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HomeMy WebLinkAboutOrdinance 181 i ORDINANCE NO. 181 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO REPEALING THE ATASCADERO COUNTY SANITATION DISTRICT ORDINANCE CODE= ESTABLISHING THE WASTEWATER DIVISION OF THE PUBLIC WORKS DEPARTMENT, AND SETTING RULES AND REGULATIONS THERETO The City Council of the City of Atascadero does ordain as follows : SECTION 1 . The Atascadero County Sanitation District Ordinance Code, Section 1 , Articles 1 through 13, is hereby repealed in its entirety . SECTION 2_ Title 7 is hereby added to the Atascadero Municipal Code, relating to the establishment of the Wastewater Division of the Public Works Department , to read as follows : CHAPTER 1 . GENERAL PROVISIONS 7-1 .001 Establishment: There is hereby established a Wastewater Division of the Public Works Department , and rules and regulations concerning the Atascadero Wastewater disposal facilities . These regulations are established and adopted to protect and promote the public health, safety and welfare, pursuant to authority of California Health and Safety Code Section 5470 through 5474 . 10. 7-1 .002 Application: The provisions of this Ordinance shall apply to any person, or persons, including corporations , and others connected to the Atascadero Wastewater disposal facilities . 7-1 .003 Liability for Violations : Any person violating any provision of this Ordinance shall be liable to the City for all damages to City property resulting therefrom. A violation of any provision of this Ordinance is a misdemeanor . Penalties for violation of this ordinance shall be as set forth in Chapter 3 of Title 1 of this Code. CHAPTER 2 . DEFINITIONS 7-2 .001 Apartment : A residence, as herein defined, which is part of or located in a multiple family dwelling as herein defined. 7-2 .002 Bath : A room containing one or more water closets , bathtubs , shower stalls , and wash basins which are intended and suitable for human use and are connected to the sewer system. 7-2 .003 Building: Any structure used for human habitation or a place of business , recreation, or other activity and containing sanitary facilities . 7-2 .004 Building Sewer: That portion of any sewer beginning two (2) feet from any building and extending to and including its connection to a public sewer . 7-2 .005 Cleanout : A branch fitting installed in a sewer or other pipe for the purpose of providing access for cleaning. 7-2 .006 Commercial Establishment : A building or portion thereof used for, or intended for use for, commerical , business or governmental purposes , including but not limited to stores , markets , theatres , business offices , government offices and other places of business , but not including eating establishments , laundromats, or other business establishments previously defined herein. 7-2 .007 Condominium Units A residence occupied or suitable for occupancy in whole or in part as a home or living quarters either permanently or temporarily by a single-family, their guests and servants , but not including an apartment or other unit of multiple-family dwelling as defined herein . 7-2 .008 Eating Establishment : A building or portion thereof, upon the premises of which are provided facilities for dining, eating and/or beverage consumption by the public , and which is held out by the owner or operator thereof as a place where food and/or beverages may be purchased for consumption upon the premises, including establishments designated as restaurants , cafes , drive-ins , coffee shops , ice cream parlors , bars , and bowling alleys , and other such establishments where food or drink are served. 7-2.009 Fixture: Any sink, tub, shower, toilet , or other facility connected by drain to the sewer. 7-2 .010 Garbage: Solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of agricultural products . 7-2 .011 Garbage Grinder: A unit designed and used to grind or otherwise treat garbage so that it can be disposed of through the sewer system. 7-2 .012 Hoteli A building or group of buildings containing six or more sleeping rooms or suites of rooms designed as , and occupied or suitable for occupation as , a temporary abiding or sleeping place for persons who, for compensation, are lodged with or without meals , including buildings designed as hotels and boarding, lodging or rooming houses , but not including those defined herein a multiple family dwellings , motels, trailer courts , or dormitories , sanitariums , hospitals , asylums , orphanages , or buildings where persons are housed under restraint . 7-2 .013 Hotel Room: A room or suite of rooms in a hotel as herein defined, designed as , and occupied or suitable for occupation as one p sleeping or living unit . 7-2 .014 House Trailer or Mobile Home: A transportable structure designed, built and equipped as , and occupied or suitable for occupation as , a home or living quarters , either permanently or temporarily, by a single family and their guests and servants . 7-2 .015 Kitchen: A room, all or any part of which is designed, built or equipped as , and is used or is intended to be used for the cooking and/or other preparation of food for human consumption . 7-2.016 Lateral Sewer: That portion of a sewer lying within a public right of way or easement , which connects , or is intended to connect , a building sewer to a main sewer . 7-2 .017 Laundromat : A building or portion thereof designed, equipped, and used or intended for use as a self- service laundry, where there is no pickup or delivery service and no steam or hand laundry of any type. 7-2 .018 Lot : Any piece or parcel of land, bounded, defined, or shown upon a plot or deed recorded in the office of the County Recorder of San Luis Obispo County; provided, however, that in the event any structure is located upon more than one parcel of land all under one ownership and as herein defined; the term "lot" shall - include all such parcels of land. 7-2 .019 Main Sewer Those sewers , excluding lateral sewers , whose main purpose is to accept waste water from laterals and convey it to the waste water treatment plant. 7-2 .020 Manaaer: Manager of the Wastewater Division of the Public Works Department . 7-2 .021 Manhole: A structure for the purpose of providing access of a man to a buried sewer. 7-2.022 Motel : A building or group of buildings containing two or more rooms or suites of rooms, and designed, intended, or used primarily for the accommodatin of transient automobile travelers ; including establishments 3 designated as motels , auto courts , tourist cabins , motor lodges , motor courts , and by similar designations . 7-2 .023 Motel Unit : A room or suite of rooms in a motel as herein defined, designed as , and occupied or suitable for occupation as , one sleeping or living unit . 7-2 . .024 Multiple Family Dwelling: A building or group of buildings designed as , and occupied or suitable for occupation as , a home or living quarters , either permanently or temporarily, by more than a single family, including buildings designated as apartment houses , apartment buildings , duplexes, triplexes and condominiums, but not including motels , hotels , dormitories , or trailer courts as herein defined. 7-2 .025 "pH" : The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. 7-2 .026 Permit : Any written authorization required pursuant to this Ordinance Code. 7-2 .027 Person: Any human being, individual , firm, company partnership association, corporation, government or agency . 7-2 .028 Public Sewer: That portion of a sewer lying within a public right of way or easement , and maintained by, and subject to the jurisdiction of, the Wastewater Division of the Public Works Department . 7-2 .029 Residence: A building or portion thereof, or a group of buildings , designed as and occupied or suitable for occupation in whole or in part as a home or living quarters, either permanently or temporarily, by a single family and their guests and servants , including a house and an apartment or other unit of multiple family dwelling as herein defined. 7-2 .030 School : An institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California, including pre- school or nursery, elementary, Junior and Senior High and parochial and private schools and junior colleges, colleges , and universities . 7-2 .031 Seweri A pipe or conduit for carrying waste water . 7-2.032 Sewer Connection Charge: The charge levied by the City of Atascadero for connection to the main-line sewer. (a) Sewer Connection Fee: Fee assessed to assure upgrade of sewer system. 'f4 (b) Sewer Annexation or Extension Fee: Fee assessed to assure expansion of sewer system and wastewater treatment plant . 7-2 .033 Sewer Tap Charge: A charge by the City of Atascadero for the actual physical connection from a building sewer to the main-line sewer . 7-2 .034 "Shall" and "May" : Shall is mandatory; may is permissive. 7-2 .035 Trailer Court : An area containing two or more trailer spaces as herein defined, including areas designed as trailer courts , trailer camps , and by similar designations . 7-2 .036 Trailer Space: An area which is laid out and provided with facilities including a sewer connection for, and is occupied or is suitable for occupation by, a house trailer as herein defined. 7-2.037 Waste Water: Any water-carried wastes from residences , business buildings , public buildings , institutions, and industrial facilities . 7-2 .038 Waste Water Treatment Plant : The arrangement of devices and structures used for treating waste water generated within the City . CHAPTER 3. SEWER CONNECTION REQUIRED: SEPTIC TANK ABANDONMENT 7-3.001 For the purposes of this Chapter a public sewer shall be deemed to be available to a building if said sewer is installed in a public right-of-way or easement adjacent to the lot upon which said building is located. 7-3.002 The City Council hereby finds and declares the maintenance or use of cesspools and other local means of sewage disposal within . the City to constitute a public nuisance, and finds it to be in the public interest that property to which a public sewer is available be required to connect thereto. 7-3.003 When -a public sewer becomes available to a building served by a private sewage disposal system, said building shall be connected to the public sewer within twenty-four (24) months after said public sewer is available and said private disposal system shall be abandoned in the manner _prescribed by the City Building Department in accordance with the currently adopted edition of the Uniform Plumbing Code unless a variance is granted by the City of Atascadero. S' 7-3.004 Any newly-constructed building to which a public sewer is available shall be connected to said public sewer prior to its use for human occupancy, unless a variance is granted by the City Council . 7-3.005 Variances referred to in Sections 7-3. 003 and 7- 3 .004 may be granted upon written application to the City Council by the applicant setting forth the basis for such request . Variances may be granted only upon affirmative showing that no health hazard, public nuisance, or inequity to other property owners will result therefrom. CHAPTER 4 . PERMITS AND CONNECTION FEES 7-4 .001 It shall be unlawful for any person other than the City to make any connection with any public or building sewer, or to construct or alter any public or building sewer, within the City without first obtaining a permit from the City for such work. 7-4 .002 Any person desiring a permit for work involving sewers shall make application in writing to the City giving such information as it may require, on blanks to be furnished for that purpose. If it appears therefrom that the work to be performed thereunder is to be done according to the regulations contained in this Ordinance and otherwise provided by law governing the construction of such work, a permit shall be issued upon payment of the required fees . 7-4.003 Nothing contained in this Chapter shall be deemed to require the application for, or the issuance of, a permit for the purpose of removing stoppages or repairing leaks in a building sewer, except when it is necessary to replace any part of such sewer . 7-4 .004 The following fees shall be charged for sewer permits : (a) When the work to be performed involves the connection of a building sewer to the public sewer, the permit processing charge shall be five dollars . (b) When any portion of the work to be performed is within the public right-of-way or public sewer easement , an encroachment permit shall be obtained from the Public Works Department of the City of Atascadero. The applicant shall pay such fees as shall be set by the Council of the City of Atascadero. (c) The applicant shall pay the following sewer connection fees according to the category of building sewer: (1) Five hundred seventy-three (573) dollars per unit for single-family residences ; (2) Five hundred thirty-three (533) dollars per unit for multifamily residences ; (3) For hundred fifty-one (451) dollars per unit for mobilehomes ; (4) Twenty dollars and fifty cents ($20.50) per fixture unit for commercial , industrial and other nonresidential units . 7-4 .005 Permit fees shall be credited to the general operating account for the Wastewater Division of the Public Works Department . 7-4 .006 For each connection of a building sewer to a public sewer a "sewer tap charge" shall be collected by the City before the permit for the construction is issued. 7-4 .007 A "sewer tap charge" in the amount of two hundred and fifty (250) dollars shall be charged and deposited to the general operating account for each physical connection to the public sewer except that : (a) No charge shall be made when the owner of the lot has already paid for lateral sewer installation by assessment or otherwise: (b) No charge shall be made when a wye or tee fitting has already been installed at the public sewer at the property owner's expense, and the lateral sewer is to be installed from said fitting. 7-4 .008 Any parcel which was assessed during an Improvement District Assessment proceeding for a collection system, but on which the assessment was not paid because the parcel was deeded to the State for nonpayment of taxes , shall incur an additional sewer connection fee equal to the particular assessment involved for that parcel , at the rate established pursuant to this ordinance . 7-4 .009 In addition to such fees as shall be assessed for sewer connection and sewer taps, applications for sewer service shall be assessed a sewer annexation fee, subJect to the exceptions and applictions of Section 7-4 .010, as follows : (a) One thousand two hundred ten (1 ,210) dollars for a single family lot (b) One thousand one hundred twenty-three (1 ,123) dollars per living unit for a multifamily lot ; 7 +� s (c) Nine hundred fifty (950) dollars per mobilehome unit for a mobilehome park; (d) Forty-three dollars and twenty cents ($43.20) per plumbing fixture as defined in the currently adopted edition of the Uniform Plumbing Code, for commercial , industrial , nonresidential lots . 7-4 .010 Exception to and application of annexation fees will be as follows : (a) A vacant lot presently inside Maintenance District Number 1 where sewer is available will be exempt from payment of an annexation fee. (b) Where a lot inside Maintenance District Number 1 is subject to a lot-split , and the annexation fee has not been previously paid, the applicant shall pay an annexation fee for all but one lot in addition to such other fees as shall be required according to the City of Atascadero. (c) Area designated Cease and Desist and adjacent areas covered by a Health Officer' s Letter will be exempt from new charges and increase in annexation fees , but will pay the fees in effect prior to passage of this ordinance-eight hundred fifty (850) dollars 7-4 .011 It is the intent of the City to equalize the cost of sewer service throughout the area of the City by the application of these regulations , and, notwithstanding any provisions of the foregoing sections , the City may in any instance increase or decrease the connection fee to be charged for any extraordinary service to achieve such objective. 7-4 .012 Connection fees and Annexation fees shall be deposited in the City' s Sewer Facilities Fund (Chapter 10) , and shall be used to pay the cost of system upgrade and expansion . 7-4 .013 Intent of Chapter: It is the intent of the foregoing sections that in each instance in which connection to a public sewer is desired the property owner makes his own arrangements with an approved private contractor to perform the work, and shall submit satisfactory evidence to the City that this has been done prior to issuance of a permit pursuant to Section 7-4 .001 of this Code. B 7-4 .014 Fees assessed pursuant to this Chapter IV for annexations and permits shall be payable at the time of the application for annexation and permit , and fees for the sewer connection and tap charge shall be payable upon actual connection of the building sewer to the public sewer system. 7-4 .015 In the event of a re-zone of a lot or change of use, applicant for a building sewer shall pay such fees as shall be required pursuant to this Chapter IV, including sewer connection, annexation, tap charge, and permit fee, except that such annexation fee may be waived if previously paid and the applicant has connected to the sewer within a timely manner pursuant to this Ordinance. CHAPTER 5 . PUBLIC SEWER EXTENSIONS 7-5 .001 Extensions of the public sewer system of the Wastewater Collection Facilities shall be made as follows : (a) Any person desiring an extension of the public sewer system shall make a request in writing to the City for a preliminary investigation of the feasibility of said extension . If said sewer extension is feasible, the City shall prepare a preliminary estimate of the cost of said extension, including any repair to a roadway necessitated by said sewer extension . (b) Requestor shall submit improvement plans of the proposed extension, prepared by a Registered Civil Engineer in the State of California, for approval by the City Engineer . (c) The person requesting said extension shall execute and file a written Sewer Extension Performance Agreement , the terms of which shall be subject to approval by the City Council , whereby said person agrees to complete all required improvements at his expense and to the satisfaction of the City Engineer, within the time period specified within the agreement . Said person further agrees to provide the City Engineer with a detailed cost break-down of his actual expenditures for any improvements authorized in the agreement . The agreement shall also provide for inspection by the City Engineer, or his designated representative, of all improvements , and reimbursement of the City by the requestor, for the costs of the inspection. The City will invoice the requestor for such inspection costs and any amount unpaid thirty (30) days from the date of the City' s invoice shall bear interest at ten (10%) percent 9 per annum beginning within thirty (30) days after the date of the invoice. The Sewer Extension Performance Agreement may also provide: (1) for the construction of the improvements and units ; and (2) for an extension of the time under conditions that are unspecified. No extension of time shall be granted except upon certification by the City Engineer that such extension is justified, and upon approval of the Board of Directors . In addition to the requirements of this Section 7-5 .001 (c) said person shall provide the City with a bond or other suitable security as deemed appropriate by the City Attorney not to exceed fifty (50%) percent of the cost of improvements . The City Council may waive such requirements for a bond at its option . (d) No hookup to the public sewer will be permitted until all improvement work has been completed to the satisfaction of the City Engineer and all charges have been paid by the requestor in accordance with the provisions of this Ordinance. 7-5.002 The City may approve a refund agreement with persons who have paid for public sewer extensions . Said agreements shall provide for reimbursement of the excess cost borne by said persons , at such time within fifteen (15) years as money is paid to the City for service from said sewer extension . The City shall require the applicant to file and have approved by the City Engineer a reimbursement map showing the method and amount of cost ' spread to each future connection to the sewer extension . 7-5.003 No sewer service shall be provided to any lot by lateral sewer connection to a sewer extension until the owner of said lot has paid a proportionalshare of the cost of said sewer extension, or has entered into an agreement. with the city to pay said share of the costs . CHAPTER 6. INSPECTION 7-6.001 Inspection of Work: All work done under the provisions of this Ordinance shall be subject to inspection by the City . Notice must be given in writing to the City by the person, firm or corporation doing said work, or causing same to be done, immediately after said work is ready for inspection. Up to the time of the inspection all work shall remain uncovered and convenient for the inspector' s examination . If any pipes are enclosed or covered in any way whatsoever, so as to tend to obstruct a thorough inspection of the drainage system, said obstruction must be removed upon notice to do so from the City, before an inspector shall be required to inspect the /D work. When , upon examination by the inspector, it appears that any such work is defective, either in its construction or material , the same shall be made to conform to the requirements set forth in this Ordinance, in default whereof the permit therefor shall be revoked by the City and subject work shall be discontinued immediately. 7-6.002 Certificate of Inspection: When it appears to the satisfaction of the City that any work authorized by these regulations has been constructed according to, and meets the requirements of, all provisions of this Ordinance and other applicable laws , and that all the fees for the doing and inspection thereof have been paid, the City shall cause to be issued to the person, firm or corporation constructing such work a certificate of final inspection, which certificate shall recite that such work as has been done pursuant to the permit hs been constructed according to the Ordinance provisions of said City, that said work is in sanitary condition. The City shall not issue such certificate of inspection unless the requirements of this Ordinance have been met . CHAPTER 7. BUILDING SEWERS 7-7.001 Every building in which plumbing fixtures are installed or located shall be separately and independently connected with public sewer, except that , on a case by case basis the City Engineer may approve the connection of more than one building to the public sewer by a common building sewer, if City Engineer determines that requiring a separate and independent connection would cause or aggravate a hardship, and that such approval is consistent with good engineering practice and will impose no burden or hardship on the City . 7-7.002 The requirements for building sewers as set forth in the latest adopted versions of the Uniform Plumbing Code shall apply in the City and are incorporated herein by reference. However, where the regulations of this Ordinance are more restrictive than said Plumbing Code, this Code shall apply . 7-7.003 No building sewer shall be constructed with pipe of internal diameter less than four (4) inches . 7-7.004 Building sewers shall be placed on a uniform slope of not less than one-fourth (1I4) of an inch per foot, except that when it is not practical to obtain this slope, then a slope of not less than one-eighth (1/8) of an inch per foot may be used when approved by the City . 7-7.005 A clean-out shall be placed in every building sewer within five (5) feet of each building, at all changes in alignment or grade in excess of twenty-two and one-half (22-1/2) degrees , within five (5) feet of the junction with the public sewer or at the right-of-way line, as directed by the City Engineer, and at intervals not to exceed one hundred (100) feet in straight runs . The clean-out shall be made by inserting a "Y" fitting in the line and fitting the clean-out in the "Y" branch in an approved manner. However in the case of the clean-out near the junction of the public sewer, the "Y" branch shall be extended to a depth of not more than two (2) feet , nor less than one (1) foot below the surface of the ground before the clean-out is installed. 7-7.006 No portion of a building sewer, or its connection to the public sewer, shall be covered or concealed in any manner until it has been inspected and approved by the City . 7-7.007 All piping and all joints in each building sewer are to be watertight and shall be tested by filling the building sewer with water, in its entirety or in sections, in such a manner that no part is tested with less than a three (3) foot head of water. TV-monitoring may also be required, as directed, if the alignment is questionable. 7-7.008 Drainage piping serving fixtures located at an elevation of less than one foot above the nearest upstream manhole cover in the main sewer serving said fixtures shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved type back water valve, and each such back water valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located less than one foot above the nearest upstream manhole cover . 7-7.009 Installation, maintenance, and replacement of the building sewer shall be the responsibility of the connecting property owner . 7-7.010 Materials shall be as per the current edition of the Uniform Plubing Code on private lots , and as per current City Standards within the public right-of-way. CHAPTER 8. MAINLINE EXTENSIONS 7-8.001 Service to Areas Outside Existing System: (a) When a mainline extension outside of the established public sewer system is requested, the applicant shall have an estimate of the cost of extending sewer lines and providing sewer services to the lots included in the request prepared by a civil engineer registered in the State of California . These estimates shall not include the cost of building sewers . This estimate and the pro- portional share to be borne by each lot shall be furnished to the owners of the property affected by this request . (b) Applicant shall submit improvement plans of the proposed extension, prepared by a civil enigneer registered in the State of California, for approval by the City Engineer (c) The applicants of the sewer extension shall execute and file an agreement with the City as provided in Section 7-5 . 001 (c) of this Ordinance. (d) No hookup to the public sewer shall be permitted until all improvement work has been completed to the satisfaction of the City Engineer and all charges have been paid by the applicant in accordance with the provisions of this Ordinance. Inspection costs shall be paid by applicant as set forth in Section 7-5 .001 of this Ordinance. (e) The City may approve a refund agreement with persons who have paid more than `their pro- portional cost of the sewer service extension . The agreement shall provide for reimbursement of the excess cost borne by said persons at such time within fifteen (15) years as money is paid to the City for service from said sewer extension. The City shall require the applicant to file and have approved by the City Engineer a reimbursement map showing the method and amount of cost spread to each future connector to the sewer extension. (f) No sewer service shall be provided to any lot by lateral connection to said sewer servic extension until the owner of said lot has paid a proportional share of the cost of the service extension as well as the appropriate sewer connection fees as outlined in Section 7-8.002 of this Ordinance. 7-8.002 Sewer Extension Fees • For sewer service to any lot where sewer service has been extended beyond the , boundaries of the existing maintenance districts, or within the same, the fees shown in Section 7-4 . 004 and 704 .009 shall be charged. Where a Wye or Tee fitting has not been installed in said sewer extension, applicant shall pay a sewer tap charge of two hundred and fifty (250 .00) dollars in addition to other fees that apply. It is the intent of this Chapter that the referenced fees of this section approximate the cost of expanding the present sewer system and wastewater treatment plant to accommodate those additional connections brought into the sewer system by the extension of the service area . 7-8.003 The annexation fees shall be paid before a permit is issued for a sewer connection pursuant to this Chapter in that amount as set forth in Chapter IV. For the purposes of this chapter, lot splits or changes in use of lots shall be considered an annexation for the payment of the annexation fee. CHAPTER 9. PROHIBITED DISCHARGES 7-9.001 No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, swimming pool , sub-surface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewers . 7-9.002 No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers : (a) Any gasoline, benzene, naphtha, fuel oil , or other flammable or explosive liquid, solid, or gas . (b) Any waters or wastes containing toxic or poisonous solids , liquids, or gases in sufficient quantity, either singularly or by interaction with other wastes , to injure or interfere with any waste water treatment process or constitute a hazard to humans or animals , or create any hazard in the receiving waters of the wastewater treatment plant . (c) Any waters or wastes having a pH lower than 5 .5 , or having any other corrosive property capable of causing damage or hazard to structures, equip- ment , and personnel of the wastewater treatment and collection system. (d) Solid or viscious substances in quantities or of such size capable of causing obstruction to the flow in sewers , or other interference with the proper operation of the wastewater treatment- collection works such as , but not limited to, /49 ashes , cinders , sand, mud, straw, shavings, metal , glass , rags , feathers , tar, plastics , wood, underground garbage, paper materials such as newspapers , dishes , cups , milk containers , and meat processing plant wastes such as animal skins , intestines , fleshings, and paunch materials retained on a screen having eight (8) meshes per inch each way . (e) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit . (f) Any water or wastes which may contain more than one hundred (100) parts per million, by weight , of fat , oil , grease, or wax. (g) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the waste water treatment plant . (h) Any noxious or malodorous gas or substance capable of creating a public nuisance. 7-9.003 Grease, Oil and Sand Interceptors : Grease, oil and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes , sand, or other harmful ingredients ; except that such interceptors shall not be required for the private living quarters of dwelling units . All interceptors shall be of a type and capacity approved by the City and shall be located so as to be readily and easily accessible for cleaning and inspection . 7-9.004 Construction : Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight , and equipped with easily removable covers which, when bolted in place, shall be gas-tight and water-tight 7-9.005 Maintenance Where installed, all grease, oil and said interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times . CAHPTER 10. SEWER FACILITIES ACCOUNT 7-10.001 A Sewer Facilities Account is established to consist of revenue obtained from connection fees , sewer extension fees , and designated revenues from the monthly sewer charges . is- 7-10.002 The Sewer Facilities Account shall be primarily to finance expansion and replacement of the wastewater treatment facilities , and the replacement or enlargement of trunk sewer lines or other sewer lines or capital improvement items , including equipment . 7-10.003 When moneys are available from the Account , the City Council may utilize these monies to construct public sewers in streest or easements to extend service to previously unsevered areas when the cost of such sewer construction are to be reimbursed by the owners of the properties requesting such extensions . Before monies from said account are so used, the City Council shall enter into an agreement with the owner or owners of the properties to be served. CHAPTER 11 . SEWER SERVICE CHARGES 7-11 .001 There is hereby levied and imposed upon any occupied premises within the City, having any sewer connection with the sewerage system of the City, or otherwise discharging wastewater which ultimately passes through the City' s sewerage system or to which a public sewer is available according to article 7-3. 001 of this Ordinance, and upon the owner or occupant thereof, a monthly service or standby charge as provided by Resolution of the City. 7-11 .002 Unclassified Uses : For premises having a sewer connection but for which a specific classification for sewer service has not been set forth in the Resolution referenced in Section 7-11 . 001 , the City shall charge such a rate as in its sole discretion it deems most applicable for the type of use being made of the premises in relation to the uses made of classified premises and the rate fixed for said classified premises . 7-11 .003 Whenever required, sewer service charge ' rate computation information shall be furnished to the City, on forms furnished by the City, upon written request therefor . 7-11 .004 In the event of failure to furnish rate computation information when requested and within the time allowed, the City may compute the rate based on such information as it finds reasonably available and such computation shall be conclusive and final . 7-11 .005 Truck disposal of sanitary wastes may be accepted by the City at the treatment plant during normal daytime working hours , or at such other times as the City may elect for a service charge to be specified in the rate Resolution 14 • 0 7-11 .006 The City may elect to have such sewer service charges collected by any manner authorized in the applicable sections of the Health and Safety Code of the State of California, in which event such charges shall be delinquent on the date indicated in the bills rendered therefor, after which date a delinquent penalty of ten (10) percent per annum of the amount of unpaid charges shall be due and payable with the delinquent charges upon which they are imposed. 7-11 .007 The City elects to have current and delinquent sewer service charges collected on the County tax roll in the same manner as its general taxes , as an alternative to other methods of collection prescribed herein, pursuant to Health and Safety Code Sections 5473 through 5473a . 7-11 .008 Collection by Suit : As an alternative to any other procedures provided for herein, the City may collect any delinquent sewer service charges and penalties thereon by suit , in which event judgment therefor shall include the cost of suit and reasonable attorney' s fees arising from such action . 7-11 .009 The revenues derived from the rate set forth in Chapter 11 of this Ordinance shall be allocated to specific categories in such amounts and percentages as follows : (a) The annual sum of seventy-six thousand (76, 000) dollars shall be allocated to debt service on existing bonded indebtedness of the City. (b) Seventy-three (73%) percent of the remaining revenues derived from sewer service rates after (a) is subtracted shall be allocated to operation and the maintenance fund of the Wastewater Division. (c) Twenty-seven (27%) percent of the remaining revenues derived from the sewer service rates after (a) is subtracted shall be allocated to the Sewer Facilities Account . CHAPTER 12 . POLICY STATEMENTS The following Policy Statements are hereby adopted by the City of Atascadero <to be a part of this Ordinance. 7-12 .001 All sewer main extensions are to be funded by those requesting annexation. /j" 7-12 .002 Annexations must be contiguous to the existing Maintenance Districts , however, for a problem sewer area, the City Council may annex public areas to provide continuity. 7-12 ,003 In consideration of the annexation requests , the City Engineer may be required to furnish an engineer' s evaluation of adequacy of existing sewer mains affected by the service extension . This would include an evaluation of the down-stream line capacities as well as any possible upgrading of existing lift stations . 7-12 .004 On-going service to the annexed areas shall not require substantially higher costs than other areas presently served. Typical of this consideration would be a need for an additional sewer lift station. 7-12 .005 Annexations will be processed as outlined in Chapter 8 of this Ordinance. 7-12 .006 Annexation fees , based on use, will be due and payable upon application for annexation or lot splits or use change or rezoning. 7-12 .007 Should the proponent of the annexation wish to , receive reimbursement for any sewer main extension by those connecting within the annexed area, then the proponent shall file a reimbursement map with the City upon completion of the extension . 7-12 .008 Annexations become void if connection is not made within 12 months after the application, and fees will be deemed forfeited after that time. Re-application shall require such new fees as are set forth in this Ordinance. This section shall not apply to vacant lots that are merged within one year, or vacant lots to which the sewer main has been extended within one year or vacant lots which abut upon an existing sewer main . 7-12 .009 Within the Maintenance Districts , if sewer is available on the boundary, it shall be deemed available to lots outside of the actual Maintenance District as well as those inside. 7-12.010 Sewer connection fees and tap charges shall be paid upon connection to the sewer system. 7-12 .011 Sewer line extensions shall be brought to the far property line unless otherwise approved by the Director of Public Works for cases where future extensions are not practical due to perimeter or problem lots or lots that are shown in the sewer master plan to be served from another direction . /8 7-12 .012 For the purposes of this Ordinance, condominium units shall be treated in the same manner as single-family residences . 7-12 .013 Where there is a change of use from apartments to comdominiums, the applicant shall pay the difference in current fees and rates as established by this Ordinance prior to the approval of such change. Specifically, an apartment complex which is converted to condominiums shall be assessed a connection charge of forty (40) dollars per unit and an annexation fee of eighty (80) dollars per unit . 7-12.014 Where there is a change of use from one commercial use to another, the applicant shall pay the difference in fees per fixture unit in addition to the applicable rate for the new use. 7-12 .015 User rates shall be designated in the proportion outlined in the revenue program for the EPA-RWQCB Grant and allocated to appropriate accounting funds respective of their intended use. CHAPTER 13. ENFORCEMENT 7-13.001 Investigative Powers : City representatives shall carry evidence establishing their position as authorized representatives of the City, and, upon presentation and exhibiting these proper credentials and identification, be permitted to enter in and upon all buildings and premises within the Maintenance District for the purpose of inspection, observation, measurement , sampling, testing, or otherwise performing such duties as may be necessary in carrying out this Ordinance . 7-13.002 Termination : As an alternative measure for enforcing the provisions of this Ordinance, the City may terminate service to the building, structure or property in question. Upon termination, the City Engineer or his reprentative shall estimate the cost of termination and reconnection to the system and the user shall deposit this amount with the City before being reconnected. The City shall refund any part of the deposit remaining after payment of all costs or termination and reconnection . 7-13.003 Relief : Any person, who by reason of special circumstances believes that the application of any of the provisions of this Ordinance to him is unjust or inequitable, may make written application to the City Council for relief therefrom. Said application shall set forth all of the special facts and circumstances and shall request the specific relief or modification desired. The City Council upon receipt of such application and after such investigation as deemed necessary may take action to grant such relief or modification as it finds necessary . 0 0 The City Council , on its own motion and without application, may, when special circumstances make the application of any of the provisions of this Ordinance unjust or inequitable, modify or suspend the rules and regulations for the period during which the special circumstances exist . SECTION 2 : If any portion of this Ordinance or the application thereof is held to be invalid for any reason, the validity of all remaining portions and applications shall be unaffected and shall remain in full force and effect . SECTION 3a The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News , a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code, shall certify the adopting and posting of this Ordinance and shall cause this ordinance and this certification together with proof of posting to be entered in the Book of Ordinances of this City. SECTION 4 : Effective Date This Ordinance shall go into effect and be in full force and effect of 12 : 01 a.m, on the 31st day after its passage. On motion by Councilmember DEXTER and seconded by Councilmember SHIERS ,the motion was approved by the following roll call vote: AYES: COUNCILMEMBERS DEXTER, MACKEY, SHIERS AND MAYOR BORGESON NOES : NONE ABSENT: COUNCILMAN LILLEY ADOPTED: 9/13/88 ATTEST: az'z-e— BOYD C. SHARITZr ' ty Clerk BONITA BOR E ON, ayor APPROVED AS TO CONTENT APPROVED TO FORM: PAUL M. SENSIBAUGH J RGENSEN Director of Public Works y t or ey City Engineer .20