Agenda packet — Sewer Committee, August 30, 2022

SEWER COMMITTEE
AGENDA
AUGUST 30, 2022
4:00 P.M.

COMMUNITY CENTER
33 CHURCH ST.

Sutter Creek, California

1. Call to Order - 4:00 P.M.

2. Public Matters not on the Agenda
This is an opportunity for the public to comment on items that are not on the Committee agenda.

3. Sewer Ordinance
Recommendation: For discussion and staff direction.

4. Review Capital Components of Wastewater Plant
Recommendation: For discussion and staff direction.

5. Sewer Capacity
Recommendation: For discussion and staff direction.

Adjournment
* Attachment
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact City Hall staff at (209) 267-5647 or (209) 267-0639 (fax).

Title 14 - WATER AND SEWAGE
Chapter 14.04 - USE OF SEWER SYSTEM
Footnotes:
--- (1) ---
State Law reference— For the statutory provisions prohibiting nuisances arising from sewer wastes, see Health and Safety Code §§5410—5416; for provisions authorizing cities to construct and maintain drains and sewers, see Gov. Code §38900.

14.04.010 - Definitions.

When used in this chapter, the following words shall have the meanings herein ascribed to them:

The foreman of the maintenance department of the city shall be the superintendent of sewers.
"Sewer" or "public sewer" as used in this chapter means sanitary and not stormwater drains.
"Superintendent" when used herein, refers to the superintendent of sewers.
(Ord. 184 §1, 1975; Ord. 271 (part), 1993)

14.04.020 - Sewer connection mandatory.

It is unlawful for the owner or lessee of any lot or parcel of land situated within the limits of the city, which lot or parcel has thereon a building or buildings equipped with any plumbing fixture or fixtures, to neglect, fail or refuse to have any such buildings connected with the city's sewer system so that the drainage from each and every such plumbing fixture shall flow into said sewer; provided, that there is such a sewer in the A.

B.
street, alley or right-of-way near such lot or parcel of land and not more than two hundred feet from such building or from the end of a sewer extending from such building.
(Ord. 184 §2, 1975; Ord. 271 (part), 1993)

14.04.030 - Cesspool or septic tank prohibited when.

It is unlawful for any person or persons to maintain on any property within the city any privy or water closet from which excrement falls into a vault or drains into a cesspool or septic tank, or to allow the drainage of any plumbing fixture situated in any building in the city to flow into a cesspool or septic tank; and the owner or owners or lessee or lessees of any lot or parcel of land within this city, upon which there is maintained a water closet or privy from which excrement falls into an open vault or septic tank, shall immediately cause such vault to be filled to the ground level with earth.
(Ord. 184 §3, 1975; Ord. 271 (part), 1993)

14.04.040 - Sewer connection—Application.

Any person desiring to make a connection to the sewer line of the city or to a private sewer line which connects with the sewer line of the city must first make an application with the city clerk and receive a permit therefor. (Ord. 184 §4 (part), 1975; Ord. 271 (part), 1993)

14.04.050 - Sewer connection—Requirements—Fees.

Every new wastewater or sewage generating facility in the city shall be connected to the city sewer system, unless otherwise exempted in this chapter.

Every parcel controlled by one owner shall provide a service from that C.

B.
parcel to the city sewer line. The city shall not be responsible for any construction, repair or maintenance for any sewer line other than the city's sewer lines unless damaged by the city. The city sewer line shall either be on city property or on an easement which has been acquired by the city.

Each apartment in an apartment house, each separate housing unit in a townhouse or condominium, each mobile home within a mobile home park, shall be considered as a separate dwelling unit. The purpose of this subsection is to provide that in the event more than one dwelling unit is discharging waste through the same connection to the city sewer system, there shall be an additional connection and service fee for each such dwelling unit.

The fee for right of service paid to the city for each connection made to the city sewer line shall be determined from time to time by the city by resolution and is assessed for the privilege of using the city's sewer facilities.
(Ord. 184 §4 (part), 1975; Ord. 271 (part), 1993)

14.04.060 - Sewer connection—Owner's responsibility.

Connections shall be made by the owner at his sole cost and expense and only after approval of application for connection has been granted by the superintendent and the sum or sums required to be paid for connection to the city sewer line have been deposited with the city.

It shall be the responsibility of the property owner requesting a sewer connection to bring his sewer line to the property line adjacent to the city sewer main where the connection is to be made. Such line must be of a material and of type and size approved by the superintendent, a minimum C.
four inches in diameter. The pipe shall be laid as required and directed by the superintendent and it shall not be used or covered until it is inspected by the superintendent and authorization given for covering.

Where there is no city sewer main adjacent to the property line, then it shall be the responsibility of the property owner to extend the sewer line to the city sewer main in accordance with city standards.
(Ord. 184 §4 (part), 1975; Ord. 271 (part), 1993)

14.04.070 - Sewer connection—Sites—Inspection.

Upon payment of the applicable Title 14 fees, the superintendent shall designate the location of any and all sewer connection sites before the necessary permits are issued, and all connections or changes in existing connections shall be inspected by the superintendent before the same are covered.
(Ord. 184 §4 (part), 1975; Ord. 271 (part), 1993)

14.04.080 - Extension—Application.

Any person desiring an extension of the sewer main facilities of the city must make application to the city clerk requesting that the sewer main facilities be extended and shall file with the city clerk plans and specifications setting forth the manner in which the sewer main facilities are proposed to be constructed and extended. The sewer main facilities may be extended by the applicant upon approval by the city superintendent, and in accordance with any conditions required by the city upon the issuance of a permit.
(Ord. 184 §5(A), 1975; Ord. 271 (part), 1993)

14.04.090 - Extension—Reimbursement—When.

In the event the city council determines that properties other than the property of the person constructing the sewer facilities shall benefit from the construction, the city may enter into an appropriate reimbursement agreement with the person constructing the sewer line. Said agreement may provide that the city may, at the city's option, endeavor to collect by way of connection charges and reimburse such person such portion of the construction costs of said sewer line facilities that the city determines is equitable and may be practicably collected from property owners thereafter connecting to said sewer line.
(Ord. 184 §5(B), 1975; Ord. 271 (part), 1993)

14.04.100 - Extension—Reimbursement—Assignable.

Any reimbursement agreement with the developer shall be authorized by the council in the same manner as other contracts. Such reimbursement agreement and the rights therein granted shall be assignable by the person constructing such sewer line in the first instance.
(Ord. 184 §5(C), 1975; Ord. 271 (part), 1993)

14.04.110 - Extension—Reimbursement—Termination.

All rights for reimbursement under any reimbursement agreement shall terminate not later than the twentieth anniversary of the date of the agreement, and the city shall thereafter retain any fees charged for connection to the system. (Ord. 184 §5(D), 1975; Ord. 271 (part), 1993)

14.04.120 - Extension—Area benefited to be mapped.

The area to be benefited shall be determined by the city council and a map designating the area to be benefited shall be attached to all reimbursement agreements.
(Ord. 184 §5(E), 1975; Ord. 271 (part), 1993)

14.04.130 - Extension—Allocation of construction costs.

The determination of benefits may be based either on area, front-foot charges or any other method determined to be equitable by the city council. Appropriate allocations of construction costs shall be based upon the benefits to be derived from each parcel of property. The determinations of benefit and allocation of cost by the city council shall be final and conclusive.
(Ord. 184 §5(F), 1975; Ord. 271 (part), 1993)

14.04.140 - Extension—Charge—Engineering and administration costs.

There shall be a five percent deposit charge for plan check inspection, and administration costs and any and all costs incurred by the city, that is five percent deposit of the total cost of the extension. This shall be paid by the applicant prior to the time any work has been commenced on any extension to the sewer system. (Ord. 184 §5(G), 1975; Ord. 271 (part), 1993)

14.04.150 - Extension—Charges—Additional.

All charges to be made pursuant to sections 14.04.080 through 14.04.160 of this chapter shall be in addition to any other fees or charges required by this chapter and shall be paid prior to acceptance by the city of any extension. (Ord. 184 §5(H), 1975; Ord. 271 (part), 1993)
A.

14.04.160 - Extension—Cost of construction.

The applicant shall pay all of the initial costs of constructing an addition to the sewer line as required by this section. The parties within the area that will benefit from the addition to the sewer line shall pay their proportionate share of the cost prior to the issuance of a permit allowing connection to the extension of the sewer line. (Ord. 184 §5(I), 1975; Ord. 271 (part), 1993)

14.04.170 - Users outside city limits—Request to use sewer system.

If there be a request from any one or more persons or government agencies outside of the city to use the sewer system of the city, the city council shall consider each such request upon its own merits. Any determination made by the city council with respect to any requests shall in no way be binding upon the city with respect to any other requests.
(Ord. 184 §6(A), 1975; Ord. 271 (part), 1993)

14.04.180 - Users outside city limits—General regulations.

If the city should allow any land outside of the city to connect to the sewer system of the city, then the following regulations shall apply:

The sewer lines connecting to the city sewer line shall be constructed by and at the expense of the person or persons requesting the sewer service.

Any sewer line constructed shall be constructed according to sound engineering practices and to the standards required by the city. The city council shall determine whether the construction is according to sound engineering practices and in conformity with requirements.

Any sewer line constructed pursuant to this chapter shall be of sufficient size to provide for future constructions and shall be properly engineered to D.

C.
permit minimal maintenance. The adequacy of the size shall be determined solely by the city council.

The city shall inspect and observe the installation of any sewer line constructed pursuant to this chapter. The person or persons requesting the sewer line shall pay all charges, including overhead, to the city for such inspection and observation. This charge shall be paid within ten days after the request is made by the city. The city may require a deposit or bond to cover such charges. The sewer line will not be accepted by the city until all city charges and liens are cleared.

Any persons or person receiving sewer services as established by this chapter shall pay the city an amount equal to that which a person who is a resident of the city would pay for such services. The amount of such charge shall be computed each year by the city for each person receiving sewer services under the provisions of this chapter.
(Ord. 184 §6(B), 1975; Ord. 271 (part), 1993)

14.04.190 - Users outside city limits—Statement required.

Any person or persons requesting a sewer service to the city as set forth in this chapter shall file a written statement with the city, which said statement shall include the following:

The amount of wastewater flow (both peak and average) from the incoming applicant;
The quality of the wastewater to be treated from the incoming applicant with regard to specific components as requested by the city; Special characteristics for the wastewater to be treated from the incoming applicant; that is, is it toxic and liable to cause plant upset or require additional treatment facilities for adequate treatment; D.

Such other pertinent information as may be necessary to determine how much city's total remaining capacity at its present treatment plant site will be used b applicant;
The specific point of connection proposed by the applicant and an analysis of the city's present line capacity at the point;
The specific route and alignment of the applicant's proposed line; Such other information as the city may request.
(Ord. 184 §6(C), 1975; Ord. 271 (part), 1993)

14.04.200 - Users outside city limits—Agreement to conditions.

The applicant shall by written agreement agree to comply with any and all conditions established or imposed by the city prior to the granting of permission to the applicant to connect to the city sewer line.
(Ord. 184 §6(D), 1975; Ord. 271 (part), 1993)

14.04.210 - Users outside city limits—Agreement to proposed annexation.

Any person requesting a sewer service of the city as set forth in this chapter shall file a written statement with the city that he shall agree to any future proposed annexation to the city of the land receiving sewer services if requested to do so by the city. If any future property owner of the land refuses to sign a petition to annex to the city, the sewer service may be terminated by the city by giving the property owner thirty days prior written notice that if he does not sign the petition his sewer service will be terminated.
(Ord. 184 §6(E), 1975; Ord. 271 (part), 1993)

14.04.220 - Users outside city limits—Service termination.

The owner of real property receiving sewer services pursuant to this chapter, failing to comply with anything contained in this chapter, may be subjected to the termination of services after thirty days written notice to the property owner with respect to the real property outside the city owned by such defaulting owner. (Ord. 184 §6(F), 1975; Ord. 271 (part), 1993)

14.04.230 - Storm or drainage water and the introduction of toxic and other harmful wastes into the sewer system—Prohibited.

It is unlawful for any person to discharge any water, excepting ordinary domestic sewage water only, into any of the sewer mains or sewer lines of the city. "Sewage water," within the meaning of this chapter, shall be water used in buildings and dwelling houses for domestic purposes. "Drainage" and "stormwater," within the meaning of this chapter, include water flowing from the roofs of buildings, creeks, springs and from the surface of lands and also includes irrigation water. No person shall discharge or cause to be discharged into any public sewer which directly or indirectly connects to the city's sewage system, any toxic or other wastes if, in the opinion of the superintendent of public works or other officially designated member of the city staff, such waste may have an adverse or harmful effect on sewers, maintenance personnel, wastewater water treatment plant personnel or equipment, treatment plant effluent quality, public or private property, or may otherwise endanger the public, the local environment or create a public nuisance. The superintendent of public works or other officially designated member of the city staff shall, in determining the acceptability of specific waste, consider the nature of the matter and adequacy and nature of the collection, treatment and disposal system available to accept the waste.
(Ord. 184 §7, 1975; Ord. 217 §1, 1984; Ord. 271 (part), 1993)

14.04.240 - Standby charge.

The city council finds that in order to maintain the city sewerage disposal system and provide for future development of vacant parcels within the city, there should be charged against all vacant parcels within the city a fee.

See Table 14.04.240 for a list of unbuildable lots and residences on septic systems.

TABLE 14.04.240. UNBUILDABLE

APN PROPERTY OWNER LOCATION IMPROVEMENT
NIC 18-
061-
004
A roadway; part of
Tucker Hill Road
County Road Unbuildable
NIC 18-
061-
021
Unknown Amador City Road Unbuildable
18-
062-
001
Donald Hancock,
Amador City Road
Hanford St./Hwy.
49 Unbuildable
18-
121-
007
William and Leslie
Parsons
Spanish Street Unbuildable
18-
121-
008
Ellis Hartwick Spanish Street Unbuildable
18-
121-
014
Mother Lode Real
Invest.

Badger Road Unbuildable
18-
152-
006
Marea Richards Spanish Street Unbuildable
18-
152-
042
Marvin and Helena
Anderson
Badger Road Unbuildable
18-
152-
018
Maurice Boitano Badger Road Unbuildable
18-
172-
001
Maurice Boitano Badger Road Unbuildable
18-
172-
016
Ernest Maiatesta Fiefield Street Unbuildable
18-
172-
017
Aldo Pinotto Spanish Street Unbuildable
18-
190-
026
Robert and Valena
Bryson
Eureka Trail Unbuildable
18-
201-
036
City right-of-way Roadway/Nickerson Unbuildable
18-
235-
002
Carpenter Highway 49 Unbuildable
NIC 18-
315-
019
Sutter Terrace
Mobile
__________ Unbuildable
NIC 18-
171-
028
Anna Street, West
of Elm Street
__________ Unbuildable
18-
343-
011
Emergency
roadway
Mesa De Oro Unbuildable
NIC 18-
220-
015
Unknown __________ Unbuildable
18-
220-
008
Too narrow __________ Unbuildable
NIC 18-
291-
001
Between Lorinda
and Highway 49
__________ Unbuildable
40-
210-
002
Alethya Collins SC/Ione Septic
18-
151-
004
Allan Ferretti Badger Septic
18-
220-
009
Neal and Sarah
Russell
Green Stone Ter Septic
18-
091-
031
James Swift/Kathy
Castillo
Gopher Flat Septic
A.

C.
18-
010-
021
Gary Wooten Hwy. 49 Septic
(Ord. 184 §8, 1975; Ord. 257 §1, 1991; Ord. 271 (part), 1993)

14.04.250 - Rates—Fixed by council resolution.

The rates to be charged persons using or required by law to use the sewer collection and treatment system of the city shall be established by ordinance.

The rate to the charged against all vacant parcels within the city shall be established by ordinance.

The ordinance fixing rates to be charged by the city set forth herein shall be based upon City of Sutter Creek sewer revenue program in existence at the time of the establishment of said rate.
(Ord. 184 §11, 1975; Ord. 271 (part), 1993; Ord. 286A §1, 1998)

14.04.260 - Charges—Billing—Due date.

All charges shall be billable to the owner of the premises and shall be due and payable monthly at City Hall unless another payment schedule or place is ordered by resolution of the city council. Bills shall be due on the fifteenth of each month and all charges shall be delinquent on the first day of the calendar month following the date the charge is billed. For delinquent payments, a late payment penalty of ten percent shall be assessed on each delinquent charge. Interest of one-half of one percent monthly shall be charged on the amount of the overdue balance that is not in bona A.

1. fide dispute plus the assessed penalty. Such interest shall be assessed from the date the charge becomes delinquent and shall accrue each month, or each fraction of a month, until the charge is paid.
(Ord. 184 §9, 1975; Ord. 271 (part), 1993; Ord. 301 §1, 2004; Ord. 352 §1, 2014)

14.04.270 - Charges—Disconnection for nonpayment.

Any person who fails to pay the sewer service charges as herein levied and assessed within sixty days of the time limit prescribed for the payment thereof shall be subjected to having sewer service disconnected and thereafter no service which has been disconnected for the nonpayment of sewage charges shall be reconnected for the same user until the person shall have paid all delinquent sewage service charges owed to the city and a sum which shall be an amount equal to the connection charge being collected by the city for a new connection and an amount equal to one full year of monthly payments, prior to restoration of service. (Ord. 184 §10, 1975; Ord. 271 (part), 1993)

14.04.271 - Rates.

Residential. Each residence or apartment will pay one equivalent single family unit (ESFU). An ESFU flow rate (gallons per day) is determined by the average daily amount of water used, during the winter months, by all metered residences divided by the number of residences with meters.

Commercial. Each commercial business or building sewer rate will be based upon the water used, during the winter months, divided by the ESFU. In no case will the sewer rate for the business or building be less than one ESFU.

Connection Fees.

Existing residences and buildings will not be charged additional connection fees so long as the existing use is continued.

2. 3.

New residences and small businesses will be charged one ESFU for connec and monthly service charge.

Changes in use of residential, business or buildings in the commercial zone will be verified annually. If water use increases more than twenty percent above the ESFU's authorized, the city shall charge additional connection fees.
(Ord. 271 (part), 1993)

14.04.272 - Additional city requirements relating to sewerage.

All licensed businesses must provide for employee/owner access to a toilet facility.

Each existing licensed business not having on-site sewer facility will be charged an amount not less than one equivalent single family unit (ESFU).

A building with a single sewerage connection with more than one licensed business will pay a monthly rate of not less than one ESFU, but not to exceed the commercial metered flow rate.

Commercial buildings, offices or residence units vacant more than six months qualify for a standby rate of half the ESFU effective the date of application.

Commercial multi-use complexes (such as office buildings, shopping centers), schools, hotel-restaurants or similar enterprises may be considered for contracted rates.

Any subsection in this section in conflict or that conflicts with other sections or subsections in this chapter contained shall, to the extent of such conflict, be deemed to be null and void.
(Ord. 271 (part), 1993)

14.04.273 - Sewer revenue plan.

The City of Sutter Creek ("city") has an overriding interest in planning and regulating development of wastewater collection and treatment of property within the city, and within neighboring areas. Implicit in any plan or regulation is the city's interest in maintaining and improving the quality of urban life and the character of the city. Without a viable wastewater treatment and disposal system the city will be in violation of federal and state "clean water" and other environmental laws and will deteriorate, with detrimental consequences to social, environmental, and economic values.

The purpose of this section is to establish sewer user rates to reflect the cost of operating and maintaining the existing wastewater treatment and collection system, for the purchase of real property to utilize and develop as a wastewater disposal site.

The city has previously entered into an agreement with the Claveran Group to purchase the real property to be acquired by the city for its wastewater disposal site. The agreement provides a timetable by which the costs and expenses of city will be reimbursed as a golf course and other uses are developed on property. In this event, it is anticipated that the sewer user fees will be reduced in the future.

The ESFU for the determination of sewer rates within the city is thirty-nine dollars.

The City Council of the City of Sutter Creek hereby finds that the cost to the Municipal Wastewater Treatment System of new user, and hence the connection fee shall be set at four thousand five hundred dollars.

The city council directs its administrative staff to conduct the statutorily required biennial (every two years) sewer revenue program review to be conducted annually until it decrees by ordinance resolution to revert to biennial reviews.
(Ord. 292, § 1, 2002)
Editor's note— Ord. 292 §§1—6, adopted June 17, 2002, added provisions that were not specifically amendatory. At the direction of the city, said provisions were included as §14.04.273.

14.04.275 - Appeal.

Any person aggrieved by any decision of city staff with respect to this title may appeal to the city council by filing a notice of appeal with the clerk of the council. The council shall thereupon fix a time and place for hearing such appeal. The clerk of the council shall give notices to such person of the time and place by serving it personally or by depositing it in the United States Post Office at Sutter Creek, California, postage prepaid, addressed to such a person at his last known address. The city council shall have the authority to determine all questions raised in such appeal. No determination shall conflict with any subsequent provisions of this chapter. (Ord. 271 (part), 1993)

14.04.280 - Enforcement by superintendent.

The superintendent of sewers shall be charged with the administration of the sewage system and the enforcement of the provisions of this chapter. (Ord. 184 §12, 1975; Ord. 271 (part), 1993)

14.04.290 - Violation—Penalty.

Any person, firm or corporation violating any terms of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not more than five hundred dollars or by imprisonment for a period of not more than six months, or by both fine and imprisonment.
(Ord. 184 §15, 1975; Ord. 271 (part), 1993)
A.

Chapter 14.08 - GREASE, OIL AND SAND INTERCEPTORS

14.08.010 - Interceptors required.

Grease, oil and sand interceptors shall be provided when, in the opinion of the city engineer, sanitation engineer, sanitation engineer and/or public works superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or by flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for buildings used for residential purposes. All interceptors shall be of a type and capacity approved by the city engineer, sanitation engineer, sanitation engineer and/or public works superintendent, and shall be so located as to be readily and easily accessible for cleaning and inspection.

Grease, oil and sand interceptors shall be of a type and constructed in accordance with the specifications approved by the city engineer, sanitation engineer, sanitation engineer and/or public works superintendent, and shall be made 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 gastight and watertight.

Restaurants shall include, but not be limited to, retail establishments selling prepared foods and drinks for consumption on the premises, and also lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as a subordinate service facility by other establishments shall also be included.

Any person who operates, owns, or maintains a restaurant shall cause all restaurant wastes from floor drains, floor sinks, waste containers, wash A.

C.
racks, dishwashers, and garbage grinders to be directed through an interceptor, and shall keep all domestic wastewaters from restrooms, showers, drinking fountains, and condensate (i.e., ice melt, air conditioning) separate from the restaurant wastewater until the restaurant wastewaters have passed through all necessary pretreatment equipment devices, or monitoring stations. Sizing of grease interceptors shall be determined as described in the Uniform Plumbing Code, Appendix H, as adopted by the city.
(Ord. 241 §1, 1989; Ord. 288 §2, 2000)

14.08.020 - Maintenance of interceptors.

All grease, oil and sand interceptors shall be maintained by the owner thereof, at said owner's expense, in continuously efficient operation at all times.

Each user shall regularly inspect, clean, and repair interceptors owned by the user. Such inspection, cleaning, and repairing will be conducted at least annually. Records of inspections, cleaning and repairs, and the costs associated with these actions shall be kept for three years and be made available for inspection by city personnel upon request. The debris from interceptors shall be disposed of through a licensed waste hauler. Waste disposal records, including receipts, shall be kept for three years and be made available for inspection by city personnel upon request.

If in the opinion of the city engineer, sanitation engineer, sanitation engineer and/or public works superintendent more frequent maintenance is necessary, then the user will comply with more frequently scheduled maintenance as determined by the city engineer, sanitation engineer, sanitation engineer and/or public works superintendent. (Ord. 241 §2, 1989; Ord. 288 §3, 2000)
A.

1. 2.

3. a.
b.
c.

14.08.030 - Preliminary treatment of wastes.

The admission into the public sewers of any waters or wastes having:

A five-day biochemical oxygen demand greater than three hundred milligrams per liter (mg/l); or
Containing more than three hundred fifty mg/l of suspended solids; or Having an average daily flow greater than two percent of the average daily sewage flow of the service area, shall be subject to the review and approval of the city engineer, sanitation engineer and/or public works superintendent. Where necessary in the opinion of the city engineer, sanitation engineer and/or public works superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

Reduce the biochemical oxygen demand to three hundred mg/l and the suspended solids to three hundred mg/l,
Reduce objectionable characteristics or constituents to within the maximum limits allowed, or
Control the quantities and rates of discharge of such waters or wastes.

Plans, specifications, and other pertinent information relating to proposed preliminary treatment facilities shall be submitted to the city for the approval of the city engineer, sanitation engineer and/or public works superintendent, the Regional Water Quality Control Board of the State of California, and such other agencies as the city may from time to time direct, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
(Ord. 241 §3, 1989; Ord. 288 §7, 2000)

14.08.040 - Maintenance of pretreatment facilities.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained, at owner's expense, satisfactory and effective operation at all times. The use of emulsifiers, bacterial additives, or other chemical agents to dissolve grease is specifically prohibited.
(Ord. 241 §4, 1989; Ord. 288 §4, 2000)

14.08.050 - Enforcement and administration.

The city manager or his assignee shall be charged with the administration and enforcement of the provisions of this chapter.
(Ord. 241 §5, 1989; Ord. 288 §5, 2000; Ord. 331 §1, 2009)

14.08.060 - Violations.

The property owner shall be held solely responsible for all costs that the city may incur during the investigation, correction and/or prosecution of any and all violations to this chapter. Any and all such costs shall be reviewed by the city council and, if found appropriate, the city council may institute collection procedures in accordance with this Code or state law.
(Ord. 241 §6, 1989; Ord. 288 §6, 2000; Ord. 331 §2, 2009)

14.08.070 - Authority of city.

The charges, fees, levees and assessed monetary levees pursuant to City Code or state law shall be collected by the city manager or his designee. The city manager shall make and enforce the regulations as necessary to ensure the public health, safety, and welfare. The city manager shall also ensure the economical and efficient management and protection of the city's sanitary sewer system and such regulating, collection, rebating and refunding of such charge and fees, levees and assessments as deemed appropriate by the city council.

In the event of a violation of any of the laws of the State of California, Amador County or the ordinances of the city or rules and regulations so established referring to the discharge of wastewater, the city manager or his designee shall notify the person or persons causing, allowing, or committing such violation and upon the failure of such person or persons to cease or prevent further violation within five days after the receipt of such notice, the city shall, after giving ten days notice as outlined in section 14.08.120, notice and hearing prior to discontinuance other than a discontinuance of service for nonpayment have authority to disconnect the property from the sanitary sewer system.
(Ord. 331 §3, 2009)

14.08.080 - Public nuisance.

Continued habitation of any building or continued operation of any commercial or industrial facility in violation of the provisions of the City Code or any other ordinance, rule or regulation of the city or state is hereby declared to be a public nuisance. The city manager may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation. (Ord. 331 §4, 2009)

14.08.090 - Public nuisance, abatement.

During any period of disconnection, habitation of such disconnected premises by human beings shall constitute a public nuisance, whereupon the city attorney may cause or petition legal proceeding to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such A.

1. 2.

3. 4.

C.
events, and as a condition of re-connection, the applicant for re-connection shall pay to the city all costs incurred by the city associated with the disconnection and the legal proceedings. Such costs shall include but not be limited to reasonable attorney fees and the costs of suit(s) arising out of any such action. (Ord. 331 §5, 2009)

14.08.100 - Discontinuance of service.

Service may be discontinued for any one of the following reasons:

Delinquency in the payment of any bill, except that service shall not be discontinued for nonpayment in any of the following situations:

During the pendency of any investigation by the city of a customer dispute or complaint.

When a customer has been granted an extension of the period for payment of a bill.

On the certification of a licensed physician or surgeon that to do so will be life threatening to the customer.

If the customer is financially unable to pay for service within the normal payment period, yet is willing to enter into an amortization agreement with the city and requests permission to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal payment period.

Any violation by the customer of any rules and regulations of the city governing sewer service.

Unsafe Apparatus or Damaging Conditions. If an unsafe or hazardous condition is found to exist on the customer's premises, or if the customer's use of sewer service is found to be detrimental or damaging to the city or its other customers, the city may discontinue sewer service without notice, provided that the city shall notify the customer immediately of the reasons for the discontinuance and the corrective actions to be taken by the customer before service can be restored. If the city determines that the need for the discontinuance stems from the customer's failure to adequately maintain the customer's building lateral or the customer's improper use of the building lateral or is otherwise caused by the customer's actions/inactions, then the customer will be liable for the city's cost of discontinuance and re-connection, if any, as well as any corrective actions required by the city. In such event after reasonable notice to the property owner the city manager is authorized to have any required repairs made to correct the violation and enforce a lien on the subject real property to recover all city costs related to such repairs.
(Ord. 331 §6, 2009)

14.08.110 - Notice and hearing prior to discontinuance of service for nonpayment.

At least ten days before any proposed discontinuance of service for nonpayment of a delinquent account, the city shall mail a notice, postage prepaid to the customer to whom the service is billed of the proposed discontinuance. Such notice shall be given not earlier than nineteen days from the date of mailing the city's bill for such service and the ten-day period shall not commence until five days after the mailing of the notice. In addition to the ten-day notice provided for in the preceding sentence, the city shall make a reasonable, good faith effort to contact an adult person residing at the premises of the customer by telephone or in person at least forty-eight hours prior to any discontinuance of such service.

Every notice of discontinuance of service required by this section, shall include all of the following information:

The name and address of the customer whose account is delinquent.

The amount of delinquency.

The date by which payment or arrangements for payment is required in order to avoid discontinuance.

The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges, unless the city's bill for services contains a description of that procedure.

The procedure by which the customer may request amortization of the unpaid charges.

The procedure for the customer to obtain information on the availability of financial assistance including private, local, state or federal sources, if applicable.

The telephone number and name of a representative of the city who can provide additional information or institute arrangements for payment. (Ord. 331 §7, 2009)

14.08.120 - Notice and hearing prior to discontinuance other than a discontinuance of service for nonpayment.

In order to affect its powers, the city may enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities and may terminate service to property in which a violation of any rule or regulation is found to exist.

Prior to termination of service, however, the city manager shall notify, in writing, the owner and tenant, if any, of such property that service is intended to be so terminated and conduct a hearing thereon as herein provided. Such notice shall be mailed to the owner at the address shown on the records of the assessor of the county or as known to the clerk, and a copy shall be delivered to the tenant or posted conspicuously on the property. The notice shall state the date of proposed termination of service and the reasons therefore and the date the city council shall hold a public hearing upon such intended termination. Such hearing shall not be held less than ten days subsequent to the giving of notice as herein required. (Ord. 331 §8, 2009)

14.08.130 - Discontinuance of service on weekends, holidays or after hours.

No sewer service shall be discontinued to any customer or user because of any delinquency in payment on any Saturday, Sunday, legal holiday, or at any time during which the business offices of the city are not open to the public. (Ord. 331 §9, 2009)

14.08.140 - Amortization of delinquent bill for service.

Every complaint or request for investigation by a customer that is made within five days of receiving the disputed bill, and every request by a customer that is made within thirteen days of the mailing of the notice required by discontinuance of service for an extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period of payment shall be reviewed by the city manager. The review shall include consideration of whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, not to exceed twelve months. Any customer whose complaint or request for an investigation has resulted in an adverse determination by the city manager, may appeal the determination to the city council.
(Ord. 331 §10, 2009)

14.08.150 - Authority to settle controversies relating to discontinuance and to permit amortization of delinquent bills.

The city manager, is hereby authorized to investigate complaints and review disputes pertaining to any matters for which service may be discontinued and to rectify errors and settle controversies pertaining to such matters. The city manager, is also authorized, upon a proper showing by a customer of the customer's inability to pay a delinquent bill during the normal period, to grant permission to amortize the unpaid balance over a reasonable period of time, not to exceed twelve months. At the discretion of the city council, controversies may be brought to the city council for settlement prior to the discontinuance of any such service. (Ord. 331 §11, 2009)

14.08.160 - Notice required prior to discontinuance of service for failure to comply with amortization agreement.

If an amortizing agreement is authorized, no discontinuance of service shall be affected for any customer complying with such agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. If a customer fails to comply with an amortization agreement, the city shall not discontinue the service without giving notice to the customer at least forty-eight hours prior to discontinuance of the conditions the customer is required to meet to avoid discontinuance, but the notice does not entitle the customer to further investigation by the city.
(Ord. 331 §12, 2009)

14.08.170 - Enforcement of provisions.

The provisions of the Code, and a violation of failure to comply with any provision of the City Code, may be enforced, prosecuted and/or corrected as set forth in Chapter 1.16 of the City Code.
(Ord. 331 §13, 2009)

14.08.180 - Means of enforcement only.

The city council hereby declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty.
(Ord. 331 §14, 2009)

14.08.190 - Cumulative remedies.

All remedies set forth herein for the collection and enforcement of charges, rates, and penalties are cumulative and may be pursued alternatively or consecutively. (Ord. 331 §15, 2009)

14.08.200 - Appeals procedure.

Any person aggrieved by a ruling under or interpretation of the provisions of this chapter may submit a written appeal to the city manager within thirty days of the date that the applicant is advised of any action. The appeal shall set forth the events and circumstances leading to the appeal, the nature of the ruling or interpretation from which relief is sought, the nature of the impact of the ruling on appellants' property or business, together with any other reason for the appeal.

Should the aggrieved person not be satisfied with the determination of the city manager, he/she shall ask to appeal the decision of the city manager to the city council within thirty days of the date that the city manager's determination is made. The city manager shall then submit such appeal together with his/her recommendations to the city council which shall forthwith study the matter, hear testimony and reasons for such appeal, and prepare a written decision summarizing the findings and ruling of the council which shall be sent to the appellant within thirty days.

After a decision is reached by the city council which results in the granting, denying, or revocation of a permit, the appellant must bring any legal action against the city within the time limits set forth in Section 1094.6 of the Code of Civil Procedure which provisions are applicable to the city.
(Ord. 331 §16, 2009)

14.08.210 - Re-connection to the city's sanitary sewer system.

After disconnection of sanitary sewer service to any premises for any cause, the reconnection of such premises shall be subject to all provisions of the City Code and/or ordinance applicable thereto.
(Ord. 331 §17, 2009)
Chapter 14.10 - WATER EFFICIENCY

14.10.010 - Model water efficient landscape ordinance—Adopted by reference.

The State of California's Model Water Efficient Landscape Ordinance, dated September 10, 2009, was adopted by reference as if fully set out at length herein by the city council on February 2, 2010. Said ordinance is on file and available for inspection in the city offices.
(Ord. 335, 2010)
Editor's note— Ord. 335, adopted Feb. 2, 2010, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included as §14.10.010.

Cross reference— Trees and landscaping, §13.24.010 et seq.

Chapter 14.08 - GREASE, OIL AND SAND INTERCEPTORS

14.08.010 - Interceptors required.

Restaurants shall include, but not be limited to, retail establishments selling prepared foods and drinks for consumption on the premises, and also lunch counters and refreshment stands D.

B.
selling prepared foods and drinks for immediate consumption.

Restaurants, lunch counters, and drinking places operated as a subordinate service facility by other establishments shall also be included.

Any person who operates, owns, or maintains a restaurant shall cause all restaurant wastes from floor drains, floor sinks, waste containers, wash racks, dishwashers, and garbage grinders to be directed through an interceptor, and shall keep all domestic wastewaters from restrooms, showers, drinking fountains, and condensate (i.e., ice melt, air conditioning) separate from the restaurant wastewater until the restaurant wastewaters have passed through all necessary pretreatment equipment devices, or monitoring stations. Sizing of grease interceptors shall be determined as described in the Uniform Plumbing Code, Appendix H, as adopted by the city.
(Ord. 241 §1, 1989; Ord. 288 §2, 2000)

14.08.020 - Maintenance of interceptors.

All grease, oil and sand interceptors shall be maintained by the owner thereof, at said owner's expense, in continuously efficient operation at all times.

1. 2.

3. personnel upon request. The debris from interceptors shall be disposed of through a licensed waste hauler. Waste disposal records, including receipts, shall be kept for three years and be made available for inspection by city personnel upon request.

14.08.030 - Preliminary treatment of wastes.

The admission into the public sewers of any waters or wastes having:

A five-day biochemical oxygen demand greater than three hundred milligrams per liter (mg/l); or
Containing more than three hundred fifty mg/l of suspended solids; or
Having an average daily flow greater than two percent of the average daily sewage flow of the service area, shall be subject to the review and approval of the city engineer, sanitation engineer and/or public works superintendent. Where necessary a.
b.
c.

B.
in the opinion of the city engineer, sanitation engineer and/or public works superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

Reduce the biochemical oxygen demand to three hundred
mg/l and the suspended solids to three hundred mg/l,
Reduce objectionable characteristics or constituents to within the maximum limits allowed, or
Control the quantities and rates of discharge of such waters or wastes.

14.08.040 - Maintenance of pretreatment facilities.

14.08.050 - Enforcement and administration.

The city manager or his assignee shall be charged with the administration and enforcement of the provisions of this chapter.
(Ord. 241 §5, 1989; Ord. 288 §5, 2000; Ord. 331 §1, 2009)

14.08.060 - Violations.

The property owner shall be held solely responsible for all costs that the city may incur during the investigation, correction and/or prosecution of any and all violations to this chapter. Any and all such costs shall be reviewed by the city council and, if found appropriate, the city council may institute collection procedures in accordance with this Code or state law. (Ord. 241 §6, 1989; Ord. 288 §6, 2000; Ord. 331 §2, 2009)

14.08.070 - Authority of city.

14.08.080 - Public nuisance.

14.08.090 - Public nuisance, abatement.

1. 2.

3. 4.

B.
abatement of the occupancy of said premises by human beings during the period of such disconnection. In such events, and as a condition of reconnection, the applicant for re-connection shall pay to the city all costs incurred by the city associated with the disconnection and the legal proceedings. Such costs shall include but not be limited to reasonable attorney fees and the costs of suit(s) arising out of any such action. (Ord. 331 §5, 2009)

14.08.100 - Discontinuance of service.

Service may be discontinued for any one of the following reasons:

Delinquency in the payment of any bill, except that service shall not be discontinued for nonpayment in any of the following situations:

During the pendency of any investigation by the city of a customer dispute or complaint.

When a customer has been granted an extension of the period for payment of a bill.

On the certification of a licensed physician or surgeon that to do so will be life threatening to the customer.

If the customer is financially unable to pay for service within the normal payment period, yet is willing to enter into an
amortization agreement with the city and requests permission to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal payment period.

Any violation by the customer of any rules and regulations of the C.
city governing sewer service.

14.08.110 - Notice and hearing prior to discontinuance of service for nonpayment.

Every notice of discontinuance of service required by this section, shall include all of the following information:

The name and address of the customer whose account is
delinquent.

The amount of delinquency.

The date by which payment or arrangements for payment is required in order to avoid discontinuance.

The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges, unless the city's bill for services contains a description of that procedure.

The procedure by which the customer may request amortization of the unpaid charges.

The procedure for the customer to obtain information on the availability of financial assistance including private, local, state or federal sources, if applicable.

The telephone number and name of a representative of the city who can provide additional information or institute arrangements for payment.
(Ord. 331 §7, 2009)

14.08.120 - Notice and hearing prior to discontinuance other than a discontinuance of service for nonpayment.

14.08.130 - Discontinuance of service on weekends, holidays or after hours.

14.08.140 - Amortization of delinquent bill for service.

14.08.150 - Authority to settle controversies relating to discontinuance and to permit amortization of delinquent bills.

14.08.160 - Notice required prior to discontinuance of service for failure to comply with amortization agreement.

14.08.170 - Enforcement of provisions.

14.08.180 - Means of enforcement only.

14.08.190 - Cumulative remedies.

All remedies set forth herein for the collection and enforcement of charges, rates, and penalties are cumulative and may be pursued alternatively or consecutively.
(Ord. 331 §15, 2009)

14.08.200 - Appeals procedure.

14.08.210 - Re-connection to the city's sanitary sewer system.

After disconnection of sanitary sewer service to any premises for any cause, the re-connection of such premises shall be subject to all provisions of the City Code and/or ordinance applicable thereto.
(Ord. 331 §17, 2009)
Jackson, California Municipal Code
Title 13 PUBLIC UTILITIES
Article II. Sewers
Chapter 13.20 REGULATIONS, CONNECTIONS

AND CONNECTION FEES
Note

13.20.010 Definitions.

13.20.020 Deposit of wastes unlawful when.

13.20.030 Discharge to natural outlet unlawful when.

13.20.040 Sewage disposal facility unlawful when.

13.20.050 Connection with public sewer—Required.

13.20.060 Connection with public sewer—Permit required.

13.20.070 Encroachment permits—Necessary fees.

13.20.080 Sewer service permit—Classes designated.

13.20.090 Sewer construction to be by licensed contractor.

13.20.100 Costs to be borne by owner.

13.20.110 Correction of faulty work.

13.20.120 Separate building sewer for each structure—
Exceptions.

13.20.130 Existing service laterals requiring backflow preventor— Inspection—Correction.

13.20.131 Technical specifications.

13.20.140 Service sewer—Backflow preventors.

13.20.150 Insufficient gravity flow—Artificial lifting devices.

13.20.155 Lateral responsibility.

13.20.160 Prohibited sewage—Toxic substances.

13.20.170 Prohibited sewage—Stormwater or washwater.

13.20.180 Prohibited sewage—Harmful or dangerous substances designated.

13.20.190 Grease, oil and sand interceptors—Construction.

13.20.200 Grease, oil and sand interceptors—Maintenance.

13.20.210 Swimming or wading pools.

13.20.220 Preliminary treatment or flow-equalizing facilities— Maintenance.

13.20.230 Control manhole required when.

13.20.240 Payment to city for special treatment.

13.20.250 Outside users—Permitted when.

13.20.260 Outside users—Disconnection when.

13.20.270 Surety bond—Contractor liability.

13.20.280 Insurance coverage.

13.20.290 Inspectors—Powers and duties.

13.20.300 Facility participation charges.

13.20.310 Expansion allowance.

13.20.320 Penalty for violation.

Contact:

City Clerk: 209-223-1646
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

Extension Policy of Offsite
Improvements and Facilities 231 (3-04)

13.20.010
Chapter 13.20

EXTENSION POLICY FOR OFFSITE

IMPROVEMENTS AND FACILITIES
Sections:

13.20.010 Purpose of provisions.

13.20.020 Definitions.

13.20.030 Applications for improvements
and facilities.

13.20.040 Installation by applicant.

13.20.050 Extension on parcel frontage.

13.20.060 Reimbursement—When —
Purpose.

13.20.070 Reimbursement — Agreement.

13.20.080 Reimbursement—City benefit.

13.20.090 Reimbursement—Payment.

13.20.100 Letter of entitlement.

13.20.110 Unclaimed reimbursement.

13.20.120 Effective Date.

13.20.010 Purpose of provisions.

The city council is desirous of adopting an
extension policy that is fair and equitable for all
developing real properties, which will allow the
cost of the construction of certain off-site
improvements, facilities and extensions to be
distributed where applicable among subsequently
developing real properties connecting thereto or
adjacent thereto or using or benefiting from the
off-site improvement, facilities or extensions, as
provided in this chapter. The purpose of this
chapter is to make provision for assessment and
collecting of fees as a condition of the approval of
a final map, condition of development approval, or
as a condition of issuing a building permit of the
purpose of defraying the actual or estimated costs
of constructing certain public improvements
pursuant to the city’s authority to make and
enforce all ordinances and regulations with respect
to municipal affairs. This chapter shall be the
exclusive procedure for a reimbursement
agreement and/or the establishment and operation
of areas of benefit in the city. No area of benefit
shall be established under this chapter unless the
city council finds that the construction of the
public facilities or improvements provided for by
the area of benefit is required for subsequent
subdivisions and developments, and that the fees
are fairly apportioned within the area on either the
basis of benefits conferred on property proposed
for development or subdivision or on the need for
such facilities created by the proposed
development and the development of other
property within the area.
(Ord. 440 § 1 (part), 1990; Ord. 322 § 1, 1983)

13.20.020 Definitions.

For the purpose of this chapter the following
words, phrases and terms shall have the meaning
given in this chapter:

A. “City” means the city of Ripon.

B. “City clerk” means the city clerk of the
city of Ripon.

C. “City council” means the city council of
the city of Ripon.

D. “City engineer” means the engineer of the
city of Ripon.

E. “Off-site improvements, facilities or
extensions” means and includes any of the
following:

1. Curb, gutter and sidewalk:

2. Water mains and appurtenant structures,
including valves and fire hydrants;

3. Sewer mains and appurtenant structures,
including manholes, lamp holes and pumping
stations;
Extension Policy of Offsite
Improvements and Facilities 232 (3-04)

13.20.020

4. Stormdrains and appurtenant structures,
including catchbasins, manholes and pumping
stations;

5. All street improvements, including
construction and surfacing;

6. Street lighting;

7. Electrical and gas extensions;

8. Telephone facilities;

9. Television facilities;

10. Traffic signals;

11. Irrigation district requirements to replace
or protect district irrigation lines, ditches or other
facilities.

F. “Owner” means any person, firm,
corporation or governmental entity having a
proprietary interest in any real property within the
city of Ripon.

G. “Administrative charge” means a charge
made by the city of ten percent of the
reimbursable cost to be paid to an applicant which
shall be added onto the applicant’s reimbursable
costs and , in addition, shall be retained by the city
for the city’s administrative, legal and engineering
fees and costs in connection with the
establishment of a benefit area and/or
reimbursement agreement.

H. “City bookkeeping charge” means a
charge of two percent of the moneys collected and
disbursed by the city to an applicant as a result of
the formation of a benefit area and/or a
reimbursement agreement, which shall be retained
by the city from the moneys to be paid to the
applicant to reimburse the city for its costs
incurred in the collection, bookkeeping and
disbursement of reimbursable costs to an
applicant. (Ord. 440 § 1 (part), 1990; Ord. 322 §
2, 1983)

13.20.030 Application for improvements
and facilities.

Whenever a real property owner is desirous of
obtaining any off-site improvements or facilities
including storm sewer, sanitary sewer or water
service, as defined in Section 13.20.020E of this
chapter, where no adequate service or facility
exists, he shall make a written application
therefore to the city clerk. The city clerk shall
thereafter forward the application to the city
engineer, who shall, as soon as possible, determine
the closest adequate sanitary sewer, storm sewer
or water line, indicate the size of the main or
mains to be extended, and the limits of the
extension, and any other matters pertaining to the
extension, off-site improvement or other facility
requested, and the need for any of the off-site
improvement, extension or facility.
(Ord. 322 § 3, 1983)

13.20.040 Installation by applicant.

Whenever the city engineer determines that a
sanitary sewer, storm sewer, water line extension
or other off-site improvement or facility is
necessary, and tentatively approves the same, and
the city council thereafter approves, the applicant
may then install, at the applicant’s own expense,
the sanitary sewer, storm sewer or water line
extension or other off-site improvement or facility
in accordance with engineering plans furnished by
the applicant and thereafter approved by the city
engineer before any such construction shall
commence. Any such plans, unless otherwise
approved by the city, shall be prepared in
accordance with the city’s design standards and
any other ordinances applicable thereto.
(Ord. 440 § 1 (part), 1990; Ord. 322 § 4, 1983)
Extension Policy of Offsite
Improvements and Facilities 233 (3-04)

13.20.050

13.20.050 Extension on parcel frontage.

In every case where a sanitary sewer, storm
sewer or water line facility is to be extended, or
any other off-site improvement or facility
constructed or extended to serve a parcel of real
property, the same shall extend the full frontage of
the parcel where applicable, unless the city
engineer shall determine that the particular
extension, improvement or facility will not need to
be so extended to serve any other real properties.
(Ord. 322 § 5, 1983)

13.20.060 Reimbursement–When– Purpose.

Whenever an off-site improvement or facility is
to be extended or constructed which may serve or
benefit additional properties, the applicant may
apply to the city for a reimbursement agreement
and request that the city adopt an are of benefit for
the purpose of defraying the actual or estimated
costs of any such public improvements. The area
of benefit fees shall also include a city
administrative charge of ten percent of the total
costs, which shall be in addition to the
reimbursable costs of the applicant. The city
engineer shall determine the extent to which any
additional real property may be served or
benefited, and may recommend such an extension
agreement and benefit area be formed by the city
prior to the construction of any such extension,
off-site improvement or facility. “Additional real
properties,” as used in this section, means: (a) real
property abutting or adjacent to the extension,
off-site improvement or facility, or benefiting
therefrom; or (b) real property that may be subject
to an area charge as provided in Section

13.20.070. Thereafter, if the city council
determines that a reimbursement agreement or
benefit area should be formed, then by resolution
the city council shall establish the boundaries of
the area of benefit, the estimated or actual costs, a
fair method of allocation of fees, the fee
apportionment and the applicable fees to be paid.
(Ord. 440 § 1 (part), 1990; Ord. 322 § 6, 1983)

13.20.070 Reimbursement – Agreement.

Any agreement providing for reimbursement
and/or the formation of a benefit area for sanitary
sewer, storm sewer or water line extension, or any
other off-site improvement, shall contain the
following language:

A. The amount of the reimbursable costs to
be paid to the applicant as
recommended by the city engineer and finally
approved in the sole discretion of the city council.

B. Reimbursable costs to be paid to the
applicant shall include the cost of the
sanitary sewer, storm sewer or water line
extension, or other off-site improvement or
facility.

C. A city administrative charge of ten percent
of the total reimbursable costs to
be paid to the applicant shall be in addition to and
added to the applicant’s reimbursable cost, and
shall be paid to and retained by the city for the
city’s administrative, legal and engineering fees
and costs incurred in connection with the
reimbursement agreement and/or formation of the
benefit area.

D. A city bookkeeping charge of two percent
of the total moneys collected and
disbursed by the city to the applicant shall be
retained by the city from the moneys collected by
the city, in order to reimburse the city for its costs
incurred in connection with the collection,
bookkeeping and disbursement of any
reimbursable costs to the applicant.

Extension Policy of Offsite
Improvements and Facilities 234 (3-04)

13.20.070
E. Any utility lateral or service off the main
line which serves only an individual lot or an
individual parcel of real property shall not be
included as a proper subject for reimbursement,
unless the city council, in its sole discretion,
determines that the real property and the cost
qualifies for reimbursement.

F. There shall be no reimbursement to the
applicant in excess of the reimbursable costs to be
paid to the applicant.

G. A surcharge of five percent per year, or
any portion thereof, shall be added to the amount
of reimbursable costs as established by the city
engineer pursuant to subsection A of this section.

H. Reimbursement shall be paid only from
moneys collected by the city within fifteen years
from the date of the reimbursement agreement. If
insufficient moneys are collected, there shall be no
obligation on the part of the city for total
reimbursement to the applicant. They city shall
have no obligation to pay reimbursements from
any source other than reimbursement moneys
collected by the city pursuant to this chapter. All
moneys from adjacent, abutting or benefiting real
properties which are collected after the original
fifteen-year period has expired shall be retained by
the city, and the applicant shall have no further
interest therein.

I. Whenever the city engineer determines
that any oversized off-site improvement or facility
is necessary to serve additional real properties,
then a charge shall be made to cover the additional
reimbursable cost of the larger extension, off-site
improvement or facility. The charge for each acre
of real property benefited thereby shall be
determined by the City Engineer. The City
Engineer shall prepare a benefit area map to
become part of the reimbursement agreement,
showing the area to be served by the larger
extension, off-site improvement or facility. The
reimbursable charge for each acre of additional
real property to be served or benefited shall be
shown in the agreement. All are calculation shall
be to the nearest one-tenth of an acre.

J. Any reimbursement moneys shall be
payable to the heirs, successors and assigns of the
original applicant. (Ord. 467 § 1, 1991: Ord. 440
§ 1 (part), 1990: Ord. 322 § 7, 1983: Ord. 691 § 1
(part), 2004)

13.20.080 Reimbursement – City benefit.

Whenever the city has made extensions of
installed off-site improvements or facilities that
will serve or benefit abutting, adjoining or
benefitting real properties, the city shall also be
eligible for reimbursement in alike manner as any
other applicant under this chapter. (Ord. 322 § 8,
1983)

13.20.090 Reimbursement -- Payment
Whenever the city council has approved a
sanitary sewer, storm sewer or water line
extension, or other off-site improvement or
facility, for a reimbursement agreement and/or a
benefit area by resolution, after first holding a
public hearing thereon and having given at least
ten days prior written notice thereof and of the
proposed benefit area formation to the owners of
all property proposed for inclusion in the area of
benefit, then the reimbursement charges shall be
collected by the city from any parcel of real
property abutting, adjoining or benefitting
therefrom which may be included within the
benefit area designated in the agreement and in the
resolution at the time of its development, and in
any event prior to the actual installation of any
off-site improvement or facilities to the abutting
Extension Policy of Offsite
Improvements and Facilities 235 (3-04)

13.20.090
parcel. These moneys shall be placed by the city
in a special fund therefore and shall be disbursed
as provided in this chapter. (Ord. 440 § 1 (part),
1990: Ord. 322 § 9, 1983)

13.20.100 Letter of entitlement.

When payment for any reimbursement has been
made, the city engineer shall prepare a letter of
entitlement stating the total fees collected,
reference to the off-site improvement, the
resolution number, the amount to be reimbursed to
the applicant, and the administrative charge and
bookkeeping charge to be retained by the city.

This letter of entitlement shall be forwarded to the
city clerk for reimbursement under the terms of
the reimbursement agreement and this chapter
when the funds become available. (Ord. 440 § 1
(part), 1990: Ord. 322 § 10, 1983)

13.20.110 Unclaimed reimbursement.

The city shall mail any reimbursement to the
applicant’s last known address on file with the city
clerk, or as shown in the off-site improvement,
extension or facility reimbursement or benefit are
agreement. Any reimbursement returned or
unclaimed after a period of tow years from the
date of its mailing shall revert to the city’s general
fund. (Ord. 322 § 11, 1983)

13.20.120 Effective date.

This chapter shall apply to all properties
developed from and after the first day of January,
1983. Reimbursable costs shall be collected and
reimbursed by the city for any extension, off-site
improvement or facility accepted for maintenance
by city after that date as outlined in this chapter;
provided, however, that any real property covered
by tentative maps or use permits approved by the
Ripon planning commission prior to the first day
of January, 1983, shall not be required to pay any
reimbursement charges. (Ord. 322 § 12, 1983)

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13.08.010
Chapter 13.08

SEWER CONNECTIONS
Sections:

13.08.010 Compliance with Sewer
Regulations Required.

13.08.020 Construction Standards.

13.08.030 Connection Required When.

13.08.040 Connection Compliance
Required.

13.08.050 Permit - Required.

13.08.060 Permit - Application.

13.08.070 Permit - Conditions for
Revocation.

13.08.080 Responsibility for Damage to
Sewers-repair.

13.08.090 Unlawful connections.

13.08.100 Unlawful deposit.

13.08.110 Notice to Connect.

13.08.120 Licensed Plumbers or
Contractors Required.

13.08.130 Inspection Required.

13.08.010 Compliance with Sewer Regulations
Required.

A. For the purpose of this chapter, a public
sewer shall be deemed to be available to a building
if such sewer is within two hundred fifty (250) feet
of the nearest property line of the lot upon which
such building is located.

B. Pursuant to the authority of Section 4762 of
the Health and Safety Code of the state, the city
finds and declares that the maintenance or use of
private sewage disposal systems constitutes a public
nuisance and finds it to be in the public interest that properties to which a public sewer is available be
required to connect thereto. (Ord. 776 §1, 2009)

13.08.020 Construction Standards.

The city has adopted standard specifications and
details for construction of sewers and appurtenances,
which are on file in the office of the City Engineer.

Said standard specifications and details are referred
to and made a part of this code by reference as well
as the most recent version of the Uniform Plumbing
Code. For good cause, the City Engineer may, in
his sole discretion, allow deviations from the
adopted standard specifications and details. (Ord.
776 §1, 2009)

13.08.030 Connection Required When.

A. When a public sewer becomes available, as
defined in Section 13.08.010, to a building served
by a private sewage disposal system, the owner
shall connect the building to the public sewer
within six (6) months after public sewer is
available. This time frame may be extended by the
City Engineer, in his sole discretion, upon a
showing of good cause.

B. Where septic tanks or any private septic
systems or equipment are abandoned as a result of
connecting any building to the public sewer, the
owner of the property to which such connection is
made shall properly abandon all such tanks,
systems or equipment according to all state and
local regulations within ninety (90) days after the
time of connecting to the public sewer. (Ord. 776
§1, 2009)

13.08.040 Connection Compliance Required.

A. All connections of private drains or sewers
within the public sewer of the city shall be made in
accordance with this chapter and at the places
designated by the City Engineer.

B. All maintenance of a building connection
between the building and the city sewer main is the
responsibility of the lot owner or appropriate
owner's association exclusive of the city sewer
main.

C. Whenever any building connection is
broken such that earth and other materials must be
removed to remove the stoppage between the
building sewer system and the city sewer main, said
condition shall constitute a public nuisance, and the
repair must be completed within two (2) days from
the date of discovery of the breakage. If this is not
completed within this specified time frame, the City
Engineer may cause the deficiency to be abated and
cause the cost of such abatement to be made a lien
Sewer Connections 215 9/09

13.08.040
upon the affected property, which lien may be
foreclosed in court or collected together with the
regular property taxes on said property. (Ord. 776
§1, 2009)

13.08.050 Permit - Required.

A. No person or corporation shall make any
connection with any part of the public sewers or
opening into such public sewers without the written
permit of the City Engineer.

B. 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 or sewer
lateral, except when it is necessary to replace any
part of such sewer. (Ord. 776 §1, 2009)

13.08.060 Permit - Application.

Except as provided in Section 13.08.050, any
person desiring to perform work involving sewers
shall make a request in writing to the city, providing
specific details of the proposed work and any other
such information as the city may require. The work
to be performed shall be done in accordance with
city standards and codes. Approval of the proposed
work will be issued in the form of an encroachment
permit, a building permit, approved subdivision
plans or other permit applicable to the overall
project involved. The applicant shall pay all such
permit and inspection fees associated with the
approval. (Ord. 776 §1, 2009)

13.08.070 Permit - Conditions for Revocation.

All permits to connect with the sewers shall be
given upon the express conditions that the city
engineer may at any time before the work is
completed revoke and annual the same unless the
work is done in accordance with the provisions of
this chapter. No person or party interested shall
have any right to claim damages in consequence of
such permit being revoked or annulled. Such work
shall be done strictly in accordance with the terms
of the permit. (Ord. 776 §1, 2009)

13.08.080 Responsibility for Damage to
Sewers-repair.

A. The applicant to whom a permit for construction
has been issued and the person performing the work
under such permit shall be liable for all damages.

Such applicant shall hold the city and its employees
and agents harmless from all loss, including
expenses incurred in defending any action against
the city arising out of such construction work.

B. The applicant shall be liable for defects in
the work and for any failure, which may develop in
the facilities because of defective work or materials.

C. The cost of repairing the damage if not paid
by the person causing the same within thirty days
shall become a lien upon the property owned or
occupied by the person causing the damage, and
may be foreclosed in the same manner as claims for
labor or materials under the lien laws of the state,
except that no equity of redemption shall apply.
(Ord. 776 §1, 2009)

13.08.090 Unlawful connections.

No person or corporation shall connect any
open gutter, cesspool, privy, vault or cistern with
any public sewer or with any private sewer
connecting with a public sewer. (Ord. 35 § 10,
1949)

13.08.100 Unlawful deposit.

No person or corporation shall deposit any
garbage, offal, dead animals, sand, rags, potato
peelings, vegetable offal, or any substance having a
tendency to obstruct the flow of sewage in any
manhole, water closet, sink, or any other plumbing
fixture or fixtures connected with the sewer system
of the city. This provision shall apply to garbage
disposal units connected with the public sewers.
(Ord. 35 § 10, 1949)

13.08.110 Notice to Connect.

A. It shall be the duty of the City Engineer to
notify in writing all persons owning or occupying,
Sewer Connections 216 9/09

13.08.100
or having under his or her control any premises
situated or being within two hundred fifty feet of a
public sewer in the city, where the City Engineer
has determined that the premises are in an unsafe
condition, to connect their private drains, water
closets, basins, sinks, baths, and other plumbing
fixtures with such sewer in the manner provided for
in this chapter.

B. Any person owning or occupying, or having
under his or her control any premises as provided in
this section who shall fail, refuse or neglect to
commence work within ten days from the date of
service of the aforesaid notice and diligently and
without interruption prosecute the same to
completion shall forfeit as a penalty therefore the
sum of twenty-five dollars for each day's delay in
commencing the work after the expiration of the ten
days' notice as aforesaid and after commencement
thereof. Such penalty shall be recovered for the use
of the city by prosecution and the court having
jurisdiction thereof, and shall be paid into the
treasury of the city to the use of the city. Should the owner or occupant or person having under his or her
control such premises still fail, neglect or refuse to
connect their private drains, sinks and privies with
such sewer the City Engineer may order the
performance of the work and the costs thereof shall
be recoverable in an action brought in the name of
the city for such purpose or the costs of such work
may be paid from moneys recovered as a penalty
under this section. (Ord. 776 §1, 2009)

13.08.120 Licensed Plumbers or Contractors
Required.

No person or persons except licensed plumbers
or contractors or one to whom a permit has been
especially granted by the city for the doing of such
work shall be permitted to connect any private drain
from any building premises or fixtures with the
public sewer system of the city. (Ord. 776 §1, 2009)

13.08.130 Inspection Required.

No connection with the public sewers shall be
completed or covered until an opportunity for
inspection has been afforded to the City Engineer or
his designee, and any work covered or concealed
prior to inspection shall be uncovered and opened at
the expense of the person so covering or concealing
the same, provided that in all of the connections
with the public sewers, all work shall be done in
accordance with the most recent plumbing code
adopted as the official code of the city by the city
council, copies of which most recent plumbing code
are on file in the office of the city clerk, and are
available for inspection as to the requirements
pertaining to such work. (Ord. 776 §1, 2009)
Sewer System Rates & Charges 6/06 218

13.12.010
Chapter 13.12

SEWER SYSTEM RATES

AND CHARGES
Sections:

13.12.010 Definitions.

13.12.020 Commercial and Industrial
sewer service charges.

13.12.030 Residential sewer service
rates.

13.12.040 Sewer connection charges.

13.12.050 Payment of service charges.

13.12.060 Responsible person
designated.

13.12.070 Increase or decrease of
charges.

13.12.080 Rebates.

13.12.090 Advance payment discounts.

13.12.100 Sewer rules and regulations.

13.12.110 Enforcement authority and
procedures.

13.12.120 Appeal.

13.12.130 Action to enforce payment.

13.12.140 Violation — Penalty.

13.12.010 Definitions.

For the purpose of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as follows:

A. “Biochemical oxygen demand (BOD)”
means the quantity of oxygen required by sewage
for biochemical oxidation in five days at twenty
degrees Centigrade in milligrams per liter by
weight (mg/l).

B. “City administrator” means the city
administrator of the city of Ripon, or such other
person as may be designated by the city
administrator to perform any services or make
any determinations permitted or required in this
ordinance to be made by the city administrator.

C. “City engineer” means the city engineer
of the city of Ripon, or such other person as may
be designated by the city engineer to perform any
services or make any determinations permitted or
required in this chapter to be made by the city
engineer.

D. “Commercial user” means any user not
defined as residential or industrial user.

E. “Duplex” means a building containing
two dwelling units.

F. “Dwelling unit’ means a suite of one or
more rooms which is occupied by, or intended to
be occupied by, one family, with its own kitchen
and bathroom facilities.

G. “Industrial sewer system” means the
facilities for the collection, treatment and
disposal of industrial waste.

H. “Industrial user” means any user engaged
in the business of processing or manufacturing
agricultural products, animals, poultry, goods,
wares or other products or materials who
processes or manufactures the same for the
purpose of sale, resale or delivery in the
processed or manufactured form.

I. “Industrial waste” means liquid and/or
solids containing liquid other than sanitary
sewage and discharged into the industrial sewer
system.

J. “Mobile home park” means any area or
tract of land where two or more spaces are rented
or leased, or held for rent or lease to
accommodate mobile homes.

K. “Mobile home space” means each space
in a mobile home park designed to be used for
parking a mobile home on a temporary semipermanent or permanent basis.

L. “Mobile home subdivision” means any
area or tract of land improved to subdivision
standards with mobile home lots.

Sewer System Rates & Charges 6/06 219

13.12.010
M. “Outside user” means any person
responsible for the payment of sewer charges for
any premises outside the city limits.

N. “Owner” means the person owning the
fee or record title to any premises as shown by
the official records of the county recorder of San
Joaquin County.

O. “Person” means and includes any natural
person, corporation, partnership, trust, or any
other legal entity.

P. “Premises” means any lot, piece or
parcel of land, building or other structure, or any
part of any building or structure used for human
habitation, or gathering, or carrying on any
business, industry or occupation.

Q. “Residential user’ means any user whose
premises are used solely for residential purposes.

R. “Sanitary sewage” means waste
discharging into the city sanitary sewer system
and which contains human or animal excreta.

S. “Sanitary sewer system” means the
facilities for the collection, treatment and
disposal of sanitary sewage.

T. “Sewage” means industrial waste or
sanitary sewage, or both.

U. “Sewer disposal service” means the
services and facilities for the collection, treatment
and disposal of industrial waste and sanitary
sewage.

V. “Sewer service charge” means a charge
established to pay the cost of operation,
maintenance, expansion and improvement of the
industrial and sanitary sewer system.

W. “Suspended solids” means the solids that
either float on the surface of or in suspension in
water, sewage or other liquids, and which are
removable by laboratory filtering, expressed in
milligrams per liter (mg/l) by weight. (Ord 277
§1, 1979)

13.12.020 Commercial and Industrial Sewer
Service Charges
The monthly sewer service charge for
commercial and industrial use within the City
limits shall, wherever practicable, be based upon
flow. The City Engineer may require commercial
and industrial users to install flow meter
equipment to accurately determine flows.

Monthly sewer service charges shall be
determined as follows:

A. Flat Rate Method. For commercial and
industrial users discharging commercial and
industrial waste to the sewer system of the City,
a Minimum Base Rate of $16.11 shall be
charged. For users without flow meters, there
shall be charged an additional amount of $7.91
for electrical costs of aeration, and $25.55 for
rehabilitation of the facility to meet current
effluent standards. Thus, the total Flat Rate
Charge for commercial and industrial users
without flow meters shall be $49.57. The
Minimum Base Rate and the Flat Rate Charge
shall automatically be adjusted annually based
upon the increase or decrease in the Bay Area
CPI Index.

B. Flow Charge Method. For commercial
and industrial users with flow meters discharging
commercial and industrial waste to the sewer
system of the City, a Minimum Base Rate of
$12.77 shall be charged. In addition, Flow
Charges shall be charged as follows:

1. A Flow Charge of $1.00 per 1,000 gallons
of water used.

2. A Flow Charge for Biochemical Oxygen
Demand (“BOD”) of $110.00 per 1000 lbs.

3. A Flow Charge for Suspended Solids
(“SS”) of $120.00 per 1,000 lbs.

The monthly sewer service charge shall be the
total of the Minimum Base Rate and all Flow
Sewer System Rates & Charges 6/06 220

13.12.020
Charges. The Minimum Base Rate and the Flow
Charges shall automatically be adjusted annually
based upon the increase or decrease in the
Engineer’s News Record Index.

C. Alternative Methods.

1. As an alternative to the installation of flow
meters, existing commercial and industrial users
which do not presently have flow meters installed
may request, in lieu of paying the Flat Rate
Charge, that the City Engineer calculate an
alternative sewer rate based upon the number of
fixtures (i.e. sinks, toilets, etc) utilized on their
property.

2. For purposes of computing the amount of
water used pursuant to Section 13.12.020 (B)(1),
commercial and/or industrial users may request
that the City Engineer allow a reduction based on
the amount of water used by such business but
not actually discharged into the domestic sewer
system (including, but not limited to, water used
for landscaping, irrigation, evaporation or other
consumption). The City Engineer’s
determination shall be binding and conclusive.
(Ord. 649 §1, 2001)

13.12.030 Residential Sewer Service Rates
Every person whose premises in the City is
served by a connection with the sewer system of
the City whereby domestic sewage is disposed of
by the City either through the domestic sewer
system or otherwise, and who is classified as a
residential user shall pay a sewer service rate as
follows:

A. For single family dwellings, a rate of
$13.43 per month.

B. For each dwelling unit in a duplex, a rate
of $13.43 per month.

C. For each dwelling unit in an apartment
building, other type of multiple dwelling group,
or mobile home space in a mobile home park, a
rate of $13.43 per month.

D. For each separate detached apartment or
dwelling unit as defined in this Chapter which is
a part of a retirement home complex, a rate of
$1.01 per month. For retirement home occupants
not occupying a separate dwelling unit or
detached apartment, a rate of $2.94 per month.

E. Rate Reduction. A discount of 20% shall
be granted to qualified Owners or Occupants
whose household income qualifies as “very low
income” as defined in Section 16.194.020 of this
Code. A discount of 10% shall be granted to
qualified Owners or Occupants whose household
income qualifies as “ lower income” as defined in
Section 16.194.020 of this Code. Owners or
Occupants seeking the discount set forth in this
subsection shall present adequate proof of income
status to the City Clerk, whose decision shall be
final. (Ord. 649 §1, 2001; Ord. 727 §1, 2005)

13.12.040 Sewer connection charges.

A. Sewer Connection charges, as amended
by resolution, are set out in the Fee Schedule at
the end of this code.

B. The commercial or industrial connections
shall be determined by the city administrator of
the city and shall be a reasonable fee based upon
all applicable facts pertaining to the particular
connection and the cost to make such connection
and any and all facts as submitted by the users in
connection with the sewer system. Any such
connection charge shall be subject to the right of
appeal to the city council of the city by the user
who shall file an appeal in writing with the city
clerk ten days after first being notified in writing
by the city administrator of the proposed
industrial or commercial connection charge. The
city council, upon receiving such appeal shall
immediately bring the matter on for hearing
before the city council within thirty days of the
receipt of the appeal. The decision of the city
Sewer System Rates & Charges 6/06 221

13.12.040
council as to the commercial or industrial
connection charge to be make shall be final. (Ord.
277 § 4, 1979)

13.12.050 Payment of service charges.

A. Charges for sewer service to users shall
begin on the first of the month following
completion or occupancy of a residence, building
or industrial plant, whichever date shall first
occur.

B. All charges for sewer service become
delinquent ten days after the close of the billing
period for sewer service charges. (Ord. 277 § 5,
1979)

13.12.060 Responsible person designated.

All sewer service charges shall be billed to
the following persons:

A. In the case of any person whose premises
are connected with the city water system, than to
the person who requested such connection to the
city water system or to his successor in interest or
to any person requesting that such bill be charged
to him;
B. In the case of any person whose premises
are not connected to the city water system, then
to the person who requested the connection to the
sewer service or his successor in interest, or if no
such request was made, then to the owner of
record of such premises on the date when the
premises were connected to the sewer service or
to the successor in interest to such person or to
any person requesting that such bill be charged to
him;
C. On premises served with city water, the
charge for sewer service shall be added to the
charge for water service and the billing therefor,
and payment of the total amount must be make in
accordance with the provisions regulating the
payment of water service charges;
D. On premises not served with city water,
the billing for sewer service charges shall be
made insofar as practical in accordance with the
city's procedure for billing charges for water
services, or if not practicable, they shall be as
determined by the city administrator;
E. Upon failure of a user to pay any applicable
fee or charge set forth in this chapter which is
delinquent, or if the user shall violate any other
provision of this chapter, any one or more of the
following actions authorized in this section may
be taken by the City to enforce such payment or
correct such violation: in each case where all or
any part of any users fee or charge remains
unpaid for twenty-five days after the date of
billing, it shall then be deemed delinquent, and a
basic penalty of 10% of the total amount of such
bill shall be added to such bill for the first month
of delinquency. In addition, an amount equal to
1% per month of the total amount of such bill
thereafter shall be charged for each month during
the time that said bill shall remain unpaid after its
original delinquent date and the user's account
remains in an open status. (Ord. 515 § 3, 1994)

13.12.070 Increase or decrease of charges.

Rate Modifications. Any fees or charges set
forth in this Chapter, including applicable price
indices, may be modified, changed or eliminated
by adoption of a resolution of the City Council,
in compliance with applicable law. All fees
contained and set forth in any of the provisions of
Chapter 13.12 shall be adjusted annually as of the
first day of January of each year hereafter to
reflect any increase or decrease as shown in the
Bureau of Labor Statistics, Modesto Region
“Consumer Price Index, West Urban CPI-U All
Items, 12 Month % Change.” (Ord. 727 §1, 2005)
Sewer System Rates & Charges 6/06 222

13.12.080

13.12.080 Rebates.

All sewer disposal service revenues collected
shall be retained by the city regardless of the date
of termination of sewer service, and no rebate
shall be made for any mid-month disconnection.
(Ord. 277 § 13, 1979)

13.12.090 Advance payment discounts.

A discount of not to exceed five per-cent
may be given by the administrative officer for all
accounts paid annually in advance, on or before
February 10th of any calendar year. (Ord. 277 §
17, 1979)

13.12.100 Sewer rules and regulations.

A. No person shall discharge or allow the
discharge of or dump sanitary sewage or
industrial wastes or other waste matters into the
sewage system except in compliance with the
terms of this chapter and upon payment of the
fees as provided in this chapter.

B. No person shall discharge or allow the
discharge of any toxic or flammable material or
any other material which would be injurious to
sewer treatment processes or to the conduits
carrying domestic or industrial wastes.

C. No person shall connect property to the
sewer disposal system without first obtaining the
consent of the city and paying all fees and
charges as imposed by the city.

D. The value of BOD to be used in
determining the strength of waste of an industrial
user may be determined by the city based upon
the average of at least four grab samples taken at
reasonable intervals during the billing period.

E. The city shall have the right to prohibit the
discharge into the sewer service of any petroleum
products, waste by-products, or combustible
by-products, or materials in quantities which may
be hazardous or injurious to the sewer system or
its operation, as well as any industrial waste
containing any toxic or poisonous substance in a
sufficient quantity to interfere with the biological
processes or that would pass through the sewer
service treatment plant and which may in the
opinion of the city engineer cause damage
thereto. (Ord. 277 § 8, 1979)

13.12.110 Enforcement authority and
procedures.

A. The city administrator shall insure
enforcement of this chapter by coordinating the
actions of all city departments concerned.

B. In the event of a violation of any of the
terms of this chapter or any rules or regulations
established under this chap-ter, the city
administrator shall notify in writing the person
causing, allowing or committing such violation,
specifying the violation and, if applicable, the
time after which, upon the failure of such per-son
to prevent or rectify the violation, that the city
will exercise its authority to disconnect the
system from the municipal water system and/or
the sewage system; provided, that such time shall
not be less than five days after deposit with
postage paid of such notice in the United States
Post Office at Ripon, addressed to the person to
whom notice is given; provided further, however,
that in the event such violation results in a public
hazard or menace, then the city administrator may
immediately enter upon the premises without
notice and do such things and spend 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.

C. In any case where a bill for sewer service
charges shall become delinquent, the city
administrator may cause the premises to be
disconnected from the water system, and he may
also disconnect the premises from the sewage
Sewer System Rates & Charges 6/06 223

13.12.110
system. Whenever premises have been
disconnected from either the water or sewage
system for the nonpayment of sewer service
charges, such premises shall not be reconnected
to either the water system or the sewage system
until all delinquent fees have been paid, together
with such reasonable charges for reconnection as
may be established from time to time by the city.

D. Each sewer service charge levied by or
pursuant to this chapter on any premises within
the city is made a lien upon such premises, and
any steps authorized by law may be taken by the
city to enforce payment of such lien.

E. Upon the failure of any user to pay any
sewer service charge prior to delinquency, or to
comply with the terms of this chapter or any rules
and regulations, any one or more of the actions
authorized in this section or which may be
required may be taken by the city or city
officials to enforce such payment or compliance,
subject to the notice provisions as set forth in this
section. (Ord. 277 § 7, 1979)

13.12.120 Appeal.

Any person aggrieved by the interpretations,
applications or the requirements of the provisions
of this chapter may appeal to the city council by
filing a written notice of appeal with the city
clerk, setting forth the objections. After hearing
the objections of such per-son, as soon as the
same can be heard, and giving due consideration
thereto, the council shall make its decision on the
matters contained in the appeal, and its decision
shall be final and conclusive. (Ord. 277 § 11,
1979)

13.12.130 Action to enforce payment.

As an alternate to any other procedures
provided in this chapter or given by law, the city
may bring an action against the owner, occupant,
user or lessee of the premises to whom the sewer
service was rendered for the collection of the
amount of the delinquent rate and charge and the
costs of collection. (Ord. 277 § 14, 1979)

13.12.140 Violation—Penalty.

Any person violating any of the provisions of
this chapter shall be deemed guilty of a
misdemeanor, and upon conviction thereof, shall
be punished as provided in Chapter 1.08 of this
code. (Ord. 277 § 15, 1979)

Sewer CommitteeAugust 30, 2022

Sewer Committee
August 30, 2022