Ordinance No. 114 - Superseded2
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JC]HN ~, WE:IDMAN
VILLs'
NATIONAl.
ORDINANCE NO. 114
AN ORDINANCE RESCINDING ORDINANCES NOS.
34, 42 and 97, AND PROVIDING FOR SEWER
SERVICE AND STREET LIGHTING SERVICE
CHARGES PAYABLE IN ADVANCE
BE IT EN~.CTED by the Board of Directors of thc SOUTH TAHI
PUBLIC UTILITY~]JISTRICT as follows:
ARTICLE I
Definitions
Unless the context specifically indicates otherwise, the
meaning of the terms used in this Ordinance shall be as follows:
Sec. 1.01. District is the South Tahoe Public Utility
District, E1 Dorado County, California.
District.
Sec. 1.02.
Sec. 1.03.
of the Board.
Sec. 1.04.
Sec. 1.05.
Board. is the Board of Directors of said
Clerk is the Clerk and ex officio Secretary
County is the County of E1 Dorado.
Engineer is the engineer appointed by a~d
acting for the Board and shall be a registered civil engi~aero
Sec. 1.06. District Inspector.is the inspector acting
for the Board and may be a member of the Board, the Manager, t]~e
District Engineer or an Inspector appointed by the Board°
Sec. 1.07. Person is any human being, firm~ company,
partnership, association, and private, public or municipal corpor-
ations, the United States of America~ the State of Califorria,
districts in all political subdivisions, governmer~tal agencies and
mandatories thereof.
Sec. 1.08o Permit is any written authorization required
pursuant to this or any other rule, regulation or ordira~a:io£ the
District for the installation of any sewage works.
Sec. 1.09o Building is any structure used for human
..IrlHN C. WEIDMAN
1 habitation or a place of business, recreation or other purpose
2 containing sanitary facilities.
~ Sec. 1.10. .Sewage Works are all facilities for the
~ collection, pumping, treating and disposing of sewage.
§ Sec. 1.11. Sewage is a combination of water-carried
6 waste from buildings and industrial establishments connected to
? sewage works of the District or from any private sewer.
8 Sec. 1.12. Industrial Wastes are the liquid wastes from
9 industrial processes, as distinct from sewage.
10 Sec. 1.13. Sewer is a pipe or conduit which carries
11 sewage and/or industrial waste to which storm, surface and ground
12 waters are not intentionally admitted.
15 Sec. 1.1~. Public Sewer is a sewer line within a
14 street and which is controlled by or under the jurisdiction of the
1§ District.
16 Sec. 1.15. Garba.g.e' is solid waste from the preparation,
17 cooking and dispensing of food and from the handling, storage and
18 sale of produce.
19 Sec. 1.16. Street .lish~ is an overhead lamp providing
20 illumination to public streets in the District.
21 Sec. 1.17. Public Streets are state highways and county
22 roads within the District.
2~ Sec. 1.t~. Serviced lands are those lands lying within
2~ the District and abutting upon a public street upon which street
2§ lighting is afforded by the District.
ARTICLE II
General Provisions
Sec. 2.01. P~rpose. This Ordinance is intended to
29 provide a schedule of annual charges for sewer services and street
50 l~ghting services payable in advance supplied by the District and
~1 to provide a method for the enforcement thereof. This Ordinance
$2 shall not apply retroactively.
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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
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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.
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· ..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,
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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
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,.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
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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.
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~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
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· 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.
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~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.
AFFIDAVIT OF PUBLICATION
Affidavit of Publication of
STATE OF CALIFORNIA
County of El Dorado
I am a citizen of the United States and a resident of the
County foresaid; I am over the age of eighteen years,
and not a part to or interested in the above-entitled mat-
ter. I am the principal clerk of the printer of The Tahoe
Daily Tribune - Tahoe Sierra Tribune a newspaper of
general circulation, printed and published daily in the
City of South Lake Tahoe, County of El Dorado, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of El
Dorado, State of California, under the date of March 6
1970 Case Number 18569, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpareil), has been published in each regular and en-
tire issue of said newspaper and not in any supplement
thereof on the following dates, to wit:
all in the year 19 ~7C~
I certify (or declare) under penalty that the foregoing is
true aha'correct.
Dated at
California, this ].6
date of
fe~ru~ ~ 19 79
Signature
ord