Loading...
Ordinance No. 3726/19-6/20/85 7/1/85 ORDINANCE NO. 372 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ORDINANCE NO. 359 REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS, THE INSTALLATION OF SEWER LATERALS AND PUBLIC SEWER MAIN EXTENSIONS, PROVIDING FOR THE EMPLOYMENT OF A SANITARY INSPECTOR, PROVIDING PERMITS AND FIXING FEES FOR THE INSTALLATION OF SANITARY SEWER LATERALS AND REGULATING PLUMBING, DRAINAGE AND SEWERING IN THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AND PROVIDING FOR SEWER SERVICE CHARGES PAYABLE IN ADVANCE BE IT ENACTED, by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, E1 Dorado County, California, as follows: i. Article X of said Ordinance No. 359 shall be amended in its entirety as follows: ARTICLE X COLLECTION AND ENFORCEMENT Sec. i0.i. Direct Billing - Sewer Service Charges. The'charges herein fixed for sewer services shall be billed and payable for a quarterly period in advance for the quarters com- mencing July i, October i, January 1, and April 1 of each fiscal year; provided, however, that the charges herein fixed for sewer services shall be billed and payable for one year in advance on the date of issuance of a new sewer permit for connections. After the actual new sewer permit connections are finaied by inspection by the District for sewer service use, the balance of said on~ year in advance charges, if any, for said new sewer permit con- nections shall be credited against the next quarterly billing or billings. Sec. 10.2. Sewer Charges, Water Charges and Street Lighting Charges Collected Together. Where water service is furnished by the District to the real property that is furnished sewer' service, sewer service charges and water service charges shall be billed upon the same bill, collected together and not separateiy,'and collected as one item. Where water service is furnished by the District to the real property that is furnished sewer service and street light- ing service, sewer service charges, street ~iighting service charges and water service charges shall be~bil~ed upon the same bill, collected together and not separately, and collected as one item. Where street lighting service is furnished by the District to the real property that is furnished sewer service, sewer service charges and street lighting service charges shall be billed upon the same bill, collected, together and not separately, and collected as one item. Sec. 10.3. Payment. Payment of all charges shall only be made at the District Office, Customer Service Department, 1275 Meadow Crest Drive, South Lake Tahoe, California, or by mail addressed to South Tahoe Public Utility District, P. O. Box 1298, South Lake Tahoe, California, 95705. Charges herein fixed for sewer service shall be increased by the sum of $12.00 for any payment by check which is returned unpaid. After any notice of disconnection~is given by the District pursuant to Sec. i0.8(a), only a cashier's check, money order or cash will be accepted by the District as payment of charges, penalties and interest in order to avoid disconnection of service. Payment may be made on the sewer service charges component of the bill for which sewer service charges and water service charges, or sewer service charges, water service charges and street lighting service charges, or sewer service charges and street lighting service charges are billed upon the same bill if the person paying such charges so directs. If part of a bill for sewer servic~ charges and water ser¥ice charges, or sewer service charges, water service charges and street lighting service charges is'paid, and no said direc- tion is made by the person paying part of said bill as to appli- cation of said partial payment on any particular component charge of the bill, payment shall be credited proportionately on each component of the total bill. If payment is made upon a bill which includes delinquent charges and penalties or delinquent charges, penalties and interest, as well as current charges, whether such current charges are delinquent or not, said payment shall be first applied to the delinquent charges and penalties or delinquent charges and penalties and interest. The owner of the property to which sewer service is furnished or the person to which sewer service charges are billed or the occupant of the real property to which sewer service charges are billed may state a reason for not paying any or all of the component of a bill for sewer service charges, and the District shall keep a record of such reason. Sec. 10.4 Delinquency. If the bill for sewer service charges, or sewer service charges and water service charges, or sewer service charges, water service charges and street lighting service charges, or sewer service charges and street lighting service charges is not paid before September i for the quarter commencing July i, before December 1 for the quarter commencing October 1, before March 1 for the quarter commencing January 1, and before June 1 for the quarter commencing April i, for which sewer service charges are herein fixed, such charges shall be delinquent; provided, however, if a component of the bill for sewer service charges or water service charges or street lighting service charges is paid prior to the d~te charges therefor become delinquent, the charges for that component of the bill paid shall not be ~eemed to be delinquent. 3 - 6/19-6/20/85-6/30/85 Sec. 10.5 Delinquent Penalty and Interest Charges. A basic penalty of ten percent (10%) of the sewe~ service charges shall be charged on each delinquent sewer servic? charge. Administrative processing cost, hereinafter refer~red to as "interest", at the rate of two and one-hat£ percent (2~%) per quarter, shall be charged on delinquent sewer service charges for the quarter in which said charges become delinquent. Interest at the rate of ten (t0) percent per annum shall be charged on delinquent sewer service charges, penalties, and interest for each subsequent quarter said charges, penalties and interest remain unpaid. Penalties shall not be assessed i£ there is a bonafide dispute as to the amount of any bill or component thereof. The Board o£ Directors finds that the esti- mated cost of collecting and administering delinquent sewer service charges and loss of use o£ funds approximate the penal- ties and interest in this Sec. 10.5 provided. Sec. 10.6. Collection of Delinquent Charges. (a) Remedies for collecting and enforcing sewer service charges set out in this Section are cumulative and any and all may be used alternatively, and none of the remedies are exclusive. (b) Delinquent charges, together with all penal- ties and interest thereon, may be added to and become part of the annual assessment levied upon the land on which sewer service was used pursuant to Article 3, Chapter 4, Division 7, of the Public Utilities Code o£ California and become a lien upon said land. -4 - il/30/84 i2/16/84 (c). Delinquent charges, together with all penalties and interest thereon, may become a lien upon the land for which sewer service was furnished in the manner provided in Sections 54354, 54354.5 and 54355 of the Government Code of California. (d). Delinquent charges, together with all penalties and interest thereon, may be collected in the same manner, by the same persons, and at the same time together with the general taxes levied for the District pursuant to sections 5473, 5473.1, 5473.2, 5473.3, 5473.4, 5473.5, 5473.11 and 5473a of the Health and Safety Code of California and Article 8, chapter 4, Division 7 of the Public Utilities Code of California. (e). Delinquent charges, together with all penalties and interest thereon, may be collected by an action in any court of competent jurisdiction against a person or persons who owned the property when the service was rendered for the collection of all delinquent charges, penalties and interest. (f). Delinquent charges, together with all penalties and interest thereon, may become a lien upon all real property of the person liable therefor in any county in which the District records a certificate of the amount of interest and penalties due pursuant to Section 14670 of the Public Utilities Code of California. (g). An action in any court of competent jurisdic- tion to enforce any lien on the land for the sewer service charges together with all penalties and interest thereon. -5 - ~i/30/84 12/16/84 (h). Pursuant to Section 16472.5 of the Public Utilities Code of California, a petition to the Superior Court for the issuance of a preliminary or permanent injunction, or both, or for the issuance of an order stopping o9 disconnection of sewer service if the charges for such service% including all penalties or interest, are delinquent. (i). A reasonable attorney's fees and court .costs of any action in any court for collection of sewer service charges, together with any penalties and interest thereon, or for a pre- liminary or permanent injunction, or for the issuance of an order stopping or disconnecting sewer service, or to enforce a lien, shall be an additional charge for such sewer service. (j). If water service is furnished by the District to the real property that is furnished sewer service and all or part of the component of any bill related to sewer service charges is delinquent, the District may disconnect water service to said property until both sewer service charges and water service charges, including penalties and interest thereon, are not delinquent, and all water service disconnection and re- connection charges have been paid to District. (k). If sewer service is furnished by the District to the real property and all or any part of any bill related to sewer service charges is delinquent, the District may dis- connect sewer service to the property until sewer service charges, including penalties and interest, are not delinquent and sewer service disconnection and reconnection charges have been paid to District. Sec. 10.7. Disconnection and Reconnection Charges. Property as to which sewer service charges become delinquent and -6 - 6/19-6/20/85 either water service or sewer service is disconnected, shall not be reconnected until the following charges have been paid to District. (a). Estimate of Costs. The District shall estim- ate the cost of disconnection and of reconnect~on. (b). Deposit. The amount of the estimate shall be deposited in cash, money order, or cashier's checM with the Dis- trict before the premises will be re-connected. (c). Balance. District shall notify the owner of the real property the actual cost of disconnection and re¢on- nection when the charges therefor have been determined. The amount of the cost of disconnection and reconnection over the deposit shall constitute a charge and be added to the next quarterly billing. The amount of the deposit not used shall be applied as a credit against future charges, or if requested by the owner of the real property affected, refunded. (d). Abatement. During the period of disconnection of sewer or water service, inhabitation of the premises by human beings shall constitute a nuisance. The District shall notify the County Health Department of such disconnection. The Board may institute and prosecute to conclusion proceedings for the abatement of such occupancy. In such action reasonable attorney's fees and court costs, to be fixed by the Court, shall become due as a further disconnection charge and no reconnection shall be made until such further charge is paid. Sec. 10.8. Disconnection Procedures for Delinquent Sewer Service Charges. (a). The District shall not terminate its water or sewer service to any real property on account of non-payment of -7 - 11/30/84 12/16/84 6/19-6/20-6/30/85 delinquent sewer service charges, or non-payment o£ delinquent water service charges and delinquent sewer service Charges, or non-payment o£ water service charges, including penalties and interest, unless the District £irst gives notice o£ any such delinquency and impending disconnection o£ sewer service or water service at least two (2) weeks prior to the proposed termination by First Class Mailing addressed to the owner o£ such,property, and the person to whom the service is billed, and to the occu- pant by placing a door hanger on the property a££ected. (b). The notice speci£ied in Subdivision (a). shall state substantially: "Your (sewer service account) or your (water service account) or your (sewer service account and water service account) is delinquent and overdue. The balance due on said account as o£ this date is $ Payment shall be made within two (2) weeks £rom this date or your (water service) or your (sewer service) will be disconnected. Payment shall be made at the South Tahoe Public Utility District o££ice at 1275 Meadow Crest Drive, South Lake Tahoe, Cali£ornia or by mail addressed to South Tahoe Public Utility District, P. O. Box 1298, South Lake Tahoe, Cali£ornia 95705, to avoid disconnection." (c). The notice speci£ied in subdivision (a). above shall additionally state in substance the £o!towing: "I£ you have a complaint or dispute as to the amount o£ the charges you may request an investigation in writing at the District o££ice or by mail addressed to the District within seven (7) days from the date of this notice and shall be given an opportunity for review of such complaint or dispute or an investigation by the Collection Of£icer o£ the District, who is also hereby designated as a review -8 - 6/19-6/20-6/30/85 manager for the purpose of investigating and reviewing such a complain~ or dispute." (d). The review shall include consideration of whether an agreement should be permitted to amortize (pay) the unpaid balance over a reasonable period of time. The District Collection Officer may enter into an agreement on behalf of the District permitting payment of the unpaid balance over a reason- able period of time, which in his discretion he shall so determine, but in any event not to exceed three (3) months. (e). No disconnection shall be effected for any person complying with any such payment agreement, providing such person also keeps current the sewer and water service charges for service accrued in each such subsequent billing period. (f). If there is a breach of the terms of payment agreement, the District shall not disconnect service to the affected property without notification in accordance with the provision of subdivision (a). and subdivision (b). above which notice shall further state substantially: "You have breached the terms of your payment agreement and are not entitled to further investiga- tion or review by the ~istrict." The District Collection Officer may enter into a payment agreement prior to the notice provided in subdivision (a). If there is a breach of sUch payment agreement, the District shall not disconnect service without notification as provided in this subdivision (f). The notice provided in this Section t0.8 is confirmed as prior policy of District. -9 - 6/19-6/20/85-6/30/85 7/ 1/85 (g). No disconnection shall be effected until the District Customer Relations Officer or his designee has reviewed the intended disconnection with a committee of two members of the Board of Directors appointed by the President, and the committee has made its recommendation~on such dis- connection to the entire Board of Directors; and provided further, that no such disconnection be made without Board of Directors' authorization at a duly called regular or adjourned regular or special meeting o£ the Board. Notice o£ such a meeting at which any disconnection is t~ be so authorized shall be given at least five (5) days in advance of such meeting by ~ Certified Mail addressed to the owner of such property and to the person to whom the sewer service is billed advising of the'consideration of proposed disconnection authorization by the Board of Directors. Any affected person may appear and be heard by the Board of Directors on such proposed disconnection. (h). The occupant or actual user of the sewer service may pay the delinquent sewer service charges or delin- quent sewer service charges and water service charges or delinquent water service charges to avoid disconnection. (i). If water service is disconnected pursuant to an Ordinance of The South Tahoe Public Utility District Establishing Rules For Water Service, Water Rates, Operation, And Methods For Enforcement, said water service shall not be reconnected until all sewer service charges, including penalties and interest, have been paid. Sec. 10.9. Duty of Sewer Service User to Report. It shall be the duty of each owner of property connected to a public sewer to report to the District Customer Relations Officer - i0 - ?/1/85 all facilities discharging waste into the public sewer. As to any facilities which are not so reported, they shall be deemed to have been connected to the public sewer from the date the property was first connected to the public sewer. Sec. 10.10. Unreported Connections and Discharges. Upon discovery of the unreported connections and discharges to the public sewer system, the District shall charge all current charges and fees, including all current connection charges. The owner of said property may, at his option, abate the unreported connection(s) immediately or pay all current charges and fees, including all current connection charges. Ail such charges and fees specified in the Article XII shall be deemed to be sewer service charges under this Article XII. Sec. 10.11. Violation. Any person found to be violating any provision of this Ordinance, or rule or regulation of the Dis- trict regarding sewer work or connection shall be served by the District Customer Relations Officer, or other authorized person, with written notice stating the nature of the violation and pro- viding a reasonable time limit for the satisfactory correction thereof. Said time limit shall not be less than two (2) nor more than seven (7) working days. The offender shall, within the period of time stated in such notice, permanently cease all viola- tions. Ail persons shall be held strictly responsible for any and all acts of their agents or employees done under the provisions of this or any other ordinance, rule or regulation of the District. Upon being notified by the District Customer Relations Officer, or other authorized person, of any defect arising in any sewer work or connection violation of the Ordinance, or rules or regula- tions of the District regarding sewer work or connection, the person or persons having charge of said work or connection shall immediately correct the same. ti/30/84 12/16/84-6/30/85 Sec. 10.12. Public Nuisance. Continued habitation of any building or continued operation of any industrial facility in ¥ioiation of the provisions of this Ordinance, or rule or regulation of the District regarding sewer service is hereby declared to be a public nuisance. The District may institute aha prosecute proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation. A reasonable attorney's fee therefor and court costs shall be deemed additional sewer service charges. Sec. 10.13. Disconnection. (a). As a method of enforcing the provisions of this Ordinance, or rule or regulation of the District regarding sewer work or connection, and excepting the payment of charges, the District Customer Relations Officer shall have the power to disconnect the user from the sewer mains of the District. The District shall not disconnect the sewer service unless the District first gives "Notice of Intent to Disconnect" at least two (2) weeks prior to the proposed disconnection by First Class Mailing addressed to the owner of the property upon which said violation of this Ordinance, or rule or regulation of the Dis- trict regarding sewer work or connection is alleged, to the person to whom sewer service is billed, and to the person or persons having charge of said work or connection and by placing a door hanger on the property affected. Said notice shall specify the violation of this Ordinance, or rule or regulation of the District regarding sewer work or connection. (b). The notice specified in subdivision (a). above shall additionally say in substance the following: "If you have a complaint or dispute as to the violation you may request an investigation in writing at the District o££ice or by mail addressed to the District o££ice within seven (7) days 6/19-6/20-6/30/85 £rom the date of this notice and shall be given an opportunity £or review of such complaint or dispute or an investigation by the Customer Relations Officer o£ the District, who is hereby designated as a Review Manager for the purpose o£ investigating and reviewing such a complaint or dispute." (c). The review shall include consideration o£ whether a correction agreement should be permitted to correct the violation over a reasonable period o£ time. The District Customer Relations Of£icer may enter into such a correction agreement on behat£ o£ the District permitting correction o£ said violation over a reasonable period o£ time, which in his .discretion he shall so determine, but in any event not exceeding one (t) month. ~ (d). No disconnection shall be effected for any person complying with such correction agreement. (e). If there is a breach o£ the terms of the correction agreement, the District shall not disconnect the connection to the a£fected property without notification in accordance with the provisions of subdivision (a). above which notice shall further state substantially: "You have breached the terms of your correction agreement and are not entitled to further investigation or review by the District." The District Customer Relations Officer may enter into a correction agreement prior to the notice provided in subdivision (a). I£ there is a breach o£ such correction agreement, the District shall not disconnect service without noti£ication as provided in this subdivision (f). The notice provided in this Section 10.13 is confirmed as prior policy o£ District. 6/3O/85 (f). No disconnections shall be effected until the District Customer Relations Officer or his designee has reviewed the intended disconnection with a committee of two members of the Board of Directors appointed by the President, and the committee has made its recommendation on such dis- connection to the entire Board of Directors; and provided further, that no - 13 A- 6/19-6/20/85 6/30/85 7/1/85 such disconnection be made without Board o£ Directors' authoriza- tion at a duly called ~egutar, adjourned regular or special meeting o£ the Board. Notice~o£ such a meeting at which any disconnection is to be so authorized shall be given at least five (5) days in advance of such meeting by Certified Mail addressed to the owner of such property and the person to whom the sewer service is billed, and to the person or persons having charge of said work or connection advising of the consideration o£ proposed discon- nection authorization by the Board o£ Directors. Any affected person may appear and be heard by the Board of Directors on such proposed disconnection. (g) Upon Disconnection, the District shall esti- mate the cost o£ disconnection from and reconnection to the system, and such owner and/or occupant shall deposit in cash, money order, or cashier's check the cost, as estimated, of disconnection and reconnection before such property is reconnected to the system. The District shall re£und any part of the deposit remaining a£ter payment of all costs of disconnection and reconnection. Sec. 10.14. Means of En£orcement Only. The District hereby declares that the foregoing procedures are established as a means of enforcement o£ the terms and conditions of its Ordin- ances, rules and regulations and not as a penalty. Sec. 10.15. Liability for Violations. Any person violating any of the provisions of the Ordinances, rules, or regulations of the District shall become liable to the District for any expense, loss or damage occasioned by the District by reason of such violation, which expenses, loss~or damag~ shall be deemed sewer service charges under this Section 10. - 14 - 6/19-6/20/85 Sec. 10.16. Further Enforcemen~ Means. In the event of a violation of any of the representations and agreement in an application for or conditions in any permit issued pursuant to Sec. 8.2. herein, Distr~ct may secure a court order requiring construction, occupancy and use of the parcel of real property cease until there is compl~ance with the representations and agreements in said application and any permit issued pursuant thereto. Ail attorney fees, court costs, administration and inspection charges incurred by the District in connection with securing compliance with said representations and agreements in said application and any permit issued pursuant thereto shall be assessed as charges against the parcel of real property subject of said application and permit. Sec. 10.17. Right of Entry By District. Authorized representatives of the District shall have the right to ingress to and egress from a customer's premises at reasonable hours for any purpose reasonably connected with this Ordinance and all rules and regulations duly adopted hereunder or any amendments hereto or thereto. 2. Article XII Schedule No. 6 of said Ordinance No. 359 shall be amended to conform to and supersede Resolution No. 2346 of the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT as follows: ARTICLE XII SEWER RATE SCHEDULES SCHEDULE NO. 6 "A monthly service rate of $6.042 per unit per month with a minimum service charge of $6.042 per month will be collected." - 15 - 6/19-6/20/85 6/30/85 Ail other provisions o£ Article XII of Ordinance No. 359, except SCHEDULE NO. 6, are rati£ied and confirmed and remain in full £orce. 3. Separability. If any section, subsection, sentence, clause or phrase o£ this Ordinance or the application thereof to any person or circumstance is for any reason held to be un- constitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the application of such provision to other persons or circumstances. The Board hereby declares that it would have passed this Ordinance or any section, subsection, sentence, clause or phrase hereof irrespective of the £act that any one or more section, subsections, sentences, clauses or phrases be declared to be unconstitutional. 4. Relief by Board and Customer Relations Officer. The Board may find that by reason of special circumstances any provision of this Ordinance should be suspended or modified as applied to a particular property and grant relief from any pro- vision of this Ordinance for said particular property. The District Customer Relations Officer may determine that a bona- fide dispute exists with regard to sewer charges billed pursuant to this Ordinance, and in such event, waive penalties and 'interest charges. 5. Noti£ication. Notification, except as specified in Sections 10.8-and.~t0.13, and billing shall be addressed to the owner of the property furnished sewer services-at the address of the owner shown upon the last equalized assessment roll of E1 Dorado County, unless the owner of ~'the p~o~ert~ notifies the District in writing of a different address for his noti£ication and billing. The occupant and/or property manager of the property may also be billed. - 16~ - 6/19-6/20/85 ?/1/85 6. Ratification of Former Ordinance. Except as amended by this Ordinance No. -372, Ordinance No. 359 is rati£ied and confirmed and remains~ in £ult force and effect. PASSED AND\ADOPTED by the Board of Directors of South Tahoe Public Utility District at an adjourned regular meeting on the 1st July , 1985 by the following vote: Directors Madden, Jones, Olson, Wynn and Mason ATTES~: day of AYES: NOES: ABSENT: None None South Tahoe Public Utility District Pat A. Mamath, ClArk of the Board and Ex-Officio Secretary South Tahoe Public Utility District I hereby certify that the foregoing Ordinance was adopted at an adjourned regular meeting of the Board of Directors of the South Tahoe Public Utility District held on the 1st day of July , 1985, by the following vote: AYES: Directors Madden, Jones, Olson, Wynn and Mason NOES: None ABSENT: None P . Mamath, C~lerk of the Board South Tahoe Public Utility District - 17 - SOUTH TAHOE PUBLIC UTILITY DISTRICT PRESIDENT MICKEY MADDEN Sewer .1950 .Water A PUBLIC AGENCY P.O. Box 1298 South Lake Tahoe, California 95705 1275 Meadow Crest Drive Phone (916) 544-6474 DIRECTORS WALTER "NEAL" OLSON JAMES R. JONES JOHN WYNN ROBERT MASON July 18, 1985 Tahoe Daily Tribune P.O. Box 1358 So. Lake Tahoe, CA 95705 Attention: Legal Notice Department Enclosed is Ordinance No. 372 and 373 Please publish this Ordinance/these Ordinances in the Legal Notice Section of your newspaper on the following date: Tuesday, July 23, 1985 Also, please send me two copies of AFFIDAVIT OF PUBLICATION for each Ordinance listed above. Thank you. Pat A. Mamath Clerk of Board enclosure (s) AFFIDAVIT OF POSTING State of California ) )ss County of E1 Dorado ) I, Jack Sullivan , 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 Ordinances No. 372 and No. 373 in form attached hereto and by reference made a part hereof, in three (3) public places in the District as follows: (i) (2) (3) City of South Lake Tahoe Administration Building South Lake Tahoe, CA A1 TahOe iPost Office Station (Main Post Office) South Lake Tahoe, CA Tahoe Valley Post Office Station ("Y" area) South Lake Tahoe, CA That said posting was completed on the July , 1985 Subscribed and sworn to me thi~ ./~ day of ~j~/~ , 19th day of Notary Public in and for the State of California, County of E1 Dorado. My commission expires: 1/14/89