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Home My WebLink AboutORD NO 4433 .&499 ORDINANCE NO. ORDINANCE AMENDING SECTIONS 14.12.030,14.12.390 AND 16.32.060E OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SEWERS. WHEREAS, periodically, properties which are annexed into the City of Bakersfield are operating on septic systems instead of being connected to a sewerage system; and WHEREAS, it is in the best interest of all residents of the City of Bakersfield that properties be connected to sewerage systems and not operate on individual septic systems; and WHEREAS, when feasible, the City will construct the requisite sewer pipelines and other mechanisms to allow properties to abandon the septic systems and hookup to the sewerage system; and WHEREAS, the cost of such construction will be paid for by the property owners when they connect to the sewerage system; and WHEREAS, those existing residential areas in which sewer pipelines are to be or have been constructed are designated as "Existing Residentiallnfill Sewer Areas"; and WHEREAS, the City has adopted resolutions and will continue to adopt resolutions setting forth the total cost of the construction of the sewer pipelines and the cost attributed to each single-family residence for construction of the sewer pipelines in Existing Residentiallnfill Sewer Areas; and WHEREAS, the City has adopted a sewer connection fee; and WHEREAS, both the sewer connection fee and the sewer construction fee must be paid in order for property owners in Existing Residentiallnfill Sewer Areas to connect to the sewerage system; and WHEREAS, additionally, property owners will need to abandon their septic tanks and install a pipeline from their home that will connect to the sewer line in their street; and WHEREAS, the City is encouraging property owners in Existing Residential Infill Sewer Areas to abandon their septic tanks and connect to the sanitary sewer line as soon as such sewer line is completed to help reduce the amount of septic tank liquids entering the ground and possibly leaching into the groundwater; and Page 1 of 5 ~ ~~I(C'~ c ~ >- - ..... m is I; ORIGINAL WHEREAS, elimination of septic tanks and installations of sewer lines is a costly endeavor for the homeowners and the City desires to assist the property owners to do so by permitting the property owner to pay the construction costs and connection fees over a period of time. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1 Section 14.12.030L of the Bakersfield Municipal Code is hereby added to read as follows: L. Existing Residential Infill Sewer Area" means a residential area within the City of Bakersfield where residential properties utilize individual septic systems and are not connected to the City sewer system, but where the City has or will construct the required pipelines and other mechanisms to permit the property owners to connect to the City sewer system and the property owners will reimburse the City for such construction cost upon connection to the sewerage system. SECTION 2 Section 14.12.390 of the Bakersfield Municipal Code is hereby amended to read as follows: A. All fees and charges imposed under the provisions of this chapter, except connection charges which shall be due and payable upon application for a building permit or permit to connect an existing building, shall be collected by the county tax collector pursuant to the provisions of Section 50 of the Charter of the city and Section 51330 et seq. of the Government Code, in accordance with an annual resolution of the city council therefor, which resolution shall be adopted in time for transmittal to the county tax collector each fiscal year. B. Notwithstanding paragraph A above, for all owners of single-family residential property in an Existing Residential Infill Sewer Area as defined in Section 14.12.030L, the city may enter into an agreement to allow such owner to pay the sewer connection fee (as set by resolution of the City Council) and/or the sewer construction fee (as set by resolution of the City Council) through the property owner's property tax bill over a period not to exceed five years. No interest will be charged. Such cost shall be considered a lien on the owner's property upon which the connection was made. The agreement shall require an indemnity from the property owner to protect the city. C. In cases of economic hardship, as determined by the city council or its designee, for properties not located in an Existing Residentiallnfill Sewer Area, the city may enter into an agreement with the property owner of a single-family residence to allow such owner to pay the sewer connection fee through the property owner's property tax bill over a period not to exceed five years. No interest will be charged. Such cost shall be considered a lien on the owner's property upon which the connection 6' '010.1(, ~ - Page 2 of 5 5 S ORIGINAL was made. The agreement shall require an indemnity from the property owner to protect the city. D. Surcharges applicable to commercial and industrial users shall be due and payable on the first day of the month and become delinquent after the last day of the month. The owner of each property served and any and all tenants, to the same proportion as their tenancy bears to the entire property, are jointly and severally liable for payment of such surcharges. Interest at the rate of one percent per month shall be added to any surcharge which is delinquent. Should the city initiate court action to collect amounts due, the city shall be entitled to collect reasonable costs." SECTION 3 Section 16.32.060E is hereby amended to read as follows: 16.32.060 Tract map improvements--In subdivisions for which final tract map is required. E. Sewer Facilities--Payment of Fees Required. Prior to approval of any development entitlement including, but not limited to, any general plan land use designation amendment, rezoning, the filing of any final map or parcel map, the granting of a conditional use permit, or after the cancellation of a Williamson Act contract within an assessment district, the subdivider/property owner shall payor cause to be paid any fees for defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local sanitary sewer areas pursuant to sanitary sewer plans adopted by the council, or connection to sanitary sewer facilities therefore, in accordance with Article 5 of Chapter 4 of Division 2 of Title 7 of the California Government Code (Section 66483 et seq.) In cases where a subdivider/property owner pays greater than its proportionate cost of sewer construction, reimbursement may occur through a reimbursement agreement or, where an assessment district has been formed, credit against assessments previously paid. The following sanitary sewer areas have been formed: 1. Pierce Road-Oak Street Planned Sanitary Sewer Area; 2. Panama Lane-Monitor Planned Sanitary Sewer Area; 3. Rancho Laborde Planned Sewer Area; 4. Panorama Highlands Planned Sewer Area; 5. Gibson-Burr Planned Sewer Area; 6. Jewetta Planned Sewer Area; 7. Hosking Planned Sewer Area; 8. Northeast Bakersfield Planned Sewer Area; 9. Allen Road Planned Sewer Area; 10. Brimhall Planned Sewer Area; 11. Mohawk Planned Sewer Area; Page 3 of 5 ~ <QAKC'-s>. o % >- - ..... "' (3 S ORIGINAL 12. McDonald Planned Sewer Area (Existing Residentiallnfill Sewer Area); 13. McAllister Ranch Planned Sewer Area; 14. Verdugo Lane Planned Sewer Area; 15. Allen Road II Planned Sewer Area 16. Panama and Union Planned Sewer Area" SECTION 4 This Ordinance shall be posted in accordance with the provIsions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -----00000----- Page 4 of 5 ~ <Qtr.KC'1> c ~ >- - ..... m - r- o t::7 ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAY 2 3 zn07 by the following vote: · GYW NOES: ABSTAIN: ABSENT: ~ --- ~.--- ...-- COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER I}~ CITY CLERK and EX OF 10 of the Council of the City of Bakersfield APPROVED: By: APPROVED AS TO FORM: VIRGINIA GENNARO City AltOr:?? BY:~~~~aM J ICE SC NLAN Assistant City Attorney S:ICOUNCILIOrdsI06-07 OrdsI14.12.390.SewerPaymenlsFnl.doc Page 5 of 5 ~ <oAkC'-s>. c ~ >- - ..... m - r- <.;) t::7 ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 24th day of Mav. 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4433 passed by the Bakersfield City Council at a meeting held on the 23rd day of Mav. 2007 and entitled: ORDINANCE AMENDING SECTIONS 14.12.030, 14.12.390 AND 16.32.060E OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SEWERS PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield . By: ~ .;}-..;uAU DEPU Y Ci Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd ~ ~"J(' <:> ,... ~ ~ OR1GINA\:,