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HomeMy WebLinkAbout2086 ORDINANCE NO. 2086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTER 6, ARTICLE II OF THE ARCADIA MUNICIPAL CODE RELATING TO SEWER SERVICE CHARGE WHEREAS, sewer services are service related fees; and WHEREAS, subject fees are based on usage and are not applied to parcels of property without usage; and WHEREAS, without a service connection there is no application of sewer rate charges; and WHEREAS, notice of a public hearing has been provided; and WHEREAS, the residential and commercial sewer rates revised in the following are consistent with costs and services to provide a Sewer Master Plan Implementation Schedule which is necessary for the health, safety and welfare of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND ORDAIN AS FOLLOWS: SECTION 1. That Sections 2696, 2696.3, 2696.4 and 2696.5 of the Arcadia Municipal Code are hereby amended to read as follows: 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 1 2086 sewerage system of the City of Arcadia, payable as provided in this Part. The aforesaid charges shall be paid to the City of Arcadia in an amount determined as follows: (a) One-Family Dwellings - $2.00 per month (b) Two-Family Dwellings Multiple-Family Dwellings and Condominiums - $2.00 per month per dwelling unit (c) Any other premise - $6.00 per month sewer connection charge and an additional $2.00 per month per dwelling unit (e.g. hotel room) (d) Premises where sewer connections are not available or are not connected shall be exempt from said monthly charge. (e) The charge schedule will be indexed on an annual basis in accordance with the July Consumer Price Index for the Los Angeles/AnaheimlRiverside Area. 2696.3. ENFORCEMENT MEASURES IN CASE OF DELINQUENCY. The Maintenance Services Director or his designee 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 Maintenance Services Director or his designee and the City Treasurer for such purposes. (a) In the event ofa violation of any items of this Part, or any rule or regulation established pursuant hereto, the Maintenance Services Director or his designee 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 2 2086 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 event such violation results in a public hazard or menace, then the Maintenance Services Director of his designee may enter 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 delinquence, 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 thirty (30) days after such bill becomes delinquent, the Maintenance Services Director or his designee, upon notification of such delinquency by the City Treasurer, shall disconnect the premise 3 2086 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 delinquent 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. 2696.4. CHARGES OTHER THAN WITH WATER BILL. If a premise with sewer 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 Maintenance Services Director or his designee notwithstanding the foregoing, the Maintenance Services Director or his designee 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 interest of the City. 2696.5. APPLICATION OF FUNDS. There is hereby established a Sewerage Fund to be administered by the City Treasurer. All charges received pursuant to this Part shall be used only for the acquisition, construction, reconstruction, maintenance and operation of City sewerage facilities. Said charge shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers. 4 2086 SECTION 2. That the City Council of the City of Arcadia hereby finds and determines that this Ordinance is required for the purpose of fixing the sewer charge for the purpose of providing revenue for the usual current expenses of the City of Arcadia for the Sewer Master Plan implementation schedule. SECTION 3. If any section, subsection, 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 of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 4. 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 thereunder appertaining shall continue in full force and effect. 5 2086 SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of the City of Arcadia within fifteen (15) days upon its adoption. Passed, approved and adopted this 19th day of May ,1998. ~.~ ~ City of Arcadia ATTEST: ~~;,:~~"J 7f-~ APPROVED AS TO FORM: c~:dd ~ fn$, 6 2086 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2086 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of May, 1998 and that said Ordinance was adopted by the following vote, to wit: A YES: Councilmember Chandler, Harbicht, Roncelli and Kovacic NOES: Council member Marshall ABSENT: None 7 2086