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Ordinance No. 34~i'--2~N'~NC-~~ L~TA~diiISHING _A SOHEDUL~ 0..~ MONT~KLy CHARGES ~0~._~ SMWM.__..~R_SERVICES B~ IT ENACTED by the Board of Directors of the South Tahoe l~blic Utility District, County of E1 Dorado, State of Californla~ A~TICLE I Pefinitions Unless the Context specifically indicates otherwise, the meaning of the terms used in tills Ordinance shall be as follows~ Sec. 1.Cl. D~strict is the South Tahoe Public Utility District, E1 Dorado County, C~,llfornia. Sec. 1.02. Bo~?_____~d is the Board of Directors of said District. Cler____~k is the Clerk and Ex-Officio Secretary of Sec. 1.03. the Board. Sec. i.04. Sec. 1.05. ~ is the County of E1 DOrado. ~ is the engineer appointed by and acting for the Board and shall be a registered civil engineer. ~ec. 1.06. District Insoecto~r is the inspector acting for the ho~f.d and may be a member of the Board, the ~ager~ Distrlct z~lneer or ~ Inspector appointed by the Boa~. Sec. 1.07. Person is a~ human bei~, firm, comps, ~,~rtn~r~,ip, association, and ~rivate, public or municipal Corporations, the United States of ~erica, ~he StaSe of Califor- nia, districts in ali ~olitlcal subdivisions, gover~en~ agenSles and m~nda~ories thereof. Sec. 1.08. ~erml~ is any written authorization required pursuant ~o ~is or any other rule, regulation or ordinate of ~he Dls~rict for ~he installation of any sewage works. Sec. 1.09. ~ildin~ is any structure used for haol~a%lon or a place of business, recreation or other purpose containi~ sanitary facilities. Sec. 1.lC. Sewage Works are all facilities for the ~llectlon, pumping, treating, a~d disposing of sewage. Sec. 1.11. Sewage is a combination of water-carried waste from buildings and industrial eetabliahments connected to sewage works of the District or from any private sewer. Sec. 1.1~. Industrial Wastes are the liquid wastes from industrial processes, as distinct from sewage. Sec. 1.13. Sewer is a pipe or conduit which carries sewage and/or industrial waste to which storm, surface and grou~ waters are not intentionally admitted. ~uc. 1.14. ~b]lc ~ewer iu u sewer line within a street and wiich i~, controlled by or under the Jurisdiction of the District. Sec. 1.15. Garbage ie solid waste from the preparation, cockling az~d dispensing of food and from the ~andling~ storage and ~ale of produce. Ai~TICLE II General ~rovisions Sec. 2.01. Purpose. This Oz.dinance is intended to provide a schedule of monthly cha~'ges for sewer services supplied by the District and ~o provide a method for the enforcement thereof. This Ordinance shall not apply ~.etroaStively. Sec. 2.02. Short Title. This Ordinance shall be know as and may be cited as the South Tahoe Public Utilities District :~ewer Charges Ordinance. Sec. 2.03. Postin~ and Publication. Upon adoption this ordinance shall be posted in three places in the District and :r~all ce published in a newspaper of general circulation, ?ri~ted and published within the County. .;cc. 2.04. Relief on Application. When any person by r~son of special circumst~mces is of the opinion that any pro- vision of this Ordinance is unjust or inequitable as applied to ~ls ?remlses, he may maas written application to the Board, stat- ~ the special circumst~nce~, citing the provision complained of, a~d requesting suspension or modification of that provision as applied to ?lis ?emises. If such application be approved, the ~oard may, by resolution, suspend or modify the provision complained of as applied to such premises, to be effective as of the date of the application ~nd continuing during the period of the special circumstances. Sec. 2.05. Relief o~n Ow_..~n ~otion. The Board may, on its own motion, find t~at by reason of special circumstances any provisions of t~is Ordinance should be suspended or modified as applied to a ~a rticular premise, and may, by resolution, order such suspen~ion or modification for such premises during the period of such special circumstances, or any part thereof., Sec. 2.06. Effective Date. The charges imposed by this Ordinance shall become effective as of the let day of May, 1958. Ai~T1CLE III Monthly CharEes Sec. 3.01. General Rates. There is hereby established a monthly service charge of Fifty Cents ($0.50) per unit per month, w~th a mini~;um charge ~r connection to the sewers of th~ District of One Dollar ($1.00) per month. SEC. 3.02. Schedule of Units. The followin~ is a schedule of the number of units to be ~plied to the several types of connections to the sewer system of this District: (a) Homes, apartments and motels: Each kitchen, i unit. Each bath, i unit. Each garbage disposal, i unit. (b) Hestaurant: i unit per restroom. 5 units for the first 20 seats, plus 1 additional unit for every 20 seats or fraction thezeof over 20. For the purposes of this section where a bar is ope~'ated in connection with a restaurant bar stools will be counted as seats. (c) Servi~ stations: 5 units. (d) Trailer Parks: 2 unite per trailer space. c~rge for central bathing or laundry facilities. No unit (e) Laundromats: 2 units per machine. (f) Barber and beauty shopss 1 unit per service chair plus one unit per restroom. (g) Private laundry operated by a commercial establish- ment: 4 units. (h) Swimming poolss 2 units. (l) Automobile service garage: 2 units plus one unit for each restroom. (J) Taverns without food facilitics~ 5 units, plus 1 unit for each restroom. (~) Stores: i unit per restroom. The charge for any o~her facilities in a store requiring sewage disposal shall be set by the Board. (1) Theaters: 2 units per rsstroom. Sec. 3.03. Special Char6eM: Facilities in commercial ~s~.~lishmsnts disch~rging extraordinary amounts of waste into t~e sewage system sh~ll be subject to such charges and to such conaition~ as may be set by the Bc~rd. Sec. 3.04. Drainin~ Swimrin6 Pools. No person having a swiruning pool connected upon the premises shall discharge more than twenty per cenm (20%), by volume, of the water capacity of said pool into a public sewer without fire2 having obtained a permit therefor from the District Inspector. The charge for the discharge of more than twenty per cent (20%), by volume, of the water capacity of a swimming pool shall be Two Dollars and Fifty Cen%s (~2.50), to be paid in addition to the monthly charges for swimmin~ p~ols provided by this Ordinance. AkTICLE IV Collection and Enforcement 4.01. D~rco______~t B,i].l~nt~ ,~tatez,,ents off charges for -', .... to bt ~mndered m~y be mailed at the beglml~ of each bi[ll~*~ period, which ~h~tll be not to exceed qua:terly. Sec. 4.02. ~elin~uenc[. Statements which huve not been ~:~id ~vfox'e th~ first day of the c~lenda: ~onth ~ex~ follovl~ ~he ~iling of the statements of charges shall be delinquent. Sec. 4.0~. PJnalties. If the ch~gee are not p~d on or before the d~te that they become delinquent on the fi/ret day of each c~lendar month the~'e~fter a penalty off ten per cent (1~) of the ~oun~ of the delinquent charges shall ~e edded thereto ~ ~all ~come t~ediate~y due ~d payable. Sec. 4.04. Action to Co]]ect. ~ action may ~e bro~h~ by the District against the person or ~ersons who occupied the premises, or against the person to whom the premises are assessed for tax purposes, when the service w~s rendered for the collect- i~n of the am~unt of the delinquent charges and ~l penalties ~d costs of collection, incl~dl~ reasonable attorney's fees~ to be f~xed by the court. Sec. 4.05. CollectinE ~elinquen~ Charges o~ Tax ~oll. oetlnquent ch~ee may be collected on the ~ax roll on which gen~al taxes of the District are collected in the ~er provid- ~d in Article ~, Chapter 4, Division 7 of the ~blic Utilities Code, or as otherwise ~rovided by law. (a) .~lli~ an~ Posti~ The person or his deputy who bills ~ collects t~e charges shall sign a statement of the ~ount of thc ch~'ges az~ ~he penalties which ~ve acc~ed a~ w~ich shall accrue thereon to the next succeedi~ April 20, a~ shall file it with the officer whose duty it is to ~ost the tax roll, a ~ he shall ~ost the amounts thereof in the col~ on the ~'~11 waste lm~rovcment assessments are posted and opposite ~e pm~per ty ~ffccted. (b) M~nne~ o~ Collection. The amount so posted shall C,~ payab] ~, at t~ ~ same times and in the same amounts and manner ~n. be m~bjcct lo the s~me penalties and charges for dellnquenoy, ~m~ t~e oame provisions for redemption and sale for non-payment as ~re provided for general taxes of the District. ~ec. 4.06. Disconnection of Service. Premises as to which charges ~ecome delinquent may he disconnected. (a) Estimate of Costs. The District Inspector shall estimate the cost of disconnection and of reconnection. (b) Deposit. The amount of the estimate shall be deposite~ with the ~istrlct before the premises will be re- connected to a public sewer. lc) Balance. The amount of the cost of disconnection and reconnection over the deposit shall constitute a charge and be collected as such. The amount of the deposit not used shall be repaid or applied as a deposit against future charges. (d) Abatement. During the period of non-connection or disconnection inhabitation of the premises by human beings shall coz~stitute a nuisance. The Board shall forthwith institute and dilige~,tly prosecute to conclusion proceedings for the abatement of s~ch occupancy. In such ~ction a reasonable attorney's fee, to 0e fixed ~y the court, shall become due as a penal~y for non- : ayment. Sec. 4.07. Nature o_~f Procedure. The procedures provided in txl~,~ a~tLcle are not exclusive. Notwithstanding any provisions :'.~ ~,,in, the District may utilize any procedures provided in any i.~w ,~c w,Llch a_-e a legal incident to its powers, and any remedy in law or equity to collect the ch~rges and penalties. It is the intention of this Ordinance that there shall be available to the .,ist~icc all procedures and t[mt thoy shall be diligently ~x~rcised. That all ch~rges and penalties thereon or other charges and penalties thee. eon or other charges inciden~ thereto shall be p~'omptly and effectively collected. Sec. 4.08. ~ of Use___[r t_~o ~ It Shall be the duty of each P,~rs,~n connected to ~ public sewer to report to the District Inspector all facilities discharging waa~e into the public sewer. As to any facilities Which are ~Aot so reported, they shall be deemed to have been conzAected to the public SeWer from the date effective/of this Ordinance or Z'rom the date thu person first connected to the public sewer, whichever date is the later. A~(TICLE V Sec. 5.O1. ~ ~f any article, section, sub- section, sentence, clause, or ~hrase of this Ordinance, or the application t~ereof to any person or circumstance ls~for any reason held to Oe unconstitutional or invalid, such decision sh~ll not affect the validity of the remaining portions of this Ordinance or the application of such provisions to other persons or circumstances. The Board hereby declares that it would have passed this Ordinance or any article, section, sub-section, sentence, clause or phrase hereof irrespective of the fact that say one or more sections, sub-sections, sentences, clauses or phrases be declared to be unconstitutional. Adopted ~rch 27, 1958 by the ~ollowing Votes~ Ayee~ Directors Goerlnger, Gersick, Pankoet. Noee~ None. Absent~ None. ~-- (S) Norman L. Goeringe~ resident o£ the Board of Dlrec~ore- of the SOuth Tahoe Public Utilities District. ,J,) £ar]e F. Pankost lerk ~nd Ex-Officio SeOretary-- of the South Tahoe Public Utilities District. · Affidavit of Publication ICl · Tahoe News ..~O.~.:~.LC._ _a~_~__~.o~...s.~....s.~..v..~.~..s. ........................... STATE OF CALIFOBNIA ] County of E1 Dorado~ ss. C. F. BBANDI, being duly sworn according to law, deposes and says: THAT he is and at all times herein mentioned was a citizen of the United States over the age of 9.1 years and that he is not a party to, nor interested in the above entitled matter; that he is the printer of LAKE TAHOE NEWS, a weekly newspaper of general circulation, duly adjudicated by the Superior Court of the State of California in and for the County of El Dorado, in proceedings No. 8805 by decree flied July 26, 1956, to be a newspaper of general circulation in the Judicial Township of Lake Valley and in the County of El Dorado and in the State of California. That the notice annexed hereto was printed and pub- lished in said newspaper in type not smaller than nonpareil, preceded with words printed in blackface type, not smaller than nonpareil, describing or expressing in general terms the purpose or character of the notice intended to be given, and said notice has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: .-A]~il--1~'_~..1958 ........................................................................... .-Apr:Ll__2&~_195fl ........................................................................... .......... , Notary Public in and for the County of El Dorado, State of California