Item 6 - Ordinance Prescribing Rules and Regulations for Sewer Service First ReadingAGENDA REPOR:
CITY OF POWAY
40: Honorable Mayor and Members of the City O:iuncil
FRkf: James L. Bowersox, City Man
INITIATED BY: Marjorie. K. Wahlsten, City tk
DATE: June 28, 1983
SUBJFCP:
BACKGFOUND
l�ules and Re
By Ordinance No. 15,, adopted January 27, 1981, the City ,Council provided for all
Ordinances of the Rxnerado Bounty Water District to remain in effect until
superseded. ,Sane were superseded by Ordinance No. 83, which changed the proce-
dure for reserving sewage capacity.
Now, as another part of the codification process, the remaining Ordinances need
to be pulled together and updated.
The attached Ordinance s identical to the Pomerado Oounty Water District's
ordinances with the following exceptions:
1. Panerado County Water District is changed, to City.
2. References' to ,prow ding a sewage treatment plant are eliminated.
3: Reference to payment of sewer service charges on the tax roll are
changed to reflect the current practice of collecting on the water
bill.
4. Discontinuation of water service is established,as an action that can
be taken if sewage fees or charges become delinquent.
5. All fees and charges are to be established by Resolution. the sewer
service charge was adopted on June 21, 1983. The other fees.will
remain the same and.be.presented in Resolution form at the time 'this
ordinance is presented for second reading.
ACTION•
Issued Categorical exemption. Set second reading for 7- 12 -83. 6 -28 -83
U) jt C
q Seibert, Deputy City Clerk
JUN 2:8 1983 ITEM 6
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Agenda Report - Sewer Service Ordinance
June 28, 1983
Page 2
0
It is recommended that the City Oouncil authorize the issuance of a Categorical
Exemption, introduce and;have first reading of the attached ordinance entitled,
"An Ordinance of the City of Poway, California,,Prescribing Rules and
Regulations for Sewer•Service, and Repealing Ordinances and Resolutions in
Conflict Herewith," and set second reading for July 12, 1983.
JIB:MW:ml
Attachments:
1) Categorical Exemption
2) Ordinance.
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III
ORDINANCE ND.
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
PRESCRIBING RULES AND REGULATIONS FOR SEWER SERVICE,
AND REPEALING ORDINANCES AND RESOLUTIONS IN amnicr HEREWITH
THE CITY O'3UNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLIAWS:
Section 1.
Ordinance Nos. 59, 67, 71, 75 and 76 of the lomerado County Water District
are hereby repealed.
Section 2. Purpose of Rules and Regulations.
The purpose of these rules and regulations is to 'set forth the terms and con-
ditions under which the City will authorize connections and provide sewer ser-
vice to customers.
Section 3. General Provisions.
3.1 Short Title. This ordinance shall be known as "The City of Poway
Sewer Ordinance."
3.2 Words and Phrase. For the purpose of this ordinance, all words used
herein in the present tense shall include the future; all words in the
plural number shall, include the singular number; and all words in the
singular number shall include the plural. number.
3.3 Sewer System. The City will furnish a system, works and undertakings
used for and useful for collection of domestic and industrial sewage,
including all parts of the enterprises, all appurtenances to it, and'
lands, easements, rights in land, contract rights, franchises and other
sewage collection facilities and equipment.
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3.4 Severability. If a section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be 'unenforceable and is
severable, such decision shall not affect the validity of the remaining
portions of ttiis ordinance.
3.5 Sewer Service and Connection Oonditions. All applicants for sewer
-service or sewer connections shall be required to accept such con-
ditions of connection and service as may be provided by the City.
3.6 Tampering With City Property. No one except an employee or represen-
tative of the City shall at any time in any manner operate the valves,
motors, gates, machinery, sewer manholes, or'siphons of the City system
or interfere with sewer lines or other parts of.the sewer system.
3.7 Penalty For Violation. Fbr the failure lof a customer to comply with
all or any part of this ordinance and any ordinance, resolution or
order of the City pertaining to the delivery of public services in
addition to any other penalty or remedy provided by law, the City may
discontinue sewer service.
3.8 Rulings Final. All rulings of the City Manager shall be final unless
appealed in writing to the City Council within ifive (5) working days.
When appealed, the Council's ruling shall be final.
Section 4. Definitions.
4.1 Applicant - means any person or group of persons who applies for sewer
service.
4.2 City Service Lateral - means the pipe between the City's main or
collection line and the customer's service; connection at the edge of
the street, easement or property line.
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4.3 Collector Line - means the City's pipeline to which the City's service
laterals are connected'.
4.4 Cost - means the cost of labor, material, transportation, supervision,
engineering and all other necessary overhead, expenses..
4.5 Council - °means the City Council of the.City of Poway.
4.6 Customer - means any person, firm, association, corporation or govern-
ment agency served °or entitled to be served sewer service by'the City
for compensation.
4.7 Developer, - means any person or group of persons, including cor-
porations or public entities, who request the City to extend its sewer
facilities.
4.8 Owner - means the person owning the. fee, or the person in whose name
the. ]regal title„ `to the property appears,. by deed duly recorded in the
County Recorder's Office, or the person in possession of the property
or buildings under claims of, or exercising acts of ownership over same
for himself„ or as executor, administrator, guardian or trustee of
owner.
4.9 :Regular Sewer Service — means sewer service and facilities rendered for
normal domestic and industrial or cocnnercial purposes on a permanent
basis and the sewer system available therefor.
'' 4.10 Sewer Connection - means the connection of any domestic, oo mercial or
industrial sewer lines to the City's systsn after payment of
established fees and charges and City's approval.
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4.11 Sewer Department - means the administrative and operations facilities
of the City performing functions related to the City's sewer service,
together with the City Manager, Legal dounsel, City Engineer and other
duly authorized City representatives.
4.12 Trunk Line - means a main sewer line to which many collection lines are
connected, and which serves the primary purpose of transporting sewage
from collection lines to the disposal.
Notice to Customers -- Notices from the City to a customer will normally be given
in writing and either delivered or mailed to the customer at the customers last
known address. However, in Emergencies the City may notify the customer either'
by telephone or messenger. Notice from the customer to the City may be given by
the customer, or the customer's authorized representative in writing to the City
Clerk.
Section 6. Application `Ebr Sewer Connections And /Or Monthly Sewer Service.
6.1 Applications for sewer. connections and /or sewer service may be made at
the City Hall on prescribed forms provided by the City.
6.2 Undertaking Of Applicant.
Application approved for sewer service and /or sewer connections will
signify the applicant's willingness and intention to comply with all
ordinances and regulations relating to sewer service and/or Connections
and to make payment for such sewer service fees, connection fees and
inspection fees, as well as other pertinent contingent fees set forth
by resolution and by other applicable rules and regulations.
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Section 7. Prohibited Use Of Swage Facilities
7.1 Discharge of Objectionable Matter- Into. Sewage System Prohibited.
No person shall place, deposit or throw into any vessel, pipe.or recep-
table connected with the sewer any 'materials or matter of whatever
kind, class or description which will clog, obstruct, fill or prevent
the effective use of and /or necessitate the frequent repairing,
cleaning out or flushing of such sewer, including but not limited to
the following specific material or matter:
3 7.1.1 Any waters or waste containing more than 200 parts per
mill -ion of fat, oil or grease.
7.1.2 Any liquid or vapor having a taTerature higher than 150
degrees Fahrenheit.
7.1.3 Any waters or waste having an acidity of a PH of 6.0 or
lower, or an alkalinity of a PH of 9.0 or higher.
7.1.4 Any gasoline, benzine, naptha, fuel, oil, ashes,, cinders,
sand, mud, straw, shavings, metal, ,glass, rags, weeds, grass,
tar, :plastics, Hood, improperly shredded garbage or any
inflammable or volatile liquid.
7.1.5 Any waters or waste containing a toxic or poisonous substance
which would constitute a hazard to animals or humans.
7.1.6 Any solids which will not pass through a screen with opening
one (1) inch square.
7.1.7 Any liquid oontaining dissolved sulphides or compounds of
intense odor which might cause odor nuisances from manholes.
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7.1.8 Any water or waste containing suspended solids of such a
character and /or quantity that would endanger, injure or
interfere with a normal and usual process of sewage treat-
ment, and in no case shall any water or waste deposited in or
disposed. through the sewers contain more than 350 parts per
million by weight of suspended solids or have a five (5) day
biodhEmical demand greater than 400 parts per million by
weight.
Section 8. Waters Not To Be Discharged Into Sever.
It shall not be permitted to discharge in or through the sewer systems such
water which may lawfully be disposed of by means other than through the sewer
systen, including but not limited to storm waters, surface waters, roof run -off,
cooling waters, unpolluted industrial wastes and swimming pool waters. In addi-
tion, discharge of residual brine from commercial or domestic water softening
devices is not permitted.
Rer+ inn 9_ TndnGtrial Wastes_
9.1 The introduction into the sanitary sewer system of the City of any
industrial wastes shall be subject to the control and supervision of
the City.Manager. The City Manager may require, subject to the appro-
val of the City 0ouincil, and as a condition to the use or continued use
of the sanitary sewer system of the City, that any person:
9.1.1 Provide at his own expense such preliminary treatment of
industrial wastes as may be necessary to make the same comply
with the provisions of this regulation.
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9.1.2 Control such quantities and rates of discharge of such
industrial wastes into the sanitary sewer system of the City.
9.1.3 Install and provide at his own expense suitable control faci-
lities to permit observation, sampling and measurement of
industrial wastes.
9.1.4 Furnish at his own expense such true and accurate reports in
writing as may be required by the City Manager of the City to
determine whether or not the discharge of industrial wastes
into the sanitary system complies with the provisions of this
regulation.
9.1.5 Comply with all requirements published by the Environmental
Protection Agency (EPA) and all subordinate agencies.
Section 10. Use of Plumbing Interceptors.
Except in the case of private dwelling units, the City may order any person con-
necting to the -sewer system to install interceptors, for grease, oil, sand or
other harmful ingredients. All interceptors shall be of a type and capacity
approved by the City and shall be located so as to be easily accessible for
cleaning and inspection. Such interceptors shall be installed and maintained by
the owner at his expense and shall be kept in good and continuous operation at
all times.
Section 11. Water Conservation Devices.
It is the intent of this ordinance to promote and facilitate a policy of water
conservation and reclamation. New construction units, residential or commercial
will not be permitted to connect to the sewer system unless water saver type
toilet fixtures are utilized in the dwelling or commercial buildings. Water
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saver toilets are defined as those specifically designed and manufactured so as
to utilize rho more than 3.J5 gallons of water per, flush. In addition, installa-
tion of water saver faucets and shower heads is ;required.
Section 12. Right To Inspect.
The officers, employees and agents of the City •,shall have the right to enter
upon any premises within the City to inspect and determine if this ordinance is
being complied with.
Section 13. Unlawful To Make Sewer Connection Without,Payment Of Fee.
13.1 No person shall connect to the City's sewer system without first exe-
cuting an application for sewer connection and obtaining the approval
of the City Manager authorizing such connection. Approval of applica-
tion shall be based on the applicant's ability to deliver sewage to
points and elevations designated by the City and payment of all fees
and charges. All applicants for new connections must provide evidence
that the property or properties to be served are within the boundaries
of the City of Poway or shall have submitted a request and "Consent to
Annexation" to the City of Poway and paid the prescribed. fees and
charges for such annexation prior to approval of such annexation and
complied with all local and State laws related to annexations.
13.2 No person shall discharge or allow the discharge of or dump sewage or
other waste matter into the City's sewer system except in compliance
with the terms of this ordinance and payment of the fees and charges
established by resolution pursuant to this ordinance.
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Section 14. Enforcertent'Measures'`In Case of Delinquency.
14.1 When any fee or, charge imposed by this ordinance becomes delinquent,
the enforcement agents are authorized to take any or all of the
following actions:
14.2.1 Any steps authorized by law to collect such fees and charges.
14.2.2 Disconnect the premise from the City's sewer system. Prior
to such; disconnection, notice of such delinquency shall be
given to the occupant of the premise by United States mail
with return receipt, or by posting such notice on the premi-
ses. The occupant will be given the opportunity for informal
hearing with the City Manager prior to said disconnection,
and if requested, within five (5) days thereafter appeal to
the City Council. Concurrently with the, disconnect, a copy
` of City's notice to occupant will be furnished to the
regional office of the Wunty Health Department. When a pre-
mise has been disconnected, it shall not be reconnected until
all delinquent fees and charges have been paid, together with
a charge for such disconnection and reconnection, as
established by resolution of the City Oouncil.
14.2.3 Discontinue water services.
Section 15. Construction Of Sewer Lateral.
The expense of construction of applicant's sewer line and City's lateral from
property line to City main or collection system, including but not limited to,
City Permits, excavation, pipe, wyes, tees, backfill, surface restoration and
construction of No. 3 cleanout box and property line cleanout is the respon-
sibility of and shall be borne entirely by the applicant.
11.
JUN 281983 ITEM 6
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1. Section 16. Payment Of'Seaer Connection Fees.
2. Connection Fees and Inspection Fees are due and payable at time of application
3. for connection. Applicants for connection to an established home may pay the
4: connection fee on an installment plan of twenty -five percent (258) down at the
5. time of application with the balance in monthly installments calculated to pay
6 the balance in full within twelve (12) months. This provision is -intended for
7. hardship rases when converting from 'septic system to, public sewer. Evidence of
B. the payment and approval: of connection to a public sewer must. be presented
-9. before issuing a Building Permit. The City will provide a copy of the approved
10. Sewer Onnection Application for this purpose when all fees and charges have
11. been paid. Poway Building Oode §303 is hereby amended accordingly.
12. Section 17. Payment Of Sewer Service Charges.
13. The sewer service charges shall be set by resolutiod of the'Poway City Council
14. and, except for :schools, will be collected on the bimonthly water bill if water
15'. service is provided. Schools and those customers not receiving water service
16. will be billed annually in advance during the month of July for the entire year.
17.
18. Bills for periods of "service for thirty (30) days or less shall be one half (})
19. of the bimonthly charge. For periods greater than thirty (30) days, the bill
20. shall be equal to the full bimonthly charge.
21. Bills are due and payable on presentation and are delinquent if unpaid within
22. thirty (30) days of the date mailed. A delinquency charge shall, be added -to the
23. service charge for all payments not received within thirty (30) days of the date
24. the bill was mailed to the customer. The amount or rate of the delinquency
25. charge shall be set by'resolution.of the City council.
26. The City may discontinue service as provided in Section 14 for failure to pay
27 the service charge or delinquency charge.
28.
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Section 18. Responsible Party For Payment Of Sewer Service Charge.
18.1 Bimonthly service Charge.
The party responsible for payment of the bimonthly, service charge
shall be the party who is being billed for water service.
However, the record owner of the property shall ultimately be
responsible for payments of the sewer service charges. Any
agreement between landlords and tenants to the contrary will not
relieve the landlord or record owner of the property of the
responsibility for payment of the sewer service charges to the
City of Poway.
18.2 Annual Service Charge.
The record owner of the property shall be responsible for payment
of the annual service charge. Any agreement between landlords and
tenants to the contrary will not relieve the landlord or record
owner of the property of the responsibility for payment of the
sewer service charges to the City of Poway.
Section 19. Changes In Use Resulting In Increased Rates, Sewer Service Charges
And /Or Cbnnection Fees.
Whenever the use of any premises previously connected to the City's system is
changed so that there, is a fee applicable to such premises different from that
which existed at time original application was made; there shall immediately
become due, owing and payable to the City the increase in fees applicable, and
in addition thereto the increased rate for sewer service charges applicable to
the premises for the remainder of the month in which the change is made, and all
past sewer service charges shall be paid to the current time of the next billing
period or July 1st following. The charges imposed by this regulation shall
become delinquent sixty (60) days following the date it becomes due.
JUN 281983 ITEM 6
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1. Section 20.
2. If any portion of this ordinance should be.determined to be unconstitutional or
3. otherwise unenforceable by a court of competent jurisdiction, the remaining por-
4. tions of this ordinance shall continue in full force and effect.
5. Section 21.
6. This ordinance shall take effect and be in force thirty (30) days after the date
7. of its passage; and before the expiration of fifteen (15) days after its
8. passage, it shall be 'published once with the names and members voting for and
9. against the same in the Poway News Chieftain, a newspaper of general circulation
10. published in the City of Poway.
11. Introduced and first read at a regular meeting of the City Wuncil of the
12. City of Poway held the day of 1983, and thereafter PASSED
13. AND ADOPTED at a regular meeting of said City Council held the day of
14. 1983, by the following roll call vote:
15.
16. AYES: OOUNCIiMEMERS:
17. NOES: ODUNCIIM ME16:
18. ABSENT: O7UNCILMEMBE16:
19.
Linda Oravec, Mayor
20.
21. Marjorie K. Wahlsten, City Clerk
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