Ordinance No. 525-10ORDINANCE NO. 525-10
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AMENDING SECTION 4.6.7 OF THE ADMINISTRATIVE CODE REGARDING
CHARGES AND FEES FOR UNREPORTED SEWER CONNECTIONS
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 adopt certain changes to the Administrative
Code regarding charges and fees for unreported sewer connections.
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. The District's Administrative Code imposes on property owners who have
installed but failed to report a sewer connection a sewer connection fee, three (3) years
back charges and several administrative fees and penalties.
2. However, the District's Administrative Code provides that if a property
owner can provide sufficient proof to the District that the unreported sewer
connections(s) existed prior to his or her purchase of the property, he or she is only
required to pay three (3) years of back charges and is not required to pay a sewer
connection fee or any administrative fees or penalties.
3. The proposed amendment is intended to reflect a change in the District's
policy toward property owners who can demonstrate to the District that the unreported
sewer connections(s) existed prior to their purchase of the property by removing the
requirement that three (3) years back charges be imposed on such property owners.
Under the new policy, any property owner who can demonstrate the unreported sewer
connection(s) existed prior to his or her purchase of the property will only be required to
pay the appropriate annual sewer service charge going forward.
4. The Board seeks to adopt this policy change because it does not wish to
require payment from property owners who unknowingly utilize unreported sewer
connections by requiring the collection of back charges from such property owners.
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 amend certain provisions of the
Administrative Code regarding charges and fees for unreported sewer connections.
SECTION IV — AMEND SECTION 4.6.7 OF THE ADMINISTRATIVE CODE
Administrative Code Section 4.6.7 to be amended as follows:
Unreported Connections and Discharges. Upon discovery of the unreported
connections and discharges to the District sewer system, the District shall charge all
current charges and fees, including all current connection charges, plus a ten percent
(10 %) basic penalty, up to three (3) years back charges for current sewer service fees, a
ten percent (10 %) penalty on such back charges, and the current administrative fee for
unreported connections and discharges. (Refer to Schedule No. 2, Section 4.5.8.) The
owner of said property may, at his option, abate the unreported connection(s)
immediately or pay all of the above charges and fees. If the owner elects to abate the
unreported connection(s), the District may only charge up to three (3) years back charge
for current sewer service fees. If the owner can demonstrate sufficient proof to the
District Customer Service Manager or authorized representative that the unreported sewer
connection(s) existed prior to the purchase of such property by owner, then the District
shall not impose any sewer connection fee, back charges, administrative fees or penalties
as to the unreported connection(s). As to the unreported connection, the District will
charge the appropriate annual service charge beginning with the day the District
discovered the unreported sewer connections(s). (Refer to Schedule No. 6, Section
4.5.12.) If the owner fails to complete any of the above options, all charges and fees shall
be deemed charges for the purposes of collection and enforcement, and the property shall
be subject to disconnection procedures for delinquent charges as provided in Section 6.6.
Ordinance No. 525 -10
Unreported Sewer Connection Fees and Charges
Page 2
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 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 18th day of November, 2010, by
the following vote:
AYES: Cefalu, Rise, Schafer
NOES: Jones
ABSENT: Mosbacher
C222:;z
Dale Rise, President
South Tahoe Public Utility District
ATTEST:
Kathy Sh , Clerk oft oard
Ordinance No. 525 -10
Unreported Sewer Connection Fees and Charges
Page 3
�Iribune
1 .0. Box 1888
Carson City, NV 89702
Phone (775) 881 -1201
Fax (775) 887 -2408
Account Number: #1067078
Legal Acct
South Tahoe Public Utility District
1275 Meadow Crest Dr.
South Lake Tahoe, CA 96150
Attn: Kathy Sharp
Rachel Renaud says:
That (s)he is a legal clerk of the TAHOE DAILY
TRIBUNE, a newspaper published Wednesday, Friday,
Saturday, at South Lake Tahoe, in the State of
California.
Ord. No. 525 -10
Ad# 5867807
of which a copy is hereto attached, was published in
said newspaper for the full required period of 1 time
commencing on November 26, 2010, and ending
November 26, 2010, all days inclusive.
STATEMENT:
Date
Amount
Credit
Balance
11/26/10
$391.48
$0.00
$391.48
Proof and
Statement of Publication
AFFIDAVIT OF POSTING
State of California )
)ss
County of El Dorado )
I, CL-r; s W1 k &/-, , being first duly sworn, deposes and says:
That for and on behalf of the Clerk of Board of the SOUTH TAHOE
PUBLIC UTILITY DISTRICT, affiant posted copies of Oo. S - 1® in form
attached hereto and by reference made a part hereof, in three (3) public places in
the District as follows:
1. South Tahoe Public Utility District
Administration Building
1275 Meadow Crest Drive
South Lake Tahoe, CA
2. Lake Tahoe Community College
One College Drive
South Lake Tahoe, CA
3. Government Center
1360 Johnson Boulevard
South Lake Tahoe, CA
That said posting was completed on the day of 11vve�.►., n ,
20 .
a L'a
Signed by:
Subscribed and sworn
to me this
day of
20
Clerk of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT