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Home My WebLink About1640 ORDINANCE NO. 1640 AN ORDINANCE OF THE CITY OF ARCADIA ADDING TO CHAPTER 6 OF ARTICLE II OF THE ARCADIA MUNICIPAL CODE A NEW PART 9.6 ENTITLED SEWER SERVICE CHARGE FOR USUAL CURRENT EXPENSES OF. THE CITY OF ARCADIA THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. That the Arcadia Municipal Code is hereby amended by adding to Chapter 6 of Article II thereof a new Part 9.6 to read as follows: "ARTICLE II. CHAPTER 6. PART 9.6. ADMINISTRATION TAXES SEWER SERVICE CHARGE 2696. SEWER SERVICE CHARGE. There is hereby levied and assessed a charge upon the privilege of using a sewer connection with the sewerage system of the City of Arcadia or on the privilege of discharging sewage which ultimately passes through the sewerage system of the City of Arcadia, payable as provided in this part. Aforesaid charge shall be paid to the City of Arcadia in an amount determined as follows: (a) One-Family Dwellings $ .50 per month (b) Two-Family Dwellings Multiple Family Dwellings and Condominiums $ .50 per month per dwelling unit (c) Any other premise $2.00 per month for each sewer connection (d) Premises where sewer connections are not available or are not connected shall be exempt from said monthly charge. -1- 1640 2696.1. BILLING FOR AND PAYMENT OF MONTHLY SEWER SERVICE CHARGES. (a) All sewer service charges shall become due and payable to and at the office of the City Treasurer on the same date that the water bill, on which the sewer service charge is included, becomes due and payable and shall become delinquent on the same date that said water bill becomes delinquent. (b) All bills for such charges shall be issued by the Water Department. (1) In all cases where the premise in question is connected to the municipal water system, the sewer service charges shall be combined with bills or statements for water service rendered by the City system. The bills shall state their purpose (water and sewer service), shall give the name and last known address of the person responsible for payment. (as herein provided), and shall list separately the charge for water service and the charge for sewer service and the total charge for both services. Neither charge may be paid separately from the other. (2) If a premise with sewer service is not connected with the City water system, a separate bill shall be rendered for sewer service only. 2696.2. PERSONS RESPONSIBLE FOR PAYMENT. All monthly sewer service charges shall be billed to the following persons: -2- 1640 (a) In the case of any person whose premise is connected with the City water system, then to the person who requested such connection to the City water system or his successor in interest, or to any person requesting that such bill be charged to him, or (b) In the case of any person whose premise is not connected to the City water system, then to the person who requested the connection to the City sewer system or his successor in interest, or if no such request was made, then to the owner of record of such premise on the date on which such premise is required hereby to connect to the City sewer system, or to the successor in interest to such person, or to any person requesting that such bill be charged to him. 2696.3. ENFORCEMENT MEASURES IN CASE OF DELINQUENCY. The Water Manager and City Treasurer are hereby charged with the enforcement of all of the provisions of this Part The Chief of Police and all police officers of the City shall be deputies of the Water Manager and the City Treasurer for such purposes. (a) In the event of a violation of any items of this Part, or any rule or regulation established pursuant hereto, the Water Manager or the City Treasurer, in writing, shall notify the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the Water Manager will exercise his authority to disconnect the premise from the City water system or City sewer system; provided that such time shall not be less than five (5) days after the deposit of such notice in the United States Post Office at Arcadia, California, addressed to the person to whom notice is given; provided, however, that in the -3- 1640 event such violation results in a public hazard or menace, then the Water Manager m~y ente~ upon the premise without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of things done and the amounts expended in so doing shall be a charge upon the person so in violation. (b) Upon failure of any person billed or the owner of a premise to pay any sewer service charge prior to deliquence, anyone or more of the following actions may, or where required hereby must, be taken by the City or City officials to enforce such payment, subject to the provisions of paragraph (a) of this Section. (1) Each sewer service charge levied by or pursuant to this part on any premise within the City limits of the City is hereby made a lien upon such premise and any steps authorized by law may be taken by the City to enforce payment of such lien. (2) In each case where any bill for both water service and sewer service remains unpaid for 30 days after such bill becomes delinquent, the Water Manager, upon notification of such delinquency by the City Treasurer, shall disconnect the premise from the City sewer system. Whenever a.premise has been disconnected from the City sewer system for non-payment of sewer service charges, such premise shall not be reconnected to either the City water system or to the City sewer system until all deliquent charges and penalties have been paid together with such reasonable charges for reconnection as may be ordered from time to time by the City Council by resolution duly adopted. -4- 1640 2696.4; 'CHARGES OTHER THAN WITH WATER BILL. If a premi~e with ~ewer service is not connected with the City water system, a separate bill shall be rendered for sewer service only. The time and manner of billing for services on premises not served with city water shall be as determined by the Water Manager notwithstanding the foregoing, the Water' Manager shall have the power to authorize or require payment to be made on a monthly basis if he is of the opinion that such a procedure is in the best interests of the City. 2696.5. APPLICATION OF FUNDS. There is hereby established a Sewerage Fund to be administered by the City Treasurer. All taxes received pursuant to this Part. shall be used only for the acquisition, construction, recons.truct ion, maintenance and operation of City sewerage facilities. Said tax revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished frorrimain trunk, interceptor and outfall sewers." SECTION 2. This ordinance shall he effective upon its adopt ion. SECTION 3; That the City Council of the City of Arcadia hereby finds and deter~i~es that this ordinan~e is required for the pur- pose of fixing the rate of taxitibn for the purpose of providing . ' a tax levy for the usual current.expenses of the City of Arcadia. SECTION 4. If any.section, subserition, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby' declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective ofth~ fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. ) -5- 1640 SECTION 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there- under appertaining shall continue in full force and effect. SECTION 6. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. * * * * -6- 1640 PASSED AND ADOPTED by.the . . adjourned ArcadIa at Its Fegular meeting 1978. SIGNED AND APPROVED this 27th day of Ci.ty held Council of the City of on the 27th day of June , June , 1978. ATTEST: ~,~~ City Clerk' . I HEREBY CEJ\TIFY that the foregoing ordinance was adopted adjourned at a~egular meeting of the City Council of the City of Arcadia, California, held on the 27th day of June ,1978, by the affirmative vote of at least three Council members, to wit: AYES: Councilmen Gilb, Margett, Pellegrino, and Saelid. .NOES:Councilman Parry ABSENT: None Arcadia of the //-. ./ '- ~ , - .....:- . - '---. -- " 7 1640