change has been made. B. If the owner or occupant fails to secure a permit, or to enter into a new agreement, as stated above in subsection A of this section, the city may disconnect said private sewer upon thirty days' written notice, as provided in Sec- tion 14.16.040, or may charge said owner or occupant a penalty of fifty percent which shah be based upon the new and correct rate for the increase in service, said penalty to be charged only upon the first year's charges at the increased rate. (Ord. 2576 § I (part), 1980: prior code § 8.72.060). 14.16.120 Agreement-Right to ierminate. Notwithstanding any provision to the con- trary in this chapter, the right to terminate any agreement under this chapter shah be set forth in each individual agreement. (Ord. 2576 § 1 (part), 1980: prior code § 8.72.070). 14.16.130 Agreement-May contain additional provisions not in conflict with chapter. Any agreement made under this chapter may incorporate provisions not contained in this chapter, if not in conflict with this chapter. (Ord. 2576 § I (part), 1980: prior code § 8.72.080). 14.16.140 Agreement-Failure to comply with-Notice-Court action. In any case where a property owner has entered into a written agreement with the city for the payment of sewer user and capacity charges for the privilege of connecting his private sewer line or lines with the mains sewer- age system of the city, and fails to pay his charges at the time and in the manner required by this chapter and said agreement, or falls to 462 14.20.030-14.24.030 responsibility for the granting of final entitlement for the project or proposal for which the private sewer system is proposed. B. In the performance of his duties pursuant to this chapter, the health officer may, and is authorized to, delegate on-site inspection duties to such officers and employees of the city as he deems necessary subject to the approval and with the concurrence of the director of fire and development services. (Prior code § 8.62.020). 14.20.030 Fees charged and deposited. A. The health officer is authorized and directed to charge and collect fees for the review of proposed private sewer systems as described in this chapter. B. Said fees shall be the same as those charged for identical services within the unincorporated territory of the county. C. Upon collection, said fees shall be deposited with the treasurer of said county as and for full compensation for the services required by this chapter. D. ff installation of a dry line to the vicinity of a septic tank is required pursuant to public works standards, and if a city sewer system is scheduled to be available to the property within a five year period, a fee for connection to the city sewer system shall be paid prior to issuance of a building permit (Ord. 3571 § l, 1993: prior code § 8.62.030) Chapter 14.24 PRIVIES Sections: 14.24.010 14.24.020 14.24.030 Definitions. Permit required. Conditions under which permitted--Permit expiration. 14.24.040 14.24.050 14.24.060 14.24.070 14.24.080 Construction specifications. Pits. Location in relation to other buildings. Existing privies. Required at outdoor exhibitions--Separate privies for each sex. 14.24.010 Definitions. When used in this chapter, the following terms shall have the meaning specified in this section, unless a different meaning clearly appears from the context: A. "Health officer" means the duly appointed and acting bealth officer of the county while peffonuing the duties of bealdi officer in the city, or such person as may hereafter, by law, be authorized to perform the duties now being performed by that official in the city. B. *l~vy' means a structure used as a toilet under a pan or all of which is a vault or pit intended for the reception of human waste matter. (Prior code § 8.76.010). 14.24.020 Permit required. It is unlawful for any person, firm or corporation to construct, place, or maintain, or to allow, permit or suffer to be constructed, placed or maintained in the city, any privy as defined in subsection B of Section 14.24.010 without first obtaining a permit from the health officer, and then only for the purposes set forth in Section 14.24.030. (Prior code § 8.76.020). 14.24.030 Conditions under which permitted--Permit expiration. A..The health officer may issue permits for the construction or placing of privies within the city for temporary,use by construction workers, carnivals, circuses, public gatherings and under such other circumstances where in the sound judgment of the health officer it is deemed to be for (Bakerst'mid 12-93) 464 keep, observe, or perform any covenant or condition contained in said agreement, the city engineer may, upon ten days' written notice to such property owner sent by registered mall at his last known address, or upon ten days' written notice to the occupant of the premises served by said private sewer line or lines which are connected to the main sewerage system of the city, sent by registered mail, immediately disconnect said private sewer hne from said main sewerage system of the city, unless charge has been paid within said ten days' time, or said covenants or conditions have been kept, observed or performed or the br~ach thereof has been remedied within said ten days' time; and/or he may refer the matter to the city attorney, who shall bring an action in a court of competent jurisdiction for the collection of any and all sums of money due and owing to the city under said contract and/or damages suffered by said city for any violation thereof. (Ord. 2576 § I (part), 1980: prior code § 8.72.090). Chapter 14.20 PRIVATE SEWER SYSTEM REVIEW Sections: 14.20.010 14.20.020 14.20.030 Health review and approval required-Exception. Health officer to review and certify approval or disapproval. Fees charged and deposited. 14.20.010 Health review and approval required-Exception. A. All persons proposing to construct, install, maintain, operate or use a private sewer system, which shall include any sewerage system of any kind or description, utilizing any method of disposal other than by delivery into the sewer system of the city, shall, prior to obtaining his or its f'mal entitlement from the city, f'h-st sub- mit the plans therefor, together with supporting 463 14.20.010--14.20.020 data and information, to the health officer for review and approval and shall provide any addi- tional data and information required by the health officer. B. The words "final entitlement" for the pur- poses of this chapter shall mean any approval, permit, license or other action by the city which entities the applicant to proceed with a division of land, construction of buildings or other struc- tures, development, plan or any use of land or structures, requiring approval, permit, license or other action by the city which includes, or necessarily or conditionally involves, the con- struction, installation, maintenance, operation or' 'use of a private sewer system as described and defined in this section. C. The provisions set out in subsections A and B of this section shall not include, and shall not be construed to include private sewer systems which are existing and in use on the effective date of the ordinance codified in this chapter, unless such preexisting private sewer system is to be, or is proposed to be, utilized for a new or expanded use or additional hookups or users. (Prior code § 8.62.010). 14.20.020 Health officer to review and certify approval or ~lisapproval. A. Upon submission to him of plans with supporting data and information, together with any additional data and information required by him as a condition of submittal, the health officer shall review the same for all aspects thereof which may reasonably appear to bea~ any relationship to the public health or safety or to the health or safety of the proposed users of said system. Upon completion of said review, the health officer shall certify in writing to the director of fire and development services of the city his approval, conditional approval, or disapproval of the proposed system. In the case of disapproval;'the health officer shall set forth reasons for the disapproval. The director of fire and development services shall be responsible for the dissemination of that information to any and all officers and departments of the city with (B~,~fi~ld 12-93)