Ordinance No. 524-10ORDINANCE NO. 524-10
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
ADDING SECTION 3.1.55 OF THE ADMINISTRATIVE CODE REGARDING
SUSPENSION OF WATER SERVICE CHARGES FOR VACANT PROPERTIES
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility
District, County of El Dorado, State of California, as follows:
SECTION 1— POLICY AND PURPOSE
The purpose of this Ordinance is to add certain provisions to the Administrative
Code regarding the suspension of regular water service charges for properties that are
vacant.
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 of El
Dorado, State of California, make the following findings:
1. In imposing water service charges, the District's Administrative Code, as
it presently exists, does not distinguish between improved properties and vacant
properties.
2. So long as provisions are made to ensure that no water service can be
physically received upon a vacant property, as defined in the proposed addition to the
Administrative Code, the District will incur no costs related to the provision of water
service to such a vacant property.
3. The proposed addition to the Administrative Code will relieve the owners
of vacant properties that are not receiving water service from the payment of water
service charges.
4. The Board has determined that it is in the best interest of the District's
customers to adopt an ordinance adding certain provisions to the Administrative Code
providing for suspension of water service charges to vacant properties.
SECTION IV — ADD SECTION 3.1.55 OF THE ADMINISTRATIVE CODE
Administrative Code Section 3.1.55. to be added as follows:
Section 3.1.55 Suspension of Water Service Charges for Vacant Properties.
(a) Upon a parcel owner's request, the District will suspend water service charges for the
parcel during any period in which the parcel qualifies for such treatment under *his
section 3.1.55. A legal parcel will be considered a "vacant property" for the purposes of
this section 3.1.55 if it meets the following criteria: the parcel does not contain any type
of structure, including any outbuildings; the parcel is not subject to any active building
permits issued by any city, county or other political subdivision of the State; and the
parcel is not receiving irrigation water service through any irrigation hydrant. A parcel's
water service need not be physically disconnected from the District's water main in order
to qualify as a vacant property.
(b) The District will provide a form pursuant to which the owner of a vacant property
may request that the District suspend water service charges for a parcel during any period
in which the parcel qualifies for treatment as vacant property under this section 3.1.55.
The form must include a declaration by the owner that the parcel meets the criteria for
being deemed vacant property and must describe the circumstances under which the
parcel came to be vacant. Within 30 days, District staff shall inspect the parcel and
determine whether the parcel qualifies as a vacant property and thus is entitled to
suspension of water service charges. If an irrigation water hydrant is located on the
parcel, the parcel will not be considered a vacant property until the hydrant has been
removed and the District has conducted an inspection to verify removal.
(c) During any period in which the parcel qualifies as a vacant property, as described in
this section 3.1.55, the District shall impose no water service charges upon the parcel.
The suspension of such water service charges shall apply to the entire quarter in which
the parcel is deemed to qualify as vacant property.
(d) Upon the District's approval of the parcel owner's plans for a new structure upon the
parcel, the parcel will no longer be considered vacant property. At such time, the District
Ordinance No. 524 -10
Suspension of Water Service Charges for Vacant Properties
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will resume the imposition of water service charges for the parcel. The imposition of
water service charges for the parcel shall not include any connection or reconnection fee
if the parcel remained connected to the District's water main during the period that it was
considered a vacant property.
SECTION V — 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 of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be
determined to be unconstitutional or invalid.
SECTION VI — EFFECTIVE DATE
This Ordinance adding the above referenced sections to the Administrative Code
shall take effect thirty days after its passage.
040 PASSED AND ADOPTED the Board of Directors of the South Tahoe Public
Utility District at its duly held regular meeting on the 7th day of October, 2010, by the
following vote:
AYES: Directors Cefalu, Mosbacher, Rise, Schafer
NOES: None
ABSENT: Jones
()2 R
Dale Rise, President
South Tahoe Public Utility District
ATTEST:
athy Sharp, jerk of the Boaid
Ordinance No. 524 -10
Suspension of Water Service Charges for Vacant Properties
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