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Boise, ID Code of Ordinances
CITY CODE of BOISE CITY, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS, COMMISSIONS, COMMITTEES
TITLE 3 LICENSES AND PERMITS
TITLE 4 HEALTH AND SANITATION
TITLE 5 PUBLIC SAFETY
TITLE 6 MOTOR VEHICLES AND TRAFFIC
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 AIRPORT
TITLE 9 BUILDING CODES AND REGULATIONS
TITLE 10 PUBLIC UTILITIES
CHAPTER 1 IRRIGATION SYSTEM REGULATIONS
CHAPTER 2 SEWER USE AND REGULATIONS
10-2-1: PURPOSE AND AUTHORITY:
10-2-1-1: PURPOSE:
10-2-1-2: POLICY TO ENHANCE AND PRESERVE WATER QUALITY:
10-2-1-3: APPLICABILITY OF CHAPTER:
10-2-1-4: TITLE; OBJECTIVES:
10-2-1-5: COMPOSITION OF SEWER SYSTEM:
10-2-1-6: PUBLIC WORKS COMMISSION:
10-2-1-7: PUBLIC WORKS DEPARTMENT DIRECTOR:
10-2-1-8: SEWAGE WORKS FUND:
10-2-2: GENERAL PROVISIONS:
10-2-2-1: DEFINITIONS:
10-2-2-2: ABBREVIATIONS:
10-2-2-3: MISCELLANEOUS PROVISIONS:
10-2-3: REGULATIONS FOR INDUSTRIAL AND COMMERCIAL DISCHARGERS:
10-2-4: CONNECTION REQUIREMENTS:
10-2-4-1: NEW CONSTRUCTION:
10-2-4-2: CHANGE OF USE:
10-2-4-3: EXISTING STRUCTURE FOR WHICH CONNECTION FEES HAVE BEEN PAID:
10-2-4-4: EXISTING STRUCTURE FOR WHICH CONNECTION FEES HAVE NOT BEEN PAID:
10-2-5: WASTEWATER COLLECTION SYSTEM:
10-2-5-1: EVERY STRUCTURE MUST BE INDIVIDUALLY CONNECTED:
10-2-5-2: SERVICE LINES; USER RESPONSIBILITIES:
10-2-5-3: INSPECTIONS; RIGHT OF ACCESS:
10-2-5-4: TAP-INS:
10-2-5-5: PLUGS:
10-2-5-6: CONSTRUCTION OF SEWER:
10-2-5-7: FINANCING SEWERS:
10-2-5-8: EXTENSIONS AND REIMBURSEMENT PERCENTAGES:
10-2-5-9: DEVELOPER AGREEMENTS AND METHODS OF REIMBURSEMENT:
10-2-5-10: SEWER EASEMENT ACQUISITION POLICIES:
10-2-5-11: LIFT STATIONS:
10-2-5-12: FOOD DISPOSAL UNITS:
10-2-6: FEE AUTHORITY; CREDITS:
10-2-6-1: ANNUAL REVIEW FOR FEES:
10-2-6-2: WHEN CONNECTION FEES ARE DUE:
10-2-6-3: CAPITAL FEES:
10-2-6-4: WASTEWATER SYSTEM OPERATION AND MAINTENANCE FEES:
10-2-6-5: MISCELLANEOUS FEES:
10-2-6-6: CREDITS:
10-2-7: FEES AND CHARGES:
10-2-7-1: CAPITAL FEES AND CHARGES:
10-2-7-2: OPERATION AND MAINTENANCE FEES:
10-2-7-3: SPECIFIED FEES:
10-2-8: FEE DEFERRAL PROCEDURES; DEFERRAL TYPES:
10-2-8-1: GENERAL PROCEDURE FOR ALL CONNECTION FEE DEFERRALS:
10-2-8-2: DISQUALIFICATIONS FOR SEWER CONNECTION FEE DEFERRALS:
10-2-8-3: COMMERCIAL TRUNK AND TREATMENT CONNECTION FEES:
10-2-8-4: RESTAURANT TRUNK AND TREATMENT CONNECTION FEES:
10-2-8-5: RESIDENTIAL TRUNK AND TREATMENT CONNECTION FEES:
10-2-8-6: DEFERRAL OF FERMENTED BEVERAGE PRODUCER TRUNK AND TREATMENT CONNECTION FEES:
10-2-8-7: DEFERRAL OF TRUNK AND TREATMENT CONNECTION FEES FOR AFFORDABLE HOUSING PROJECT:
10-2-8-8: DEFERRAL OF EQUIVALENT ASSESSMENT FEES:
10-2-9: WAIVERS AND APPEALS:
10-2-9-1: WAIVER OF INDIVIDUAL PHYSICAL CONNECTION:
10-2-9-2: WAIVER OF REQUIREMENT TO CONNECT:
10-2-9-3: WET LINE WAIVER:
10-2-9-4: WAIVER PROCEDURES; COMMERCIAL TREATMENT CREDIT PROCEDURE:
10-2-9-5: SEWAGE PUMP APPEAL FOR UNDUE HARDSHIP:
10-2-9-6: SERVICE CHARGES AND CAPITAL FEES APPEALS:
10-2-9-7: APPEAL OF DECISION TO DISCONNECT SEWER:
10-2-9-8: APPEAL PROCEDURES:
10-2-9-9: APPEAL FROM DECISION OF COMMISSION:
10-2-10: PROHIBITIONS:
10-2-10-1: INTERFERENCE WITH CITY SEWER SYSTEM PROHIBITED:
10-2-10-2: FALSIFYING INFORMATION:
10-2-10-3: UNLAWFUL TO OCCUPY OR USE BUILDING WITHOUT CONNECTION:
10-2-10-4: SEPTAGE DUMPING PROHIBITED:
10-2-10-5: HARMFUL SUBSTANCES PROHIBITED:
10-2-10-6: EMERGENCY SUSPENSION OF SERVICE:
10-2-10-7: INFILTRATION PROHIBITED; STORMWATER; EXCESS DISCHARGE:
10-2-11: PENALTY AND REMEDIES:
10-2-11-1: CRIMINAL PENALTY:
10-2-11-2: CIVIL REMEDIES:
10-2-11-3: DELINQUENCY OF PAYMENTS:
10-2-11-4: DISCONNECTION OF SEWER FOR NONPAYMENT:
CHAPTER 3 GEOTHERMAL SYSTEM REGULATIONS
CHAPTER 4 SOLID WASTE SERVICES
CHAPTER 5 PRETREATMENT REGULATIONS
CHAPTER 6 STORMWATER MANAGEMENT AND DISCHARGE CONTROL
TITLE 11 DEVELOPMENT CODE
PARALLEL REFERENCES
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10-2-6-6: CREDITS:
   A.   Residential Pump Credit:
      1.   In the event installation of a pump is required to enable an existing single-family residential structure to be served by the public sewer system, the user shall receive a credit of up to five thousand two hundred dollars ($5,200.00) against the fees imposed under subsection 10-2-6-3A of this chapter, and the equivalent assessment (public service line fee not included) under subsection 10-2-6-3C of this chapter, if either of the following situations exist:
         a.   The public sewer was constructed and accepted for service prior to January 1, 1996; or
         b.   The public sewer was constructed on or after January 1, 1996, but was not constructed to at least the sewer design policy depth guidelines approved by the Public Works Commission.
      2.   However, the amount of the credit cannot exceed the fees imposed under subsections 10-2-6-3A and C of this chapter.
   B.   Credit For Treatment Connection Fees For Commercial Property:
      1.   For the purposes of this provision, the term "owner or operator" shall mean any person who has previously paid the City sewer connection fee requirements for connection to the system.
      2.   Any owner or operator of a commercial, industrial or institutional business connected to the City sewer system who is changing the site of such business to another location having access to the City sewer system, may apply for a credit of the treatment plant connection fees imposed by subsection 10-2-6-3B of this chapter, pursuant to the procedures set forth in section 10-2-9-4 of this chapter.
      3.   The Public Works Department may give a credit for all or a portion of the connection fee requirements if it finds all of the following are applicable:
         a.   The nature of the business has not changed;
         b.   No additional treatment capacity will be required; and
         c.   Under the particular circumstances of the case, imposition of the connection fee requirements would impose an undue hardship upon the owner or operator.
      4.   The right to seek a credit for connection fees is nontransferable. Credits on the original property shall be reduced by the amount of connection fee waived.
      5.   The application for the treatment plant connection credit must be submitted prior to the time those connection fees are due.
   C.   Length Of Sewer Connection Credits: Nonuse of a City sewer system service connection for a period of ten (10) years shall constitute a relinquishment of any right to the use of such service connection and the wastewater system, as well as the relinquishment of any sewer connection credits. Resumption of service shall require payment of the current fees for new connections. Sewer connection credits are not transferable between parcels. Credits will be utilized in the order construction plans are reviewed by public works staff. (1952 Code § 8-11-06.06)
10-2-7: FEES AND CHARGES:
10-2-7-1: CAPITAL FEES AND CHARGES:
   A.   Residential Trunk Connection Fees: The rate for each connection fee is in such amounts as established by the City Council. (1952 Code § 8-11-07.01; amd. 2019 Code)
   B.   Residential Treatment Connection Fees: The rate for each treatment facility connection fee is in such amounts as established by the City Council. (Ord. 4-14, 2-4-2014; amd. 2019 Code)
   C.   Commercial Connection Fees: The rate for each connection is established on the basis of equivalent single-family residential units and is in such amounts as established by the City Council.
   D.   Equivalent Assessment Fees: For lots up to eighty six thousand (86,000) square feet in area, the fee shall be calculated on the basis of the area of the lot, in accordance with the fees established by the City Council.
   E.   Public Service Line Fees: A fee shall be charged for each public service line provided by the City, based upon the size of the service line and in such amounts as established by the City Council.
   F.   Future Sewer Deposit: As required in subsection 10-2-6-3H of this chapter, the subdivider or developer shall pay a fee in such amount as established by the City Council to the City Treasurer prior to certification of the plat by the City Engineer. (1952 Code § 8-11-07.01; amd. 2019 Code)
   G.   Temporary Lift Station Upgrade Fees: As required by subsection 10-2-6-3I of this chapter, the subdivider or developer shall pay a fee as calculated by the Public Works Department for the developer's share of the possible upgrade of a temporary lift station serving the developer's development. (1952 Code § 8-11-07.01)
10-2-7-2: OPERATION AND MAINTENANCE FEES:
   A.   Fixed Charge For Zero Use: There shall be a minimum charge in such amount as established by the City Council for zero (0) cubic feet of water used.
   B.   Charges For Unmonitored Connections: The monthly sewer charge for users with unmonitored connections to the wastewater system shall be in such amount as established by the City Council.
   C.   Charges For Monitored Connections: The monthly service charge for fee users with monitored connections to the wastewater system shall be in such amounts as established by the City Council.
   D.   Temporary Lift Stations: The monthly charge for each person served by a temporary lift station shall be in such amount as established by the City Council. (Ord. 35-18, 9-11-2018, eff. 10-1-2018; amd. 2019 Code)
   E.   Hardship (Low Income) Discount: Residential customers may apply for a hardship (low income) discount on residential sewer service, by making application to the department. Applications shall be submitted annually with updated financial information confirming annual family gross income. The department may reduce the charges for sewer service by up to thirty percent (30%) upon determining that the customer is experiencing financial hardship as defined herein. (Ord. 35-18, 9-11-2018, eff. 10-1-2018; amd. 2019 Code; Ord. 34-23, 8-29-2023)
10-2-7-3: SPECIFIED FEES:
The following specified fees shall be in such amounts as established by the City Council:
   A.   Account Initiation Fee: A one-time fee assessed upon the initiation of a new account. If an additional service (e.g., solid waste service) is also started at the same time, the fee will be split equally between sewer and the second service.
   B.   Sewer Inspection Fees: The sewer inspection fee shall be per linear foot of sewer installed, excluding service lines. For inspections which are required during any time other than a normal working day, the contractor or developer shall reimburse the City at an hourly rate.
   C.   Administrative Fees:
      1.   Residential Deferral: There shall be charged an administrative fee, per agreement, for the processing of deferrals for trunk connection fees and treatment facilities connection fees.
      2.   Commercial/Fermented Beverage Producer/Restaurant Deferral: There shall be charged an administrative fee, per agreement, for the processing of deferrals for trunk connection fees and treatment facilities connection fees.
      3.   Equivalent Assessment Deferral: There shall be charged an administrative fee for the processing of each deferral for equivalent assessment fees.
      4.   Commercial Treatment Credit: There shall be charged an administrative fee for the processing of each commercial treatment plant connection credit application.
      5.   Waiver Application Fees: There shall be charged an administrative fee for the processing of each waiver application.
      6.   Prepayment Fees: There shall be charged an administrative fee for the processing of each prepayment agreement.
   D.   Commercial, Fermented Beverage Producer And Restaurant Down Payments Required: In the case of a deferral agreement between the City and a commercial, fermented beverage producer or restaurant user, an initial payment of a percentage of the imposed connection fees shall be required at the time the agreement is signed.
   E.   Tap-In Permit Fee: A permit fee shall be charged for each sewer tap.
   F.   Sewer Plug Permit Fee: A permit fee shall be charged for each structure, regardless of the number of service lines.
   G.   Disconnection And Reconnection Fees: There shall be a total fee for disconnecting and reconnecting sewer service.
   H.   Septage Dumping: There shall be a charge per thousand gallons of septage, sewage, or effluent dumped, but such charge shall never be less than the minimum established by the City Council for each use or act of dumping. There shall be a surcharge for after hours dumping.
   I.   Decant Facility Service: The fees for decant disposal service shall be a minimum for up to one cubic yard of material, plus an additional fee for each additional cubic yard rounded up to the nearest whole yard. This charge shall be based on the amount of materials deposited into the Decant Facility as determined from a physical measurement of the debris pile by a Boise City employee.
   J.   Door Tag Fee: A door tag fee shall be charged to the customer for the second and all subsequent times a door tag is hung on the property prior to sewer service termination.
   K.   Watershed Program Fee: An administrative fee may be charged for programs provided by the City at the Boise Watershed. (Ord. 23-17, 7-18-2017; amd. Ord. 35-18, 9-11-2018, eff. 10-1-2018; 2019 Code; Ord. 27-24, 9-24-2024)
10-2-8: FEE DEFERRAL PROCEDURES; DEFERRAL TYPES:
10-2-8-1: GENERAL PROCEDURE FOR ALL CONNECTION FEE DEFERRALS:
This subsection provides the general procedure applicable to all requests for deferral of the payment of connection fees. In addition to the application and other requirements for all connection fee deferral requests, applicants must follow the provisions and procedures specific to the connection fee deferral type as set forth in subsections below.
   A.   Application: The owner or operator of a property that qualifies for a connection fee deferral, shall submit a fully completed application in the manner and form provided by the department;
   B.   Deferral and Payment Agreement: Upon review and acceptance of an application, the department shall prepare an agreement setting the term of deferral and a payment plan for the deferred fees;
   C.   Payments; Interest: Payments of deferred fees shall be made in equal installments on a monthly or quarterly basis, at the option of the applicant or as otherwise prescribed by the agreement. Interest shall be assessed upon the deferred fees at the Wall Street Journal's prime rate as published on the date the agreement is signed;
   D.   Sale; Other Transfers: Unless otherwise agreed to in writing by the department, upon the sale, conveyance, assignment, or the grant of an option, mortgage, deed of trust, pledge, or security interest in, or other transfer in whole or in part of the property subject to deferral, the outstanding deferral amount shall be immediately due and payable in full, together with all interest due under the deferral and payment agreement; and
   E.   Recording of Agreement: The department shall record the executed deferral and payment agreement with the Office of the Ada County Recorder.
   F.   Default: In the event the applicant defaults on the terms of the agreement prior to final payment, sewer connection fee credit will be granted to the property under the following conditions:
      1.   The total credit given will be based on the principal payments received, plus amounts collected from a letter of credit, bond, or other assurance, as applicable, used to secure the agreement, less any costs incurred by the City in collecting the remaining balance owed on the agreement; and
      2.   The credit will be recorded with the property as a single-family dwelling equivalent based on rates in effect at the time the agreement was executed.
   G.   Termination: If an owner or operator continues to discharge while in default for non-payment of the agreement, the connection may be considered an illegal connection and be eligible for termination of service. (Ord. 34-23, 8-29-2023)
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