Ordinance No. 544-13 ORDINANCE NO. 544-13
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AMENDING ADMINISTRATIVE CODE SECTION 3.1.55 REGARDING THE
� 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 EI Dorado, State of California, as foltows:
SECTION I — POLICY AND PURPOSE
The purpose of this Ordinance is to adopt certain amendments to the
Administrative Code regarding the suspension of regular water service charges for
properties that are vacant.
SECTION II — DEFINITIONS
For the purpose 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 Ordinance 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 EI
Dorado, State of California, make the following findings:
1. The District's Administrative Code, as it presently exists, provides for the
suspension of water service charges, at the property owner's election, to a
"vacant property." A property qualifies as a "vacant property" if ineets 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.
2. So long as provisions are made to ensure that no water service can
physically be received upon a vacant property, the fact that a property is
subject to a building permit does not affect the fact that the District will incur
no costs related to the provision of water service to such a property.
3. The proposed amendment to the Administrative Code would modify the
definition of a "vacant property" to eliminate the criterion that a property not
be subject to any active building permit.
� 4. The proposed amendment to the Administrative Code will relieve the owners
of vacant properties that are not receiving water service from the payment of
water service charges, regardless of whether the property is subject to a
building permit.
5. The Board has determined that it is in the best interest of the DistricYs
custome�s to adopt an ordinance amending certain provisions to the
Administrative Code providing for suspension of water service charges to
� vacant properties.
SECTION IV—AMEND SECTION 3.1.55 OF THE ADMINISTRATIVE CODE
Administrative Code Section 3.1.55(a) is to be amended as follows:
3.1.55 Suspension of Water Service CharQes for Vacant Pronerties.
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 this 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, 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 DistricYs water main
in order to qualify as 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 any section, subsection, subdivision,
paragraph, sentence, clause or phrase 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, clause or phrases may be
determined to be unconstitutional or invalid.
SECTION VI — EFFECTIVE DATE
This Ordinance amending the above referenced section to the Administrative
Code shall take effect thirty days after its passage.
PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public
Utility District at its duly held regular meeting on the 7th day of February, 2013, by the
following vote:
AYES: Cefalu, Jones, Vogelgesang, Sheehan, Schafer
NOES: None
ABSENT: None
Eric Schafer, Pre iden
South Tahoe Pu ic U ity District
�
ATTEST: �
Kathy Sharp erk of the Bo rd