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Ordinance No. 114 - Superseded2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 50 JC]HN ~, WE:IDMAN VILLs'NATIONAl.ORDINANCENO. 114ANORDINANCERESCINDINGORDINANCESNOS.34, 42and97, ANDPROVIDINGFORSEWERSERVICEANDSTREETLIGHTING SERVICE CHARGESPAYABLEINADVANCEBEITEN~.CTEDbytheBoardofDirectorsofthcSOUTHTAHIPUBLICUTILITY~]JISTRICTasfollows: 2 5 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 JOHN 0. WEIDMAN Sec. 2.02. Relief on Application. When any person by reason of special circumstances is of the opinion that any provision of this Ordinance is unjust or inequitable as applied to his premises, he may make written application to the Board, stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to his premises. If such application be approved, the Board may, by resolution, suspend or modify the provision complaine~ of as applied to such premises, to be effective as of the date of the application and continuing during the period of the special circumstances. Sec. 2.05. Relief on Own Motion. The Board may, on its own motion, find that by reason of special circumstances any provisions of this Ordinance should be suspended or modified as applied to a particular premise, and may, by resolution, order such suspension or modification for such premises during the eriod of such special circumstances, or any part thereof. ARTICLE III Annual Charges Sec. 3.01. General Rates - Sewer Services. There is lereby established an annual service charge at a monthly service charge of Fifty Cents ($0.50) per unit per month, with a minimum charge for connection to the sewers of this District of One Dollar 1.00) per month. Sec. 3.02. Schedule of Units. The following is a schedule of the number of units to be applied to the several types of connections to the sewer system of this District: a) Homes,apartments and motels: Each kitchen, 1 unit. Each bath, 1 unit. Each garbage disposal, 1 unit. b) Restaurant: 1 unit per restroom. 5 units for the first 20 seats, plus 1 additional unit for every 20 seats or fraction thereof over 20. For the purposes of this section, where 3. a hap is opePated in connection with a PestauPant, hap stools will be counted as seats. c) Semvice stations: 5 units d) TPaileP PaPks: 2 units pep tPailep space e) LaundPomats: 2 units pep machine f) BaPbeP and beauty Shops: 1 unit pep sePvice chaiP plus one unit pep PestPoom. g) PPivate laundPy opePated by a commepcial establishment: units, pep machine (Motels, Hotels, Trailep CouPts, etc.) h) S_wimming pools: 2 units ~ i) Automobile sePvice "~a~age: 2 units plus one unit fop each PestPoom. j) Ta~ePns with-out food facilities: 5 units, plus 1 unit f~P each PestPoomo k) Stores: 1 unit pep Pestr~om. The charge rom any otheP facilities in a store requiring sewage disposal shall be set by the BoaPd. 1) Theaters: 2 units pep restPoom. m) Duplexes and Apartment Houses: 1 unit pep washing machine Sec. 3.03. Special ChaPges: Facilities in commePcial establishments dischaPging extraoPdinamy amounts of waste into the sewage system shall be subjec~ to such chaPges and to such conditions as may be set by the BoaPd. Sec. 3.04. DPainin~ Swimming Pools. No pePson having a swimming pool connected upon the pPemises shall discharge mope than twenty pePcent 20%), by volume, of the watep capacity of said pool into a public seweP without fiPst having obtained a pePmit thePefor fPom the DistPict Inspector. The chaPge fop the dischaPge of mope than twenty pePcent (20%), by volume, of the wateP capacity of a swimming pool shall be Two DollaPs and Fifty Cents 2.50), to be paid in addition to the monthly cha~ges fop swimming pools pPovided by this OPdinance. 2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 2O 21 25 24 25 26 27 28 29 51 IDHN C. WEIDMAN Sec. 3.05. General Rates - Street Lighting Services. It is hereby determined by the Board that the cost to the District to supply street lighting on a public street within the District is Two and one-half Cents ($0.025) per month per lineal foot of serviced lands abutting upon a public road. Sec. 3.06. Monthly .Cha~g~s. The owners of serviced lands shall be charged monthly with the cost of supplying street lights to their property. Provided, h~we~ar, that where a serviced land abuts upon two or more public streets serviced by street lights, its owner shall not be charged for the narrowest portion of his property abutting upon a public street serviced by street lights or one hundred (100) feet, whichever is the lesse~ ARTICLE IV Collection and Enforcement Sec. 4.01. Direct Billing - Sewer Service Charges. The charges herein fixed for sewer services shall be payable for a period of one (1) year in advance. Stateme~ s of charges for sewer services to be rendered may be mailed at the beginning of the fiscal year (July 1 - June 30), and said charges shall be payable yearly in advance for each said fiscal year. One-year sewer service charges in advance shall be paid before permission to connect to the sewer is granted, and thereafter, future sewer service charges shall be payable in advance on July 1 of each succeeding year. Sec. ~.02. Direct Billing - Street Lighting Service c~arges. The charges herein fixed for street lighting services shall be payable for a period of one (1) year in advance. State- ments of charges for street lighting services to be rendered may be mailed at the beginning of the fiscal year (July 1 - June 30)7 and said charges shall be payable yearly in advance for each said fiscal year. One-year street lighting service, charges in advance shall be pai~ before services are connected~ and thereafter, 1 2 4 5 6 7 8 9 10 11 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 5O 52 tN I~. WEIDMAN future street lighting service charges shall ~e payable in advance on July 1 of each succeeding year. Sec. 4.03. ~.elinquency. Statements which have not been paid before the first daM of the calendar month next following the mailing of the statements of charges shall be delinquent. Sec. ~.O~. Penalties. If the charges are not paid on or before the date that them become delinquent~ a penalty of ten percent (10~) of the amount of the delinquent charges shall be added thereto and shall become immediately due and payable. Sec. 4.05. Action to Collect. An action may be brought bM the District against the person or persons who occupied the premises, or against the person to whom the premises are assessed for tax purposes, when the service was rendered for the collection of the amount of the delinquent charges and all penalties and cost: of collection~ including reasonable attorney's fees~ to be fixed by the Court. Sec. 4.06. Collecting Delinquent Cha~ges on Tax Roll. Delinquent charges may be collected on the tax roll on which general taxes of the District are collected in the manner provided in Article 3, Chapter ~, Division 7 of the Public Utilities Code, or as otherwise provided by law. a) Fi!.i~g and Posting. The person or his deputy who bills and collects the charges shall sign a statement of the amoun of the charges and the penalties which have accrued and shall file it with the officer whose duty it is to post the tax roll, and he shall post the amounts thereof in the column on the roll where improvement assessments are posted and opposite the proPerty affected. b) Manner of Collection. The amount so posted shall be payable at the same times and in the same amounts and manner and be subject to the same penalties and charges for delinquency, and the same provisions for redemption and sale for' non-payment 6. 1 2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 50 3]. JE3HN E. WEIDMAN as are provided for general taxes of the District. Sec. 4.07. Disconnection of Service. Premises as to which charges become delinquent may be disconnected. a) Estimate .o? Costs. The District Inspector shall estimate the cost of disconnection and of reconnection. b) DePosi?~,~ ~The amount of the estimate shall be deposited with the District before the premises will be reconnected c) 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 of sewer services, inhabitation of the premises bM human beings shall constitute a nuisance. The Board shall forth- with institute and diligemtly prosecute to conclusion proceedings for the abatement of such occupancy. In such action a reasonable attorney's fee, to be fixed by the Court, shall become due as a penalty for non-payment. Sec. ~.05. ~ture .o.f Procedure. The procedures provided in this article are not exclusive. Notwithstanding any provisions herein, the District may utilize any procedures provided in any law or which are a legal incident to its powers, and any remedy in law or equity to collect the charges and penalties. It is the intention of this Ordinance that there shall be available to the District all procedures and that they shall be diligently exercised That all charges and penalties thereon or other charges and penalties thereon or other charges incident thereto shall be promptly and effectively collected. Sec. 4.09. .D.u.ty of E.ewer Service User to Report: It shall be the duty of each person connected to a public sewer to report to the District Inspector all facilities discharging waste into the public sewer. As to any facilities which are not so 1 2 5 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 29 0 1 reported, they shall be deemed to have been connected to the public sewer from the effective date of this Ordinance or from the date the person first connected to the public sewer, whichever date is the later. ARTICLE V Separability Sec. 5.01. Separability. If any article, section, subsection, sentence, clause, or phrase of this Ordinance, or the application thereof to any person or circumstance is for any reaso held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the application of such provisions to other persons or circumstan- ces. The Board hereby declares that it would have passed this Ordinance or any article~ section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections~ subsections, sentences, clauses or phrases be declared to be unconstitutional. ARTICLE VI Separate Provisions Sec. 6.01. Effective Date. This Ordinance shall take effect upon the expiration of thirty (30) days after its passage and shall be posted by the Clerk of SOUTH TAHOE PUBLIC UTILITY DISTRICT at three (3) public places in said District at least one week before the expiration of said period after its passage and shall further be published in the TAHOE DAILY TRIBUNE, a newspaper of general circulation one (1) time only, at least one (1) week before the expiration of said period. Sec. 6.02. Rescission of Former Ordinances. This Ordinance rescinds Ordinance No. 34, enacted March 27, 1958, by th~ Board of Directors of the South Tahoe Public Utility District, Ordf ante No. 42, enacted February 13, 195~, by the Board of Directors said District, and Ordinance No. 97, enacted March 21, 1963, by th Board of Directors of said District. 1 2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 5O 31 52 I[3HN a. WEIDMAN A~3 ERVI LLE, J3ALI F. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT on November 5, 196~, by the following vote: AYES:Directors Donald L. Clarke, Robert Wakeman, Thomas L. Stewart, Robert W. Fesler and Donald H. Kortes NOES: None ABSENT: None ATTEST: D~vid W. CaIIahan~-Clerk of SOUTH TAHOE PUBLIC UTILITY DISTRICT and ex officio Secretary of the Board of Directors thereof SEAL) Amended by Ordinance Nos. 134 and 137 1 2 5 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 0 31 JOHN ~. WEIDMAN ATTm~/N£¥ AT LAW CERTIFICATE OF ORDINANCE STATE OF CALIFORNIA/ SS. County of E1 Dorado) I, the undersigned, do hereby certify that the above is a true and correct copy of Ordinance No. ll4, South Tahoe Public Utility District, entitled "An Ordinance~Rescinding Ordinances Nos. 34, 42 and 97, And Providing For Sewer Service And Street Lighting Service Charges Payable In Advance", and that said ordinance was duly adopted by the Board of Directors of South Tahoe Public Utility District on November 5, 1964, the original of which is on file in the office of South Tahoe Public Utility District. IN WITNESS WHEREOF, I have set my hand and the seal of the South Tahoe Public Utility District, this 5th day of November 1964. SEAL) David W. Callahan~ Clerk of the SOUTH TAHOE PUBLIC UTILITY DISTRICT and ex- officio Secretary of the Board of Directors thereof. 1 2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 24 26 27 28 29 5O 31 IC~HN ~. WEIDMAN CERTIFICATE O__~F P_OSTING STATE OF CALIFORNIA) ss. County of E1 Dorado) I, the undersigned, do hereby certify that I am the Clerk and ex officio Secretary of the South Tahoe Public Utility District, County of E1 Dorado, State of California. On the.~~ day of November, 196~, I posted the Ordinance No. ll~ to which this Certificate is attached by posting a full, true and correct copy thereof in each of the following three (3) public places within the District bo~daries, to wit: One copy at Stateline, California Post Office; One copy at Bijou, California Post Office; and One copy at Tahoe Valley, California Post Office. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the South Tahoe Public Utility District this ~ ~../~day of November, 196~. SEAL) DaVid W. Callahan, clerk' of the SOUTH TAHOE PUBLIC UTILITY DISTRICT and ex officio Secretar~ of the Board of Directors there- of.