HomeMy Public PortalAboutOrdinance 648ORDINANCE NO. 648
AN ORDINANCE OF THE CITY OF BEAUMONT
REPEALING BEAUMONT MUNICIPAL CODE
SECTIONS 13.08.180 THROUGH 13.08.390, INCLU:SIVE
AND SECTIONS 13.08.440, 13.08.480 AND 13.08.660
AND ADDING TO THE BEAUMONT MUNICIPAL CODE
NEW SECTIONS 13.08.180 THROUGH 13.08.390,
AND 13.08.440, 13.08.480 AND 13.08.660,
ESTABLISHING THE PROCEDURE FOR SETTING CHARGES
FOR CONSTRUCTION REVIEW OF, CONNECTION TO, AND
AND USE OF PUBLIC SEWERS BY RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BEAUMONT.
THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS
FOLLOWS:
SECTION 1: Sections 13.08.180 through 13.08.39), inclusive,
and Sections 13.08.440, 13.08.480 and 13.08.660 of tie Municipal
Code of the City of Beaumont are repealed.
SECTION 2: Sections 13.08.180 through 13.08.39), inclusive,
are added to read as follow:
13.08.180 General policy.. The connection of a service
lateral to a sewerage system of the City is contingent upon
payment of permit and inspection fees, and, insofar as
applicable, payment of a local sewering charge aid a sewage
treatment facility charge, and continued use of tie sewer is
contingent upon the payment of periodic sewer service charges,
all as set forth in this article.
13.08.190 Permit for connection. A person desiring to make
a connection to a public sewer of the city shall first apply to
the City Manager for a permit. A non-refundable fee shall be
paid with the application. The fee shall be based upon the
average cost of processing each application and shall be set by
resolution of the City Council. The application shall indicate
the property to be served, the intended use of the property, and
such other information as the City Manager may require. The City
Manager will inform the applicant of the pertinent regulations,
where the connection will be made, and the amount of any
applicable charges. The permit shall lapse if not used within
six months of the date of issue.
13.08.200 Inspection of connection. The City gill inspect
the construction of service laterals and the making of
connections of building sewers to service laterals or service
laterals to the main sewer. Where it is necessary to cut a sewer
to connect a lateral, this shall be done only with an approved
cutting machine, and a special flanged stub shall be inserted
into the cut hole and sealed in place to make the connection. A
sewer shall be cut and stub placed only in the presence of
authorized City personnel. No lateral or connection to a
lateral, wye, or sewer shall be covered over until inspected and
approved. If found covered over before inspection it shall be
uncovered at the expense of the responsible party. rhe applicant
shall notify the City forty-eight hours in advance of the time
when inspection is required.
13.08.210 Inspection fees. A. Inspection fees for the
following inspections shall be paid in the amounts set for each
such inspection by resolution of the City Council in effect at
the time the inspection fee is paid.
1. For inspection of a connection to an existing lateral
at or near the property line;
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2. For inspection of construction of a lateral and
connection to an existing wye on the main sewer;
3. For inspection of construction of a lateral and the
cutting and connecting to a main sewer;
4. For inspection of special construction or
construction under unusual conditions.
B. The inspection fee shall be paid at the tine of permit
application.
13.08.220 Local sewering payment requiremen:s. A. A
parcel of property shall not be connected to a sewerage system of
the City until a public sewer has been constructed for the use of
such property at the expense of a developer, owner, or other
interested party, or a local sewering payment has been made to
the City or the property has been obligated for such payment.
B. Except where sewering assessments are leJied against
properties under assessment district proceedings, the local
sewering payment shall be set by resolution of the City Council.
13.08.230 Payment for less than entire parcel. Payment may
be made for less than the whole of a large parcel of property,
subject to these conditions:
A. The amount of such partial payment shall not be less
than two thousand dollars;
B. The part of the property to which such payment applies
shall be clearly delineated and recorded with the City; and
C. The remainder of the parcel shall abut not less than one
hundred feet of a street or right-of-way in which there is or may
later be an accessible sewer, with an average depth not less than
one hundred feet from such street or easement.
13.08.240 Sewage disposal facility payment required. A
parcel of property shall not be connected to a sewerage system of
the City until a sewage treatment and disposal facility has been
constructed to serve the property, or the property has acquired
an equity in a treatment and disposal facility by payment of a
sewage disposal facility payment on behalf of such property.
"Sewage disposal facility," as used in this section, includes
trunk sewers beyond the point where they are accessible for
service connections and land for the treatment plant site.
13.08.250 Amount of sewage disposal facility payment. The
sewage disposal facility charge, where required, shall be based
upon the intended use of the property, and shall be calculated as
follows, at rates set by resolution of the City Council for each
of the following categories:
A. For permanent single-family or multiple -family
residences, apartments, hotels, motels, and other buildings of
similar usages, at a fixed rate per unit;
B. For trailers, R.V. and mobile home parks, at a fixed
rate per space;
C. For retail stores, restaurants, and liquor bars, at a
fixed rate per unit; laundries and laundromats that discharge in
excess of five hundred gallons per day shall be billed on the
basis of average residential unit equivalents based on prior year
average use;
D. For service stations and garages, at a fixed rate per
unit;
E. For school buildings, at a fixed rate per square foot of
total adjusted floor area. This includes buildings used for
classrooms, assembly halls, cafeterias for students and faculty,
gymnasiums, and other buildings for which the prime function is
educational or for serving the needs of students and staff;
dormitories, buildings used by enterprises for profit, and other
noneducational buildings shall be calculated separately under the
appropriate parts of this section;
F. For churches, warehouses, lodges, and industries,
provided they do not discharge any process wastes cr wastewater
from laundering or from the cleaning of facilities, or wastewater
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from the preparing or serving of more than occasional meals or
wastewater from bathing except for emergency showers, for retail
stores that do not use water in preparing part or all of the
goods for sale, at a fixed rate for each of the watef closets and
urinals, but not less than five hundred dollars; office buildings
that do not have plumbing fixtures for other t:an sanitary
convenience in more than ten percent of the rooms and that do not
produce sewage averaging more than two hundred gallons per
working day per one thousand square feet of adjusted total floor
space may also be charged under this subsection;
G. For industries discharging liquid industrial wastes, a
sum equal to five hundred dollars per one thousand gallons per
day of estimated sewage flow on the normal full wor,cing days of
that industry, or such other amount as the City Council may
determine to be fair and equitable.
13.08.260 Buildings of multiple uses. A restaurant in a
building used also for nonrestaurant-related functions shall have
the area pertaining to the restaurant treated separately in
calculating the sewage disposal facility charge. The City
Manager may distinguish other separate uses within a building
when such distinction will enchance the equity of the charge.
13.08.270 Multiple buildings on a parcel. Whe:a a parcel of
property is connected to the sewer, all buildings ,except those
having no plumbing fixtures in them shall be treated as though
connected to the sewer.
13.08.280 Sewage treatment facility payment _s asset of
land. An amount paid as a sewage treatment facility charge is a
credit or asset pertaining to the land, and is inseparable
therefrom.
13.08.290 Changes in land use. If a building or the use of
a building on a parcel of property is changed in a wry that would
make the sewage disposal facility charge greater than the amount
credited to that property, the owner or user shall pay to the
City the difference between the existing credit and the larger
charge calculated on the basis of the enlarged facil_ties and/or
altered use. The additional charge shall be invoiced along with
the next sewer service charge following such change and shall be
collectible by the same means.
13.08.300 No refund for reduced use. If a bui:ding or the
uses of a property are changed in a way that would make the
connection charge less than the amount already credited, no
refund shall be made, but the amount credited sha:1 remain a
credit to that property against any new facilities constructed in
the future.
13.08.310 Pre-existing sewage treatment faci]ity credit.
A. A parcel of property shall receive credit for sewage
treatment facility payment previously paid for the property if
the building(s) has been demolished or damaged for more than one
year.
B. If there is destruction of one or more buildings by
fire, act of God, or demolition, the destroyed buildings) may be
replaced in kind on the same parcel of property witi.in one year
of the date of the incident without paying a sewace treatment
facility payment. If replacement is made after one year, section
13.08.310 A. is effective.
13.08.320 Sewer service charges. For each calendar month
that a property is connected to a sewerage system of the City, a
monthly charge for the following shall be paid as set by
resolution of the City Council:
A. For permanent single or multi -family residerces;
B. For mobile home parks, trailer parks and R.V. parks for
each mobile home space, trailer space or R.V. space;
C. For schools;
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D. For properties except schools delivering more than one
hundred thousand gallons of sewage in a month;
E. For all other properties.
13.08.330 Special services. A. General Policy. A waste
for which discharge to a sewerage system of -:he City is
prohibited by other provisions of this chapter may nevertheless
be received into the sewerage system as a special service if the
City Manager ascertains that the only detriment to :he sewerage
system will be increased maintenance and operation costs.
B. Payment for Special Service Discharges. A person
desiring to discharge wastes to the sewer under the :provisions of
this section shall apply to the City Manager for permission. The
City Manager shall estimate the added financial burden due to the
proposed discharge, and shall propose terms undef which the
discharge will be accepted, including payments to be made to the
City. The applicant shall make the proposed discharl-e only upon
receipt of written permission of the City Manager, aid only under
the terms laid down. If the proposal is to make more than a
single discharge or a discharge continuing on more tan a single
day, or if the charges may exceed five hundred dollafs, the City
Manager shall submit the proposal, together with his
recommendations, to the City Council, and shall gran: permission
only on terms approved by the Council, except that Ze may grant
permission without Council approval in an emergen:y situation
involving the public interest.
C. Revocation or Alteration. The City Managef may revoke
permission for such discharges or alter the terms if it is found
that the discharge is permanently damaging the syste:n or causing
the sewage treatment plant effluent to violate the requirements
of the Regional Water Control Board, and he shall revoke the
permit if the discharger violates its terms. An alteration of
terms shall require the approval of the City Couicil if the
altered terms are such that they would require Council approval
as terms for a new operation.
13.08.340 Charges for part of month. A proper:y connected
to the sewer and supplied with water for ten days or more in any
calendar month shall be treated as though connected Eor the whole
month and shall be obligated for the sewer service charge for
that month.
13.08.350 Multiple occupancy buildings. If a building has
multiple occupants, the owner or proprietor shall be responsible
for payment of the sewer service charge for the entife building.
13.08.360 Billing. Every two months, on or before the
first of the month, the City shall mail to the owner of each
parcel of property or the occupant or the person wzo has made
himself responsible for payment of bills for water service to the
property or to any or all of them, the bills for sewer service
charge for the preceding two-month period. The owner of property
is responsible for all sewer service charges for serzice provided
for his/her property.
13.08.370 Delinquencies. If a bill is unpaid thirty days
after the due date on said bill, the City shall thereupon assess
a ten (10%) percent late penalty on the total amount outstanding
and an additional ten (10%) percent of the ovefdue balance
including previous penalties shall be charged thirt, days after
each due date until all outstanding charges have been paid in
full.
13.08.380 Property liens for delinquencies. A. Each year
the Treasurer of the City shall record with the County Tax
Collector a list of all delinquent charges and penal:ies thereon,
and shall include in each such list the amount of ea:h charge and
the penalty thereon plus an administrative fee es:ablished by
resolution of the City Council, a description of the real
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property upon which the same is a lien, and the name of the City.
All delinquent charges, penalties and administrative fees when so
recorded shall constitute a lien upon the real property served by
the sewerage system, except that no such lien shall be created
against any property owned by a public corporation.
B. The fees provided for in subsection A of .:his section
may hereafter be amended and shall constitute a civil debt due to
and owing the City. In addition to, but not in limi:ation of the
foregoing, the fees provided for in said ordinance a:zd resolution
shall constitute a lien assessed against the proper:y and shall
be collected in accordance with Section 5473, et al., of the
Health and Safety Code of the State.
13.08.390 Sewage works construction fund. The sums
received in payment for local sewering charges shall be used for
sewage plant maintenance and operation costs and capital
improvements if desired. The sums received for sewage treatment
facility charges shall be placed in a fund desig:zated sewage
works construction fund. It is intended that this fznd shall be
used for capital improvements for the sewage collecting and
disposal facilities. Money from this fund may be us:d to provide
an equitable degree of reimbursement to buildefs who have
constructed sewage works and have dedicated them to :he City.
SECTION 3: Sections 13.08.440, 13.08.480 and 13.08.660 are
added to read as follows:
13.08.440 Plan checking fee. A. An applicant for approval
of plans for construction of sewerage facilities shill pay the
City for the checking of plans and specifications. The basic fee
shall be caluclated on the basis of an estimate, made by the City
Manager, of the dollar value of the construction. I:1 making this
estimate, the City Manager shall use reasonable uni: costs and
estimating schedules, and no adjustment shall be made if the
actual construction cost differs from the value estimated by the
City Manager. The basic fee rate shall be set by resolution of
the City Council.
B. Promptly upon receipt of plans, the City Manager shall
determine the basic fee and shall notify the applicant, and no
action shall be taken on the plans until receipt of :he fee. An
applicant may, if he wishes, make a deposit in advance sufficient
to cover the fee. Any excess of such deposit above :he amount of
the fee will be returned to the applicant after approval of plans
or after discontinuance of the application. If t:ie applicant
makes substantial changes, other than corrections requested by
the City Manager, in plans that have been returned :)y the City
Manager, or if he makes more than one resubmittal of corrected
plans, additional payments shall be required. For each
resubmittal with substantial changes initiated by t: -e applicant
and requring extra work in plan checking, and for each
resubmittal after the first resubmittal, an additional fee equal
to one-half the basic fee shall be required.
13.08.480 Inspection. A. A contract for con;;truction of
sewers by a private party shall state that the City will appoint
an inspector to observe the work, and that he shall have
authority to reject materials and equipment not conforming to
plans and specifications, to stop the work if it is not
proceeding according to plans and specifications, :o determine
when the work is completed, and to exercise such other powers as
normally accompany these functions.
B. For the inspection services mentioned in subsection A of
this section, either within or outside the City, the builder
shall pay the City at a rate as set by resolution of the City
Council and based upon the cost of construction. If construction
is done by a contractor under a separate contract covering the
supplying of materials and services for a complete job for the
specific work inspected by the City Manager, :he cost of
construction shall be the amount paid to the contrac-:or under the
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terms of said contract. Otherwise, the cost of construction
shall be considered to be the estimated sum that wou:_d be paid to
a contractor for construction under such a contract.
13.08.660 Setting fees by resolution and amendment of
chapter by ordinance. A. The City Council shall at least
annually review the fees to be charged by the City as required in
this chapter and shall by resolution set the fees and/or fee
rates to be charged as required by this chapter for the period
until a new fee resolution is adopted.
B. The City Council may amend this chapter by ordinance of
the City Council in the manner governing the adoption of
ordinances.
SECTION 4: The City Council shall within sixty (60) days of
the effective date of this ordinance adopt a resolu:ion setting
forth fees to be charged hereunder. Until such time the fees in
effect at the date of the adoption of this ordinance shall remain
in effect.
SECTION 5: This ordinance shall become effective in the
manner and on the date as set by law.
PASSED AND ADOPTED on this 9th day of November
1987, upon the following roll call vote.
AYES:
NOES:
Council Member Bauer, Connors, Waller and Kayor
Partain.
None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
ATTEST:
APPROVED AS TO ORM:
ITY A ORNEY
MA 1 OF THE CITY OF BEAUMONT
CERTIFICATION
I, Robert J. Bounds, City Clerk of the City of
Beaumont, DO HEREBY CERTIFY that the foregoing Ordinance was
introduced at a regular meeting of the City Council of said City
held on October 26 , 1987, and was duly adopted upon second
reading on November 9 , 1987, upon the following roll
call vote:
AYES: Council Member Bauer, Connors, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Shaw.
CITY CLERK,
TY OF BEAUMONT