Ord 107OI~DINkNC~ NO. 107
AN OI~DINANCE OF THE CITY OF P(YWAY, CALIFOlqlqIA
PRESCRIBING N3L~R AbD Rf~ULATIONS FOR SEWER SERVICE,
AND REPEALING O~DINANC~ A~D ~ES0LUTIONS IN GONFLICT HE~
THE CITY GOUNCIL OF THE CITY OF POWAY DOES O~DAIN AS FOLLO~:
Section 1.
Ordinance Nos. 59, 67, 71, 75 and 76 of the Pomerado Gounty Water District are
hereby repealed.
Section 2. Purpose of Rules and Regulations.
Tne 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 Phrases. 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 equi[m~_nt.
3.4
Severability. If a section, subsection, sentence, clause or phrase of
this ordinance is for any r~-~on held to be unenforc~hle and is
severable, such decision shall not affect the validity of the renaining
portions of this ordinance.
3.5
Sewer Service and Gonnection Conditions. 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 ~¥~loyee or represen-
tative of the City shall at any time in any manner operate the valves,
motors, gates, machinery, sewage treatment plant, sewer manholes, or
siphons of the City system or interfere with sewer lines or other parts
of the sewer system.
Ordinance No. 107
Page 2
3.7
penalty For Violation. For the failure of a customer to cc~ply 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 renedy provided by law, the City may
discontinue sewer service.
3.8
Rulings Final. All rulings of the City Manager shall be final umless
appealed in writing to the City O~uncil within five (5) ~Drking days.
When appem_ !ed, the Gouncil's ruling shall be final.
Section 4. Definitions.
4.1 Applicant - me~ns 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, ~.~ement or property line.
4.3 Gollector Line - means the City's pipeline to which the City's service
laterals are connected.
4.4 Gost - means the cost of labor, material, transportation, supervision,
engineering and all other necessary overhead expenses.
4.5 Gouncil - m~ns the City Oouncil 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 - romans any person or group of persons, including cor-
porations or public entities, who request the City to extend its sewer
facilities.
4.8
Owner -mea_ ns the person owning the fee, or the person in whose name
the legal title to the property appem_ rs, by deed duly recorded in the
Gounty Recorder's Office, or the person in possession of the property
or buildings under claims of, or exercising acts of ownership over s~ne
for himself, or as executor, administrator, (.p~mrdian or trustee of
4.9
Regular Se~er Service - means sewer service and facilities rendered for
normal __domestic and industrial or commercial purposes on a permanent
basis and the sewer systen available therefor.
Ordinance No. 107
Page 3
4.10
Sewer ODnnection - m~ns the connection of any domestic, cca%mercial or
industrial se~er lines to the City's syste~ after payment of
est~hlishe~l fees and charges and City's approval.
4.11
Sewer Depa~-t~nt - means the administrative and operations facilities
of the City performing functions related to the city's sewer service,
together with the City Manager, Legal Counsel, City Engineer and other
duly authorized City representatives.
4.12
Trunk Line - m~ns a main se~er line to which many collection lines are
connected and which serves the primary purpose of transporting sewage
frc~ collection lines to the disposal.
Section 5. Notices.
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 energencies the City may notify the customer either
by telephone or messenger. Notice frc~ the customer to the City my be given by
the customer, or the customer's authorized representative in writing to the City
Clerk.
Section 6. Application For Sewer ~onnections And/Or Nonthly Sewer Service.
6.1 Applications for sewer connections and/or sewer service may be m~ae at
the city Hall on prescribed forms provided by the City.
6.2 Undertaking Of ADplicant.
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 palam~t for such sewer service fees, connection f~ and
inspection fees, as well as other pertinent contingent fees set forth
by resolution and by other applicable rules and regulations.
Section 7. Prohibited Use Of Sewage Facilities
7.1 Discharge of Objectionable Matter Into Sewage Systen 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 re~airing,
cleaning out or flushing of such sewer, including but not limited to
the following specific material or matter:
Ordinance No. 107
Page 4
7.1.1
Any waters or waste ~ontaining more than 200 parts per
million of fat, oil or gr_~e.
7.1.2
Any liquid or vapor having a t~ik~erature 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 I~ 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, wood, improperly shredded garbage or any
inflammable or volatile liquid.
7.1.5
Any waters or waste ~ontaining a toxic or poisonous substance
which would ~onstitute a hazard to animals or htm~ns.
7.1.6
Any solids which will not pass through a scr~n~ with opening
one (1) inch sc~are.
7.1.7
Any liquid containing dissolved sulphides or compounds of
intense odor which might cause odor nuisances from manholes.
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 us~al process of s~age 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
biochemical de~and greater than 400 parts per million by
weight.
Section 8. Waters Not To Be Discharged Into Sewer.
It shall not be permitted to discharge in or through the sewer system, s sudl
water which may lawfully be disposed of by means other than through the sewer
system, 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 con%mercial or domestic water softening
devices is not permitted.
ordinance No. 107
Page 5
Section 9. Industrial Wastes.
9.1
~e 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. ~ne City Manager may require, subject to the appro-
val of the City Council, and as a condition to the use or continued use
of the sanitary sewer syste~ of the City, that any person:
9.1.1
Provide at his own expense sud~ preliminary treatment of
industrial wastes as may be necessary to make the same comply
with the provisions of this regulation.
9.1.2 ODntrol 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 c~mplies with the provisions of this
regulation.
9.1.5
O~uly with all requirements published by the Environmental
Protection Agency (EPA) and all subordinate agencies.
Section 10. Use Of Plumbinq Interceptors.
Except in the case of private dwelling units, the City may order any person con-
necting to the s~-r system to install interceptors for gr~e, 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 ~ily accessible for
cloning 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 ~onservation Devices.
It is the intent of this ordinance to prc~ote and facilitate a policy of water
conservation and reclamation. New construction units, residential or c~ercial
will not be permitted to connect to the sewer system unless water saver type
toilet fixtures are utilized in the dwelling or oonm~=_rcial buildings. Water
Ordinance No. 107
Page 6
saver toilets are defined as those specifically designed and manufactured so as
to utilize no more than 3.75 gallons of water per fl,~h. In addition, installa-
tion of water saver faucets and shower heads is required.
Section 12. Right To Inspect.
The officers, e~ployees and agents of the City shall have the right to enter
upon any pr~nises within the City to inspect and determine if this ordinance is
being oomplied with.
Section 13. Unlawful To Make Sewer Oonnection Without Payment Of Fe~.
13.1
No person shall connect to the City's sewer systen 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 fca
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 s,,~itted a request and "~onsent to
Annexation" to the City of Poway and paid the prescribed fees and
c~arges 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 systen except in oompliance
with the terms of this ordinance and payment of the fees and charges
established by resolution purs,,~nt to this ordinance.
Section 14. Enforcenent M~ures In Case of Delinquencl;.
14.1 When any fee or charge imposed by this ordinance beco__mes delinquent,
the enforcenent 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 pr~mise from the City's sewer syst~n. Prior
to such disconnection, notice of such delinquency shall be
given to the occupant of the pr~tise by United States mail
with return receipt, or by posting such notice on the preni-
ses. The occupant will be given the opportunity for informal
h~ring with the City Manager prior to said disconnection,
and if requested, within five (5) days ther~ter appeal to
the City Oouncil. ~oncurrently with the disconnect, a copy
Ordinance No. 107
Page 7
of City's notice to occupant will be furnished to the
regional office of the ~ounty Hmalth Department. When a pre-
raise has b~l disoonnected, it shall not be reconnected until
all delinquemt fees and charges have been paid, together with
a charge for such disconnection and reoonnection, as
established by resolution of the City Oouncil.
14.2.3 Discontinue water services.
Section 15. Oonstruction Of Sewer Lateral.
The expense of construction of applicant's sewer line and City's lateral frcml
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 cl~nout box and property line cl~nout is the respon-
sibility of and shall be borne ~ntirely by the applicant.
Section 16. Palanent Of Sewer Connection Fees.
Connection Fees and Inspection F~ are due and payable at time of application
for connection. Applicants for connection to an established home may pay the
connection fee on an installment plan of twenty-five percent (25%) down at the
time of application with the balance in monthly installments calculated to pay
the balance in full within twelve (12) months. This provision is intended for
hardship cases when converting frcm septic systen to public sewer. Evidence of
the payment and approval of connection to a public sewer must be presented
before issuing a Building Permit. The City will provide a copy of the approved
Sewer Connection Application for this purpose when all fees and charges have
been paid. Poway Building Oode §303 is hereby ~nended accordingly.
Section 17. Palanent Of Sewer Service Charqes.
The sewer service charges shall be set by resolution of the Poway City Oouncil
and, except for schools, will be collected on the bimonthly water bill if water
service is provided. Schools and those customers not receiving water service
will be billed annually in advance during the month of July for the entire
y~r o
Bills for periods of service for thirty (30) days or less shall be one half (½)
of the bimonthly charge. For periods greater than thirty (30) days, the bill
shall be equal to the full bimonthly charge.
Ordinance No. 107
Page 8
Bills are due and payable on presentation and are delinquent if unpaid within
thirty (30) days of the date roiled. A delinquency d~arge shall be added to the
service d~arge for all payments not received within thirty (30) days of the date
the bill was mailed to the customer. The amount or rate of the delinquency
charge shall be set by resolution of the City fbuncil.
The City may discontinue service as provided in Section 14 for failure to pay
the service charge or delinquency charge.
Section 18. Responsible Party For Payment Of S~wer Service (~arg~.
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 reoord 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 reoord 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 betwc~n landlords and
tenants to the contrary will not relieve the landlord or re~)rd
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, S~wer Service
(lharges And/Or ~onnection Fees.
Whenever the use of any premises previously connected to the City's syste~ is
changed so that there is a fee applicable to such premises different frcm that
which existed at time original application was rode, there shall immediately
become due, owing and payable to the City the incr~e in fc~ applicable, and
in addition thereto the incr_~ed 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.
~1~
Ordinance No. 107
Page 9
Section 20.
If any portion of this ordinance should be determined to be unoonstitutional or
otherwise unenforc_~ble by a oourt of oompetent jurisdiction, the remaining por-
tions of this ordinance shall continue in full force and effect.
Section 21.
This ordinance shall take effect and be in force thirty (30) days after the date
of its passage; and before the expiration of fiftc~n~ (15) days after its
passage, it shall be published once with the names and m~bers voting for and
against the same in the Poway N~ws Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first r~ad at a regular meeting of the city Gouncil of the
City of Poway held the 28th day of June, 1983, and ther~ter PASSED AND ADOP~'~U3
at a regular meeting of said City Gouncil held the 12th day of July, 1983, by
the following roll call vote:
GOUNCI~EBS:
GOUNCIIZ4~ERS:
GDUNCILMf~ERS:
f~ERY, K~3SE, SHEPAI~SON, TARZY, ORAVEC
NONE
NONE
Linda Oravec, Mai~r
M~rjorie K.~Wahlsten, City Clerk