HomeMy Public PortalAbout00040CHANGED BY ORDS. 42, 87 REPEALED BY ORDINANCE NO. 138 SECTION FOUR REPEALED BY ORD. NO. 421 REPEALED BY ORDINANCE NO. 2410 - 3/26/73
O R D I N A N C E NO. 40
AN ORDINANCE requiring connections of property to
sewers, establishing rates and service charges for permits for
sewer use; providing the method of payment for permits for sewer
use; providing the method of enforcement and providing penalties
for violations hereof.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. All structures now or hereafter erected
upon any real property within the District shall be connected to a
sanitary sewer if such sewer is available, as defined in Ordinance
No. 27, for connection thereto.
Section Two. Effective January 1, 1956, a service
charge for sewer use shall be paid by the person holding a permit
for water service, or who is liable for water service, as the case
may be, on each parcel of real property having a connection, or
having available a connection, either directly or indirectly to
any public sewer within the District. Such charge shall be levied
and collected in accordance with the schedule hereinafter set out,
and in the manner hereinafter provided.
Section Three. For convenience in collecting the rates
and charges hereinafter fixed for sewer service, the Executive
Director shall divide the District into as many billing
subdistricts as he may deem necessary. The boundaries of
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subdistricts may be changed at the discretion of the Executive
Director.
Section Four. Annual rates for the use of sewers to be
calculated upon the basis of water use capacity are hereby
established as follows:
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Size of Meter Rate
5/8" $ 6.00
3/4" (Single family residence) 6.00 3/4" (Other than single family residence) 12.00 1" 24.00 1-1/2" 60.00 2" 150.00 3" 270.00 4" 540.00 6" 1,200.00 8" 1,800.00 10" 2,700.00 12" 3,600.00 Minimum bill customers 6.00 Flat rate customers 6.00
Bills for sewer use permits shall be subject to a
prompt payment discount of 15% of the gross bill if paid on or
before fifteen days after the date on which such bills are mailed.
If not paid on or before such date, no discount shall be allowed.
Provided, that where water is used for irrigation the
rate to be applied shall not be computed by the size of the meter
but shall be computed on each house connection in the same manner
as it is computed for flat rate customers.
Section Five. Premises may be reinspected for the
correction of bills by the District on its own motion or at the
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request of any person holding a sewer use permit on the ground
that such charge is improperly computed. Upon receipt of such
request the Executive Director shall have the premises inspected,
and the size of the water meter, if any, determined. On the basis
of such examination, the permittee shall be informed as to the
accuracy of the original billing, and shall be reassessed if such
bill is found to be inaccurate. When the reassessment shows that
the original bill was too low, the permittee shall pay the
deficiency. When the reassessment shows that an overcharge has
been made, the Executive Director shall notify the Secretary--
Treasurer of the amount of such overcharge, and he shall refund
such sum to the permittee.
Section Six. Bills for sewer use charges shall be made
out by the District, and when paid to the District shall be and
become permits for the use of sewers for the periods of time
therein stated. All permits shall be for periods of six months
each, except where applications are made for the use of sewers on
premises newly built or reconstructed, or where the applications
for the use of sewers are made because of a change of owners,
tenants or occupants, or because of the occupancy of premises
previously vacant, or for any use of sewers necessitating an
application on any date other than the one fixed for payment of
bills in the subdistrict where the property lies. Short term
permits shall be issued so as to terminate on the same date as
full term permits. All bills issued during the months of January,
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February, March, April, May and June shall, upon payment, become
permits for the six months from January to June, inclusive. All
bills issued in July, August, September, October, November and
December shall, upon payment, become permits for the six months
from July to December, inclusive. All property within the
District for which no sewer connection is now available, shall
become liable for sewer service charges from the date on which
sewers become available for connection.
Section Seven. The Executive Director shall establish
collection offices at convenient locations throughout the
District, and may change the location of such collection offices
from time to time. He is hereby authorized to enter into
contracts with the owners or operators of business establishments
to provide collection service of sewer service charges at such
locations as are selected by him and may provide in such contracts
for the payment by the District to the collecting agency for
rendering such collection services a fee, in no event to exceed
three cents per bill for each bill collected and remitted to the
District. Such contracts shall provide that the collection agency
shall, at intervals in no case longer than one week, remit all
collections to the District.
Section Eight. All bills for sewer service charges
shall become delinquent if not paid within thirty days after
mailing. Any person who pays his bill within fifteen days after
the date on which the bill is mailed shall be entitled to a
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discount of fifteen per cent of the gross amount of his bill. No
discount shall be allowed on any bill paid fifteen or more days
after the date on which the bill was mailed.
Section Nine. All bills for sewer use remaining unpaid
sixty days after the delinquent date may be enforced by
appropriate action in any magistrate's court having jurisdiction
of the debtor.
Section Ten. Any person who allows his bill for sewer
use permit to become delinquent and any person who wilfully
refuses to pay his bill for a sewer use permit, may, upon finding
by the Executive Director of such delinquency or refusal, be
required, as a condition precedent to his application for a new
sewer use permit, to deposit and to keep on deposit with the
District a sum equal to his annual sewer service charge for such
sewer use.
Section Eleven. Any person who vacates premises upon
which he has allowed his sewer use permit to become delinquent,
and thereafter applies for a sewer use permit on other premises,
shall be required to pay the delinquent bill and to deposit with
the District a sum equal to his annual sewer service charge on
such other premises.
Section Twelve. Any holder of a sewer use permit, who
vacates the premises for which such permit was issued, before the
expiration of the period covered, and who complies with the
ordinances, rules or regulations of the municipality or
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corporation supplying him with water and becomes entitled to a
refund on his water bill or for the unexpired period of his water
permit, shall be entitled to a refund for the unexpired period of
his sewer permit. Upon certification by the water supplying
agency that the permittee is entitled to such refund, it shall be
the duty of the Secretary-Treasurer to refund the unearned part of
the fee for such permit. No refund shall be made unless claim
therefor is made within six months after the right to such refund
accrued.
Section Thirteen. The owner of each parcel of real
estate having a connection, or having available a connection,
either directly or indirectly to any public sewer within the
District shall be liable for the sewer service rendered to such
real property, regardless of whether the water and sewer permits
are issued in his name or in the name of a tenant or other person.
Whenever a sewer service charge has been delinquent for
more than sixty days the Executive Director may cause a notice of
lien for non-payment thereof to be filed in the Office of the
Recorder of Deeds within and for the City of St. Louis or St.
Louis County, as the case may be. Such notice of lien shall state
the amount of the delinquent sewer service charge, and shall
properly describe the property against which such lien is
asserted. Upon the filing of such notice, such sewer service
charge shall be and become a lien upon the real property served to
the amount of such delinquent bill, and shall have priority over
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all other liens except taxes, deeds of trust then of record, and
prior judgments.
Section Fourteen. Any person violating any of the
provisions of this Ordinance shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a fine of not
less than $50.00 nor more than $500.00, and each day's violation
shall constitute a separate offense. The imposition of such
penalty shall in no wise restrict or deprive the District of its
right to pursue any other remedy it may have for the collection of
any delinquent bill for sewer service charges.
Section Fifteen. Whenever a notice of lien has been
filed by the District, as provided in Section Thirteen of this
Ordinance, the owner of the property against which such lien is
asserted may secure the release thereof upon payment of the amount
of the delinquent bill, plus interest at the rate of 6% per annum
from the date such bill became delinquent, and plus the fees of
the Recorder for filing the notice of lien and releasing the same.
Section Sixteen. The Board of Trustees hereby declares
that if any section, part, sentence or clause of this Ordinance is
held invalid, such invalidity shall not affect the remainder of
this Ordinance, the Board of Trustees hereby declaring that it
would have enacted the remainder of this Ordinance without regard
to that part hereof that may be held invalid.
Section Seventeen. This being a revenue measure and
being necessary for the preservation of the public health,
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constitutes an emergency within the meaning of the Plan, and this
Ordinance shall take effect immediately upon its adoption.
The foregoing Ordinance was adopted November 28, 1955.