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Ordinance No. 403 - SupersededORDINANCE NO. 403 AN ORDINANCE OF SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ORDINANCE NO. 357 SOUTH TAHOE PUBLIC UTILITY DISTRICT TRANSFER OF SEWER UNIT ORDINANCE BE IT ENACTED, by the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of E1 Dorado, as follows: SECTION I - DEFINITIONS For the purpose of this Ordinance, the terms used herein are defined as follows: A. Sewer Unit - A sewer unit is an estimated measurement of flow and strength of wastewater discharged to the treatment facilities. A sewer unit is used for the purposes of determination of assessment of sewer service charges. B. Primary Parcel - A primary parcel is a parcel of property to which transfer of sewer units is made. C. Secondary Parcel - A secondary parcel is a parcel of property from which sewer units are transferred. SECTION II - SCHEDULE OF SEWER UNITS The Schedule of Sewer Units, as defined in Article IX, Section 9.2, or Ordinance No. 300, South Tahoe Public Utility District Sewer Regulation Ordinance, is adopted by reference in this said Transfer of Sewer Unit Ordinance. 1. Section III - Limitation of Transfer of Sewer Units Ordinance No. 357 South Tahoe Public Utility District Transfer of Sewer Unit Ordinance adopted the 1st day of September, 1983, shall be amended in its entirety as follows: SECTION III - LIMITATION OF TRANSFER OF SEWER UNITS Transfer of Sewer Units shall be limited to four classifications of property as follows: A. Transfer of all of the sewer units from a home, (i.e. single family residence, duplex and triplex) on a secondary parcel for use of a home or homes on a primary parcel or parcels. B. Transfer of all of the sewer units from a secondary parcel of commercial property for use on a primary parcel or parcels of commercial property or properties. C. Transfer of all of the sewer units from a secondary parcel of commercial property for use of a lesser number of sewer units on a primary parcel or parcels of commercial property with the balance, if any, of the sewer units not subject to transfer placed in special South Tahoe Public Utility District reserve accounts in ORDINANCE NO. 403 Page - Two the name of the seller for each jurisdiction within which the transfer occurred. The balance can thereafter be transferred from the reserve account to a primary designated parcel or parcels pursuant to approval by South Tahoe Public Utility District that the proposed transfer complies with conditions of transfer of sewer units. D. Transfer of all or a lesser amount of the sewer units shall be permitted from a secondary parcel where one or more structures have been damaged and reconstruction of said units has been prohibited by a planning agency, or where a secondary parcel which has been acquired and the improvements thereon have been destructed for public improvements. The applicant shall submit to District written documentation of agency prohibition or reconstruction of a damaged parcel. Sewer unit transfers shall be limited to the number of units in the damaged or acquired structure or structures. Transfers shall be further limited to the same type of uses as were permitted on the secondary parcel (i.e. commercial to commercial, residential to residential), except that public agencies will be handled on a case by case basis, and may place the sewer units acquired for public improvements in a reserve account provided in Section III, C., above. E. Ail sewer units not subject to transfer placed in special South Tahoe Public Utility District reserve accounts as provided in Section III, C., above, shall be held in abeyance for a period of twelve (12) months. If said sewer units are not transferred within the twelve (12) months, said sewer units shall revert to the District, except that public agencies will be handled on a case by case basis. No sewer service charges shall be due and payable for sewer units transferred to the reserve accounts provided in Section C. and D., above. When reserve account sewer units are allocated by the City of South Lake Tahoe or County of E1 Dorado from a reserve account to a primary parcel, the owner of the primary parcel shall make application and pay permit fees to the District for a new sewer connection within 30 days from the date of allocation, and pay new connection fees and charges at the current connection fee and service charge rate schedule, and be subject to all other rules, regulations and ordinances of the District, including all Sections of Ordinance No. 357 not amended by Ordinance No. 403. 2. Section IV. - Conditions of Transfer of Sewer Units of said Ordinance No. 357 shall be amended in its entirety as follows: SECTION IV. - CONDIIONS OF TRANSFER OF SEWER UNITS Transfer of sewer units shall be limited to the following conditions, and no sewer permit shall be issued for a primary parcel until there is compliance with all of the following conditions: A. No transfer of a sewer unit shall increase the estimated measurement of flow and strength of wastewater discharged to the treatment facilities per sewer unit transferred. ORDINANCE NO. 403 Page - Three B. No transfer of sewer units to a primary parcel shall increase the flow and strength of wastewater discharged to the treatment facilities from any other commercial parcel in the South Tahoe Public Utility District per sewer unit transferred. C. No transfer of sewer units shall be made from a secondary parcel or property that has not had complete restoration to its natural condition. D. No transfer of sewer units shall be made from a secondary parcel of property that was not connected to the South Tahoe Public Utility District sewer system and discharging into said sewer system on or after April 26, 1977. A transfer may be permitted from a secondary parcel not connected to the South Tahoe Public Utility District sewer system and not discharging into said sewer system on or after April 26, 1977, if said secondary parcel was exempted from the provisions of the California Regional Water Quality Control Board, Lahontan Region, Cease and Desist Order of April 26, 1977, as amended through November 19, 1979, by said Control Board between April 26, 1977 and November 19, 1979. E. The Board of Directors of South Tahoe Public Utility District shall determine the number of sewer units required for the primary parcel. Any sewer units available to the secondary parcel and not determined to be required for the primary parcel shall revert to the South Tahoe Public Utility District, except as provided in Sections III, C. and D., above. F. The South Tahoe Public Utility District Board of Directors shall review all transfers of sewer units and shall notify the City of South Lake Tahoe or County of E1 Dorado that the transfer of sewer units complies with the foregoing provision of Section IV. of this Ordinance. G. The use of the primary parcel shall conform to the applicable City of South Lake Tahoe or County of E1 Dorado general plan. The City Council or County Board of Supervisors shall make a finding of conformity. H. The applicant for a transfer shall have 60 days after the foregoing notification by the Board of Directors of South Tahoe Public Utility District to secure approval of the transfer from the City of South Lake Tahoe or County of E1 Dorado and finding of conformity by said City or County applicable general plan. I. Ail special sewer assessments of the South Tahoe Public Utility District and all special assessments of the County of E1 Dorado shall be paid in full for the secondary parcel within thirty (30) days after approval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. J. Ail property taxes due and payable at the time of the transfer shall be paid for the secondary parcel within thirty (30) days after approval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. K. Ail existing sewer connection fees and charges to South ORDINANCE NO. 403 Page - Four Tahoe Public Utility District shall be paid for the primary parcel within thirty (30) days after approval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. L. Ail liens upon the secondary parcel of property shall be satisfied, or in the alternative, written concurrence shall be required from any lienholder, which written concurrence shall save the South Tahoe Public Utility District free and harmless from any and all claims arising out of the transfer of sewer units from the secondary parcel within thirty (30) days after approval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. M. Ail lateral sewer connections of the secondary parcel shall be removed, plugged and sealed in a manner satisfactory to the South Tahoe Public Utility District within thirty (30) days after approval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. N. Ail water service utilities for the secondary parcel shall be disconnected to the satisfaction of the South Tahoe Public Utility District within thirty (30) days after approval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. O. Where units are transferred from damaged structures the structures shall be removed from the secondary parcel and a deed restriction shall be recorded prohibiting rebuilding of structures on the area where the damaged structures were removed. All sewer laterals and water lines to the structures removed shall be removed, plugged and sealed in a manner satisfactory to the South Tahoe Public Utility District within thirty (30) days after approval of the transfer. P. Ail provisions of the City of South Lake Tahoe or County of E1 Dorado Transfer of Sewer Connection Ordinances shall be complied with by the applicant for transfer except the Notice of Transfer provision. Q. The Board of Directors of the South Tahoe Public Utility District shall authorize the District staff to issue a new sewer permit for the primary parcel only after it finds the following: 1) That each and every foregoing provision of this Sewer Transfer Ordinance has been complied with; 2) That the provisions of Ordinance No. 300 for issuing a sewer permit to the primary parcel have been complied with; 3) That a duly authorized written request for cancellation of any existing sewer permit for the secondary parcel is on file with the South Tahoe Public Utility District, and that said permit has been cancelled. 4) That the city Attorney of South Lake Tahoe or the County Counsel of E1 Dorado County will record a Notice of Transfer describing the primary and secondary parcels, at ieast by ORDINANCE NO. 403 Page - Five Assessor's Parcel Numbers, and include attached to said Notice the written satisfaction of lienholders, or the alternative written concurrence and hold harmless of the lienholders, after issuance of a building permit. 3. Except as Sections III and IV are amended by this Ordinance No. 403, all Sections of Ordinance No. 357 are ratified and confirmed, and shall remain in full force and effect. PASSED AND ENACTED BY THE Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 2nd day of November, 1987, by the following vote: AYES: Directors Wynn, Olson, Jones, Madden, Mason NOES: None ABSENT: None ATTEST: PA~ A. MAMATH, ~LERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT AFFIDAVIT OF POSTING State of California ) )ss County of E1 Dorado ) I, Patrick Dolan , 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 Ordinance No. 403 in form attached hereto and by reference made a part hereof, in three (3) public places in the District as follows: (1) City of South Lake Tahoe Administration Building South Lake Tahoe, CA (2) A1 Tahoe Post Office Station (Main Post Office) South Lake Tahoe, CA (3) Tahoe Valley Post Office Station ("Y" area) South Lake Tahoe, CA That said posting was completed on the ;~-/~-day of Subscribed and sworn to me this day of ~0u~~ , 198 . Notary Public in and for the State of California, County of E1 Dorado. IIIIIIHIIIIIIIIIIIIIIIilIIIIII IIIIIIll IIII iI i iiIiHiiiiIiiI[~ __m OFFICIAL SEAL PAT A. MAMATH NOTARY PUBLtC-CALI FORNIA EL O©RADO COUNTY A~,¥ cemmiSsforl expires Ja~. 14, 1989 mm I1~ IIIlllllllllllllllli.;lll lilt ~l ! 1 ! Ili~ll I I IIIIIIIlilll !11~ My commission expires: ORDINANCE NO. 357 SOUTH TAHOE PUBLIC UTILITY DISTRICT TRANSFER OF SEWER UNIT ORDINANCE AN ORDINANCE SUPERSEDING ORDINANCE NO. 321 BE IT ENACTED by the Board of Directors of South Tahoe Public Utility District, County of E1 Dorado, as follows: SECTION I - DEFINITIONS For the purpose of this Ordinance, the terms used herein are defined as follows: A. Sewer Unit - A sewer unit is an estimated measurement of flow and strength of wastewater discharged to the treatment facilities. A sewer unit is used for the pur- poses of determination of assessment of sewer service charges. B. Primary Parcel - A primary parcel is a parcel of property to which transfer of sewer units is made. C. Secondary Parcel - A secondary parcel is a parcel of property from which sewer units are transferred. SECTION II - SCHEDULE OF SEWER UNITS The Schedule of Sewer Units, as defined in Article IX, Section 9.2, of Ordinance No. 300, South Tahoe Public Utility Distric% Sewer Regulation Ordinance, is adopted by reference in this said Transfer of Sewer Unit Ordinance. SECTION III - LIMITATION OF TRANSFER OF SEWER UNITS Transfer of Sewer Units shall be limited to three classifications of property, as follows: A. Transfer of the sewer units for a home on a secondary parcel for use of a home on a primary parcel. B. Transfer of the sewer units for a secondary parcel of commercial property for use of a primary parcel of commercial property. ORDINANCE NO. 357 Page 2 C. Transfer of the Sewer Units shall be permitted from a secondary parcel where one or more structures have been damaged and reconstruction of said units has been pro- hibited by a Planning Agency. The applicant shall submit to District written documentation of Agency prohibition on re- construction. Sewer Unit transfers shall be limited to the number of units in the damaged structures. Transfers shall be further limited to the same type of uses as were permitted on the Secondary parcel (i.e., commercial to commercial, resi- dential to residential). SECTION IV - CONDITIONS OF TRANSFER OF SEWER UNITS Transfer of sewer units shall be subject to the following conditions, and no sewer permit shall be issued for a primary parcel until there is compliance with all of the following conditions: A. No transfer of a sewer unit shall increase the estimated measurement of flow and strength of wastewater discharged to the treatment facilities. B. No transfer of sewer units to a primary com- mercial parcel shall increase the flow and strength of wastewater discharged to the treatment facilities from any other commercial parcel in the South Tahoe Public Utility District. C. No transfer of sewer units shall be made from a secondary parcel of property that was not connected to the South Tahoe Public Utility District sewer system and dis- charging into said sewer system on or after April 26, 1977. A transfer may be permitted from a secondary parcel not con- nected to the South Tahoe Public Utility District sewer system and not discharging into said sewer system on or after April 26, 1977, if said secondary parcel was exempted from the pro- visions of the California Regional Water Quality Control Board, Lahontan Region, Cease and Desist Order of April 26, 1977, as amended through November 19, 1979, by said Control Board be- tween April 26, 1977 and November 19, 1979. D. The Board of Directors of South Tahoe Public Utility District shall determine the number of sewer units required for the primary parcel. Any sewer units available to the secondary parcel and not determined to be required for the primary parcel shall revert to the South Tahoe Public Utility District. ORDINANCE NO. 357 Page 3 E. The South Tahoe Public Utility District Board of Directors shall review all transfers of sewer units and shall notify the City of South Lake Tahoe or County of E1 Dorado that the transfer of sewer units complies with the foregoing provision of Section IV of this Ordinance. F. The use of the primary parcel shall conform to the applicable City of South Lake Tahoe or County of E1 Dorado general plan. The City Council or County Board of Supervisors shall make a finding of conformity. G. The applicant for a transfer shall have 60 days after the foregoing notification by the Board of Directors of South Tahoe Public Utility District to secure approval of the transfer from the City of South Lake Tahoe or County of E1 Dorado and a finding of con- formity by said City or County applicable general plan. H. Ail special sewer assessments of the South Tahoe Public Utility District and all special assessments of the County of E1 Dorado shall be paid in full for the secondary parcel within thirty (30) days after approval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. I. Ail property taxes due and payable at the time of the transfer shall be paid for the secondary parcel within thirty (30) days after approval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. J. Ail existing sewer connection fees and charges to South Tahoe Public Utility District shall be paid for the primary parcel within thirty (30) days after approval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. K. Ail liens upon the secondary parcel of property shall be satisfied, or in the alternative, written concurrence shall be required from any lienholder, which written concurrence shall save the South Tahoe Pub- lic Utility District free and harmless from any and all claims arising out of the transfer of sewer units from the secondary parcel within thirty (30) days after ap- proval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. L. Ail lateral sewer connections of the secondary parcel shall be removed, plugged and sealed in a manner satisfactory to the South Tahoe Public Utility District within thirty (30) days after approval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. ORDINANCE NO. 357 Page 4 M. Ail water service utilities for the secondary parcel shall be disconnected to the satisfaction of the South Tahoe Public Utility District within thirty (30) days after approval of the transfer of sewer units by the City of South Lake Tahoe or County of E1 Dorado. N. Where units are transferred from damaged structures the structures shall be removed from the Secon- dary Parcel and a deed restriction shall be recorded pro- hibiting rebuilding of structures on the area where the damaged structures were removed. All sewer laterals and water lines to the structures removed shall be removed, plugged and sealed in a manner satisfactory to the South Tahoe Public Utility District within thirty (30) days after approval of the transfer. O. Ail provisions of the City of South Lake Tahoe or County of E1 Dorado Transfer of Sewer Connection Ordinances shall be complied with by the applicant for transfer except the Notice of Transfer provision. P. The Board of Directors of the South Tahoe Public Utility District shall authorize the District staff to issue a new sewer permit for the primary parcel only after it finds the following: I. That each and every foregoing provision of this Sewer Transfer Ordinance has been complied with; 2. That the provisions of Ordinance No. 300 for issuing a sewer permit to the primary parcel have been complied withz 3. That a duly authorized written request for cancellation of any existing sewer permit for the secondary parcel is on file with the South Tahoe Public Utility District, and that said permit has been cancelled. 4. That the City Attorney of South Lake Tahoe or the County Counsel of E1 Dorado County will record a Notice of Transfer describing the primary and secondary parcels, at least by Assessor's Parcel Numbers, and in- clude attached to said Notice the written satisfaction of lienholders, or the alternative written concurrence and hold harmless of the lienholders, after issuance of a building permit. SECTION V - VESTED RIGHTS A. This Ordinance shall not create any vested right in any parcel of property for which an application to transfer may be made. B. The approval of any transfer of sewer units is discretionary with the Board of Directors of South Tahoe Public Utility District, regardless of compliance with this Ordinance. ORDINANCE NO. 357~ Page 5 C. No sewer permit for a primary parcel issued by the District staff after authorization by the Board of Directors of South Tahoe Public Utility District pursuant to this Ordinance shall be valid unless an application for a building permit is submitted to the City of South Lake Tahoe or County of E1 Dorado for the primary parcel within seven (7) calendar days after issuance of said sewer permit and has been accepted within seven (7) calendar days by said City or County for the issuance of the building permit. D. If the City of South Lake Tahoe or County of E1 Dorado voids or cancels a building permit for the primary parcel, the sewer permit issued for the primary parcel pur- suant to this Ordinance shall then be null and void. SECTION VI - RELIEF ON APPLICATION A. When any person by reason of special circum- stances, is of the opinion that any provision of this Ordinance is unjust or inequitable as applied to his property, 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 property. B. If such application be approved, the Board may, by resolution, suspend or modify the provision com- plained of, as applied to such property to be effective as of the date of the application and continuing during the period of the special circumstances. SECTION VII - RELIEF ON OWN MOTION A. The Board may, on its own motion, find that by reason of special circumstances any provision of this regulation and ordinance should be suspended or modified as applied to a particular property and may, by resolution, order such suspension or modification of such property during the period of such special circumstances, or any part thereof. SECTION VIII - SEPARABILITY If any section, subsection, sentence, clause or phrase of this Ordinance or the application thereof to any person or circumstances 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 ORDINANCE NO. 357 Page 6 have passed this Ordinance or any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared to be unconstitutional. SECTION IX - ]980 ALLOCATION PERMITS A. Transfer of the right to a home sewer permit for a secondary parcel drawn through the City of South Lake Tahoe and County of E1 Dorado Allocation ProGram in 1980 for use of a home on a primary parcel shall not'be subject' of this said Ordinance but shall be subject of policy adopted by the Board of DireCtors of South Tahoe Public Utility Distirct on July 17, 1980. SECTION X - SUPERSEDES FO~qER ORDINANCE This Ordinance amends Ordinance No. 321 in its entirety and supersedes said Ordinance. Jam~s Tahoe Publ~Utility District __-'- R. Jones, P~r~f~s~dent ~th ATTEST: South Tahoe Public Utility District I hereby certify that the foregoing is a full, true, correct copy of ORDINANCE NO. 357 duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, at a meeting thereof duly held on the 1st day of SEPTEMBER 1983 , by the following vote: AYES: Directors Jones, Olson, Lowe, Wynn and Madden NOES: None ABSENT: None ~'la'r~ D//AJnbr~c~s&,' 'C'l~r~ of Board . South ~ahoe Public Utility Districn