Ordinance No. 516-09
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ORDINANCE NO. 516-09
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
ADDING SECTIONS 1.1.84.1, 1.1.84.2, 1.1.84.3, 1.1.84.4, 1.1.84.5,3.1.18.5,4.3.2.1,
4.3.2.2,4.3.2.3, AMENDING SECTIONS 1.1.5, 1.1.21, 1.1.65, 1.1.84, 1.1.90,3.1.15,
3.1.16,3.1.18,3.1.19,3.1.21,3.2.7,4.3.2,4.7.2,4.7.3, 6.1.8, 6.2.1 AND DELETING
SECTION 3.1.17 OF THE ADMINISTRATIVE CODE REGARDING
MUL TIPLE SERVICE
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility
District, County of EI Dorado, State of California, as follows:
SECTION 1 - POLICY AND PURPOSE
The purpose of this Ordinance is to adopt certain changes to the Administrative
Code regarding the requirement for the installation of water and sewer services to and the
billing, for the same, of multifamily dwellings.
SECTION II - DEFINITIONS
For the purposes of this Ordinance, the terms used herein are defined as follows:
A.
The District - The South Tahoe Public Utility District.
B. The Board - The Board of Directors of the South Tahoe Public Utility
District.
C. Administrative Code - The compilation and codification of all of the
Administrative, Water, Sewer, Street Lighting and Groundwater
Management Plan Ordinances of the District, which establish the authority
and the principles for the decisions of the District, and provide the public
with guidelines applicable to District operations.
SECTION III - FINDINGS
The Board of Directors of the South Tahoe Public Utility District, County ofEI
Dorado, State of California, make the following findings:
1. The District serves many common interest developments, including
apartment complexes and condominium projects. The District anticipates that a
significant component of the future development within its service territory will consist
of Common Interest Developments.
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2. The development of new Common Interest Developments in the District's
service territory creates a unique set of concerns with respect to District's provision of
water and sewer service to these properties. The District's Administrative Code does not
address this type of occupancy, resulting in unclear terms and conditions upon which the
District must rely upon to provide water and sewer service.
3. The District proposes to amend the Administrative Code to allow both a
single water and single sewer connection to common interest developments. Under the
proposed amendments, the owner of the common interest developments or the
homeowners association managing that common interest developments, if applicable,
would be responsible for the potable water distribution facilities downstream of the
connection or the sewer collection facilities upstream of the connection to the District's
facilities, as applicable. The owner or homeowners association would also be responsible
for payment for all water and sewer charges associated with the master connection.
4. The proposed amendments are designed to reduce the District's costs and
liabilities while increasing its efficiency and quality of service. The amendments would
also relieve developers of the additional costs associated with the installation of separate
services to each unit within a common interest development.
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5. The Board has determined that it is in the best interest of the health and
safety of District residents to adopt an ordinance to add certain provisions to the
Administrative Code regarding the installation of water and sewer services to and the
billing, for the same, of common interest developments.
SECTION IV - ADD SECTIONS 1.1.84.1, 1.1.84.2, 1.1.84.3, 1.1.84.4, 1.1.84.5,
3.1.18.5,3.2.7,4.3.2.1,4.3.2.2,4.3.2.3 TO THE ADMINISTRATIVE CODE
Administrative Code Sections 1.1.84.1, 1.1.84.2, 1.1.84.3, 1.1.84.4, 1.1.84.5,
3.1.18.5,4.3.2.1,4.3.2.2,4.3.2.3 to be added as follows:
"1.1.84.1 "Common Interest Development" shall have the same meaning as
defined in Cal. Civil Code Section 13 51 (c), or its successor provision, if any, which
includes: 1) a community apartment project, 2) a Condominium Project, 3) a planned
development and 4) a stock cooperative, as so defined."
"1.1.84.2 "Condominium" is an undivided interest in common in a portion or
portions of real property coupled with a separate interest in a Dwelling Unit, the
boundaries of which are described on a recorded final map, parcel map, or condominium
plan in sufficient detail to locate all boundaries thereof. An individual Condominium
within a Condominium Project may include, in addition, a separate interest in other
portions of the real property."
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"1.1.84.3 "Condominium Project" is a development consisting of
Condominiums. "
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Multiple Service
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"1.1.84.4 "Dwelling Unit" is a structure used exclusively for residential purposes
with one or more rooms, consisting of at least one (1) kitchen and one (1) or more
bathrooms designed for single family use."
"1.1.84.5 "Homeowners Association" is a nonprofit corporation or
unincorporated association created for the purpose of managing a Common Interest
Development. "
"3.1.18.1 Multiole Service. A Common Interest Development, which consists of
two or more assessors' parcels and will be managed by a Homeowners Association, shall
install and maintain one service connection and metering device, provided, however, that
the District may limit the number of Dwelling Units that may be supplied through one
service connection or device. A Common Interest Development, which consists of two
or more assessors' parcels and is not or will not be managed by a Homeowners
Association, shall install and maintain a separate service connection and metering device
to each Dwelling Unit within the development. Notwithstanding the above, the developer
of a Common Interest Development may elect, at his or her cost, to have installed and
maintained a separate service connection and metering device for each Dwelling Unit
within the development. In such case, the developer shall be responsible for securing to
the District all access easements the District deems necessary, prior to connection to the
District's water system."
"3.1.18.2 Existine Connections. All water connections, existing as of the
effective date of Ordinance 516-09, which do not meet the requirements of Sections
3.1.15-3.1.20, but were approved when installed and have otherwise been in compliance
with the District's rules and regulations, shall be excluded from the requirements of those
Sections until the occurrence of a "qualifying event." The following events shall be
considered qualifying events requiring compliance with Sections 3.1.15-3.1.20: (a)
application for new water service, (b) request for a change of account name, (c) request
for an "Intent to Serve Letter" or "Can And Will Serve Letter", (d) the District's receipt
of notification from the County of EI Dorado, City of South Lake Tahoe, or an applicant,
that application has been made for a building permit, (e) in the case ofa Common Interest
Development for which, pursuant to section 6.2.1, a Homeowners Association is
responsible for payment of District water bills, the dissolution of that Homeowners
Association; or (f) any other requested modification of water service to the Common
Interest Development."
"3.2.7 Multiole Residential. Waterlines shall be maintained by the Owner, as
defined in the District's Administrative Code, of the property served thereby. Where no
Homeowners Association exists for a Common Interest Development, the maintenance of
waterlines is the joint and several responsibility of the owners of the property/Dwelling
Units served thereby. The District's responsibility for such a waterline is limited by
Sections 3.2.2 and 3.2.3, as applicable."
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Multiple Service
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"4.3.2.1 Common OwnershiD. Two or more Dwelling Units or Buildings under
common ownership and on the same lot or parcel of land shall be connected through the
same connection to a public sewer, provided, however, that the District may limit the
number of Dwelling Units or Buildings under common ownership that may be connected
by one service connection."
"4.3.2.2 Subdivided Parcel. Except as provided in Section 4.3.2.3, when a parcel
provided with a service connection to a public sewer is subdivided, that service
connection shall be designated to the lot or parcel from which it connects to the District's
system, and each other lot or parcel shall require a new service connection."
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"4.3.2.3 Multiole Service. A Common Interest Development, which consists of
two or more assessors' parcels, and is or will be managed by a Homeowners Association,
shall install and maintain one service connection, provided, however, that the District
may limit the number of Dwelling Units that may be connected through one service
connection or device. A Common Interest Development, which consists of two or more
assessors' parcels and is not or will not be managed by a Homeowners Association, shall
install and maintain a separate service connection to each Dwelling Unit within the
development. The developer of a Common Interest Development may elect, at his or her
cost, to have installed and maintained a separate service connection for each Dwelling
Unit within the development. In such case, the developer shall be responsible for
securing to the District all access easements the District deems necessary, prior to
connection to the District's sewer system."
"4.3.2.4 Existine Sewer Connections. All sewer connections, existing as of the
effective date of Ordinance 516-09, which do not meet the requirements of this Section
4.3.2, but were approved when installed and have otherwise been in compliance with the
District's rules and regulations, shall be excluded from the requirements of this Section
until the occurrence of a "qualifying event." The following events shall be considered
qualifying events requiring compliance with Section 4.3.2: (a) application for new sewer
service, (b) request for a change of account name, (c) the District's receipt of notification
from the County of EI Dorado, City of South Lake Tahoe, or an applicant, that
application has been made for a building permit, (d) in the case of a Common Interest
Development for which, pursuant to section 6.2.1, a Homeowners Association is
responsible for payment of District sewer bills, the dissolution of that Homeowners
Association; or (f) any other requested modification of sewer service to the Common
Interest Development.
SECTION V - AMEND SECTIONS 1.1.5, 1.1.21, 1.1.65, 1.1.84, 1.1.90,3.1.15,
3.1.16,3.1.18,3.1.19,3.1.21,3.2.7,4.3.2,4.7.2,4.7.3, 6.1.8, 6.2.1 OF THE
ADMINISTRATIVE CODE
Administrative Code Sections 1.1.5, 1.1.21, 1.1.63, 1.1.84, 1.1.90,3.1.15,3.1.16,
3.1.18,3.1.19,3.1.21,3.2.7,4.3.2,4.7.2,4.7.3,6.1.8, 6.2.1 to be amended as follows:
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Ordinance No. 516-09
Multiple Service
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"1.1.5 "Apartment" is a single Dwelling Unit within a structure or complex
under one ownership with multiple Dwelling Units, whether adjoined or freestanding."
"1.1.21 "Building" is any structure used as a place of business, recreation or
other non-dwelling purpose containing water or sanitary facilities."
"1.1.65 "Single Family Home" is a separate, free standing single residential
Dwelling Unit.
"1.1.84 "Multiple Service" shall mean the furnishing of water or wastewater
services for residential purposes to a Common Interest Development."
"1.1.90 "Owner" is the legal owner of record of real property, except in a
Common Interest Development, in which case, the Homeowners Association, if one
exists, shall be treated as the owner."
"3.1.15 Separate Service and Meterine Device. Except as otherwise provided
herein, each Dwelling Unit or Building under separate ownership or on a separate legal
parcel shall install and maintain a separate service and metering device."
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"3.1.16 Common Ownership. The owner oftwo or more Dwelling Units or
Buildings located on the same lot or legal parcel of land shall install and maintain one
service connection and metering device to serve those Dwelling Units or Buildings,
provided, however, the District may limit the number of dwelling units or buildings under
common ownership which may be supplied by one service connection or device."
"3.1.18 Subdivided Parcel. Except as provided in Section 3.1.18.5, when a
parcel provided with a service connection and metering device is subdivided, that service
connection and metering device shall be designated to the lot or parcel which it enters,
and each other lot or parcel shall require a new service connection and metering device."
"3.1.19 Correction of Water Service Connections. Where, contrary to the
requirements of Section 3 .1.15, two or more Dwelling Units or Buildings on lots or
parcels owned by different persons are found to be supplied through the same service
connections and metering devices, the person who owns the lot or parcel initially entered
by the service connection and metering device shall disconnect or abandon the service to
the lots or parcels owned by other persons. The person who owns the lot or parcel for
which there is no separate service connection and metering device may apply to the
District for a separate service connection and metering device, and pay all associated
fees, costs and expenses."
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"3.1.21 Dutv to ReDort. It shall be the duty of each Owner of property connected
to the District's water system to report to the District all service connections or changes
in use to District's water system. Any service connections or changes in use which are
not so reported shall be deemed to have been connected to the District's water system
from the date, as determined by the District, that the property first connected to the
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District's water or sewer system. For the purposes of this section, a change in use shall
include, but is not limited to, the subdivision of a parcel and subsequent creation of a
Homeowners Association."
"4.3.2 Separate Sewers. Except as otherwise provided herein, each Dwelling
Unit or Building under separate ownership or on a separate parcel must be separately
connected with a public sewer if such public sewer exits in the street upon which the
property abuts or in an easement which will serve said property."
"4.7.2. Maintenance of Sewer Laterals. Sewer laterals shall be maintained by the
Owner, as defined in the District's Administrative Code, of the property served thereby.
Where no Homeowners Association exists for a Common Interest Development, the
maintenance of the sewer lateral is the joint and several responsibility of the owners of
the property served thereby."
"4.7.3 Maintenance of Pretreatment Facilities. Where preliminary treatment
facilities are provided for any waters or wastes, they shall be continuously maintained by
the Owner, as defined in the District's Administrative Code, in the efficient operation, at
such Owner's expense. Where no Homeowners Association exists for a Common
Interest Development, the maintenance of preliminary treatment facilities is the joint and
several responsibility of the owners of the property served thereby."
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"6.1.8 Notification. Except as provided in this Section 6, notification and billing
shall be sent to the Owner, as defined in the District's Administrative Code, furnished
water, sewer, special and or/or street lighting services at the address of the Owner shown
on the last equalized assessment roll ofEI Dorado County, unless the Owner notifies the
District of a different address. Where no Homeowners Association exists for a Common
Interest Development, all notifications will be sent to each of the owners of the property
served thereby."
"6.2.1 Responsibilitv for Pavment. Payment for all water, sewer, special and
street lighting service charges shall be the responsibility of the following:
a) Applicant. The person applying for service; and
b) Owner. In the event of delinquency, the Owner, as defined in the
District's Administrative Code, whether or not the Owner is also the applicant. Where no
Homeowners Association exists for a Common Interest Development, all service charge
payments are the joint and several responsibility of the owners of the property served
thereby."
SECTION VI - DELETE SECTION 3.1.17 FROM THE ADMINISTRATIVE
CODE
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Administrative Code Section 3.1.17 is deleted.
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SECTION VII - SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance and its implementing rules and regulations is for any reason held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance or the Administrative Code. The Board of Directors declares
and determines that it would have passed section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof of this Ordinance and its implementing rules and
regulations and the Administrative Code irrespective ofthe fact that anyone or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be
determined to be unconstitutional or invalid.
SECTION VIII - EFFECTIVE DATE
This Ordinance amending the above referenced sections to the Administrative
Code shall take effect thirty days after its passage.
PASSED AND ADOPTED the Board of Directors of the South Tahoe Public
Utility District at its duly held regular meeting on the 19th day of March, 2009 by the
following vote:
AYES: Directors Mosbacher, Rise, Claudio, Jones, Schafer
NOES: None
ABSENT: None
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