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Home My WebLink About92-33 - Amending Chapter 14.24 of the Newport Beach Municipal Code Pertaining to Sewer Use and Sewer Connection FeesNO. 92-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 14.24 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SEWER USE AND SEWER CONNECTION FEES. The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Chapter 14.24 of the Newport Beach Municipal Code is amended to read: Chapter 14.24 SEWER CONNECTIONS PERMITS Sections: 14.24.010 Definitions. 14.24.020 Dwelling Unit And Business Structure Sewer Connection Required. 14.24.030 Application For Sewer Connection. 14.24.040 Contents Of Application. 14.24.050 Sewer Connection Fee. 14.24.060 Sewer Connection Requisite To Occupancy. 14.24.065 Sewer Use Charge. 14.24.070 Owner Indebted For Expense. 14.24.080 Sewer Connections In County Sanitation District No. 7 14.24.090 Permit Required For Connection Outside Of City. • 14.24.100 Permit Conditions For Connection Outside Of City. 14.24.110 Consent Discretionary For Connection Outside Of City. Section 14.24.010 Definitions. GENERALLY. For the purpose of this Chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless the provisions of the context otherwise require. DWELLING UNIT. The term "dwelling unit" shall be defined as specified in Section 20.87.140 of this Code. BUSINESS STRUCTURE. The term "business structure" shall mean any building or structure erected for the purpose of having transacted or carried on therein any trade, profession, occupation, business or calling, or which is capable of having carried on is therein any trade, profession, occupation, business or calling. PUBLIC SEWER. The term "public sewer" shall mean any sewer in any part of the City used, controlled or operated by the City. Section 14.24.020 Dwelling Unit And Business Structure Sewer Connection Required. Every dwelling unit or business structure in -1- the City shall be connected with the public sewer in the manner, at the place, under the supervision of and to the satisfaction of the Utilities Director, if the dwelling unit or business structure is within 200 feet of the public sewer. Each unit shall be individually connected to the City sewer •systems unless otherwise approved by the Utilities Director. Each lateral connection shall be constructed in accordance with the City's standards for such connections and shall have a clean -out assembly at the property line. Section 14.24.030 Application For Sewer Connection. At the time of application for a building permit by any person for the erection of any building in the City, if the building when erected shall be located within 200 feet of a public sewer line, an application to have the building connected with the public sewer shall also be filed with the Public Works Department, and no building permit under such conditions shall be issued until the application for a sewer connection is completed and the sewer connection fee has been paid. • Section 14.24.040 Contents Of Application. The application shall set forth the name of the applicant and a description of the property upon which the sewer connection is to be made, and the approximate distance of the building when erected from the nearest point on a main sewer line of the public sewer. Section 14.24.050 Sewer Connection Fee. The applicant shall pay Two Hundred Fifty Dollars ($250) for each connection to the public sewer. Section 14.24.060 Sewer Connection Requisite To Occupancy. No building hereafter erected in the City shall be occupied for any purpose until the same is connected with the public sewer, if such building is within 200 feet of a public sewer line, and until all fees and costs for making the connection have been paid. Section 14.24.065 Sewer Use Charge. (a) A basic sewer use charge of $3.60 per month, shall be assessed against each individually metered dwelling unit or business structure connected to the public sewer system and for each sewer connection to the -2- public sewer system for customers who purchase water from the City of Newport Beach except as provided in (c). (b) A basic sewer use charge of $5.25 per month, shall be assessed for each use connection to the public sewer system for customers who do not purchase water from the City of Newport Beach. •(c) A supplemental sewer use charge of $2.00 per month, shall be assessed for each additional living unit served by the same sewer connection. For the purposes of this Subsection, the term "living unit" shall mean each additional dwelling unit and structures designed for permanent residential use and each room with sanitary and sleeping facilities in any hospital, care facility, hotel or motel. (d) In addition to the charges specified above, a sewer consumption charge of $0.08 shall be assessed for each hundred cubic feet of water delivered to each customer connected to the public sewer system. (e) A wastewater surcharge of $10.00 per month shall be assessed to each water customer on all non - irrigation water meters • which have a diameter that equals or exceeds two inches. Water meter connections for the exclusive purpose of providing water for fire sprinkler of fire protection systems shall be exempted from this surcharge. Section 14.24.070 Owner Indebted For Expense. The expense of making any connection with the public sewer to a dwelling unit or business structure and the amount of any unpaid sewer charges shall be the obligation of the property owner. Section 14.24.080 Sewer Connections In County Sanitation District No. 7. No building permit shall be issued by the Building Department for any construction requiring a sewer connection which is located within the boundaries of County Sanitation District No. 7 of Orange County until the applicant has presented written evidence of payment of any connection charges required by said District. Section 14.24.090 Permit Required For Connection Outside Of City. No person shall connect property located outside of the City -3- with the City Sewer System, without a written permit from the City. Section 14.24.100 Permit Conditions For Connection Outside Of City. The City Council in granting a permit authorizing the connection of property located outside of the City boundaries with the City Sewer System shall impose a time limit on such permit and may attach any other terms and conditions as the Council may deem necessary. As a specific condition to granting such permit, the City Council may require the owner or owners of the property to be served to enter into a written agreement guaranteeing annexation to the City within a definite period of time. Section 14.24.110 Consent Discretionary For Connection Outside Of City. No provisions of this Chapter shall be construed to mean that the City shall be required at any time to give its consent, written or otherwise, to the use of the Sewer System for property outside the corporate limits of the City. Any permit granted hereunder, except as may be otherwise provided by written agreement with the City, shall be revocable at any time upon a thirty days' written notice to the permittee outside of the City • using the Sewer System. SECTION 2: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on -4- the 22nd day of June , 1992, and adopted on the 13th day of July , 1992, by the following vote, to wit: AYES, COUNCILMEMBERS HELX;E; i, wArr, TURNER, SANSONE, HART, COX, PIUrkM NOES, COUNCILMEMBERS NONE • ABSENT COUNCILMEMBERS NONE .r MAYOR ATTEST: CITY CL RK gr /ordiMsewer.ord • • -5-