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City of Hermosa Beach Municipal Code -- Public Service


CITY OF

HERMOSA BEACH

MUNICIPAL CODE ON-LINE


PUBLIC SERVICE



Chapter 13.04


SEWER CONNECTION FEES




13.04.010

Short title.

13.04.020

Purpose.

13.04.030

Authority.

13.04.040

Administration.

13.04.050

Definitions.

13.04.060

Fee required when--Credits.

13.04.070

Calculation of the fee.

13.04.080

Calculation of the fee rate.

13.04.090

Payment of fee.

13.04.100

Refunds.







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13.04. 010 Short title.

This chapter shall be known as the sewer connection fee ordinance for the city and may be cited as such. (Prior code § 28-7)


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13.04. 020 Purpose.

The purpose of this chapter is to impose charges for the privilege of connecting a parcel within the city directly or indirectly, to the city's sewerage system as hereinafter defined or for increasing the quantity of wastewater attributable to a connected parcel, and to provide for collection of said charges. All properties shall discharge wastewater to city sewer lines. Funds derived under this article shall be deposited in the city's sewer fund. (Prior code § 28-8)


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13.04. 030 Authority.

The city council is empowered to fix fees or charges for the privilege of connecting to its sewerage system. (Prior code § 28-9)


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13.04. 040 Administration.

The director shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed on the director may be delegated by the director to persons acting in the beneficial interest of, or in the employ of the city. (Prior code § 28-10)


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13.04. 050 Definitions.

This chapter shall be construed according to the following definitions:

"Added burden" means any of the following:

  1. A connection, direct or indirect, to the sewerage system for the first time, of any structure located on a parcel(s) of land within the city;
  2. An existing connection from a parcel where the number of sewer units attributable to said parcel has been increased due to construction of additional dwelling units or change in land usage.

"Director" means the director of public works of the city or his duly authorized deputy or agent.

"Local governmental parcel" means any parcel which is not subject to this chapter and which is owned by the city; provided, that such parcel is used for a governmental rather than proprietary function and which use is for the direct benefit of the public in general and not for the benefit of a single class or classes of individuals.

"Parcel" means real property upon which an assessment is made.

"Person" means any individual, partnership, committee, association, corporation, public agency, and any other organization or group of persons, public or private.

"Sewage unit" means the average daily quantity of sewage flow from a single-family home measured in terms of flow.

"Sewerage system" means the entire network of wastewater collection and conveyance which are interconnected by means of sewers and owned in whole by the city.

"Unit of usage" means the basic unit of measure which quantifies the degree of use of a particular parcel (e.g., dwelling unit, square footage). Square footage of an improvement shall be based upon the gross exterior dimensions of the structure.

"User category" means the specific land use classification for a particular parcel which is defined in terms of its use (e.g., single-family home, restaurant).

"Wastewater" means the water-carried wastes of the community derived from human or industrial sources including wastewater of domestic origin and industrial wastewater. (Prior code § 28-11)


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13.04. 060 Fee required when--Credits.

No person shall impose an added burden, as herein defined, to the sewage system from any parcel within the boundaries of the city until an application for sewer connection has been made and approved by the director and a connection fee has been paid to the city. Local governmental parcels shall not be subject to a connection fee under this chapter.

A. Any person imposing an added burden shall pay a connection fee in accordance with this chapter. With respect to discharges which constitute an increase in the quantity of wastewater attributable to a particular parcel or operation already connected, the connection fee shall be based on the increase in anticipated use of the sewerage system.

B. A credit shall be allowed with respect to new construction replacing a demolished building which had been connected to the sewerage system or with respect to a change in use of a building which had been connected to the sewerage system.

The credit for a demolished building shall be equal to the connection fee that would have been paid with respect to the most recently demolished building under the terms of this chapter and based on the current connection fee rate.

The credit for a change in use of a building which had been connected to the sewerage system shall be based upon the units of usage existing immediately prior to construction of the improvement or occurrence that brought about the increased use and the current connection fee rate.

If a demolished building or a building for which there was a former use had a prior connection fee application approved by the city, the credit provided for above shall be based upon the highest number of sewer units for which a connection fee application had been approved and the current connection fee rate.

It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the director the user category and the number of units of usage applicable to a demolished building or a building for which there was a former use, and whether or not such building was connected to the sewerage system. The credit provided for in the first paragraph of subsection B above shall be applicable only to the specific parcel upon which the demolition has occupied and may be allocable by the owner of such parcel if more than one building is being connected.

C. The city council finds that under certain circumstances the transfer to a different parcel of a business operation discharging wastewater does not impose any additional burden on the sewerage system.

A credit which shall be referred to as a relocation credit shall be allowed for the relocation to a different parcel of a business operation discharging wastewater upon the following requirements being met:

  1. That essentially the same business operation has been transfered from one parcel to another and such operation was previously connected directly or indirectly to the sewerage system;
  2. That the business operation was owned prior to the transfer by the same person now making claim to a relocation credit;
  3. That the discharger has demonstrated to the satisfaction of the director that the business operation has been abandoned from the parcel from which the transfer has occurred or presented a certification in writing that such business operation will be abandoned within six months of the city approving an application for connection. Should the facility not be abandoned within the prescribed period, the relocation credit shall be revoked and a connection fee with respect to the parcel to which the business operation was transferred shall be due and payable as of the date said parcel was connected to the sewerage system. The connection fee shall equal the product of the number of sewer units upon which the relocation credit was based and the current connection fee rate;
  4. That the director has made a determination that there is adequate capacity in the sewerage system to accommodate connection of the business operation to be transferred. In no case shall the credit provided for in subsections B or C of this section exceed the new connection fee.

D. The city council finds in the case when the discharger is required to construct/replace sewer facilities, the discharger shall pay a fee equal to the calculated fee rate minus a credit for the actual construction cost of the sewer facility. In no case shall the credit for the actual construction cost exceed the calculated fee rate. (Prior code § 28-12)


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13.04. 070 Calculation of the fee.

A. The connection fee for any parcel within the city's boundaries imposing an added burden to the sewerage system shall be based on anticipated use and shall equal the product of the estimated number of sewer units which will result from the added burden, as determined in subsection B of this section, and the connection fee rate determined pursuant to Section 13.04.080.

B. Calculation of the Number of Sewage Units. The number of sewage units (SU) shall be determined by the following formula:




SU =

(FLOW)




(avg)




(FLOW)




(sfh)


Where:




FLOW=


Estimated flow of wastewater which avg will enter the sewerage system from a user in gallons per day.


FLOW=


Average flow of wastewater from sfh a single-family home in gallons per day.


C. The number of sewer units attributable to a parcel from which no industrial wastewater is discharged shall be calculated using mean loadings per unit of usage for each connecting parcel's user category as adopted from time to time by the city council. The mean loadings per unit of usage for flow in gallons per day, shall be based upon the best data currently available, including updated sampling information and data from other jurisdictions and publications including the board of directors of the Los Angeles County sanitation district. (Prior code § 28-13)


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13.04. 080 Calculation of the fee rate.

The estimated cost of the entire city sewer system divided by the estimated total number of sewer units in the city equals the cost of one sewer unit. This calculation, including an inflation factor, is performed once annually. The connection fee rate shall be twenty-five (25) percent of the cost of a sewer unit. (Prior code § 28-14)


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13.04. 090 Payment of fee.

All fees shall be determined by and paid to the city's building and safety department. The fee shall be paid prior to building occupancy. The moneys collected shall be deposited with the city and credited to the sewer fund. (Prior code § 28-15)


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13.04. 100 Refunds.

In the event that any person shall have paid the applicable sewer connection fee and no installation shall have been commenced and the permit for such installation shall have been canceled or have expired, said person shall be entitled to a refund in an amount equal to one hundred (100) percent of the sewer connection fee paid by said person, minus one percent of said charge; however, the amount retained shall not be less than ten dollars ($10.00), nor more than one hundred dollars ($100.00). (Prior code § 28-16)


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