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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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10-2-8-5: RESIDENTIAL TRUNK AND TREATMENT CONNECTION FEES:
Payment of connection fees, by an owner of an existing residential structure, may be deferred.
   A.   Maximum Term: The term of a deferral and payment agreement under this section shall not exceed fifteen (15) years.
   B.   The difference between the recorded sewer connection fee credit and the total amount of connection fees owed will be a lien on the property and due upon sale. (1952 Code § 8-11-08.03; amd. Ord. 34-23, 8-29-2023)
10-2-8-6: DEFERRAL OF FERMENTED BEVERAGE PRODUCER TRUNK AND TREATMENT CONNECTION FEES:
In recognition of the unique impact of fermented beverage producers upon the City sewer system, the payment of connection fees for fermented beverage producers may be deferred.
   A.   Term: The term of a deferral and payment agreement under this section shall not exceed ten (10) years.
   B.   Financial Assurances: The owner or operator shall post an irrevocable letter of credit, Certificate of Deposit, payment bond, or other financial assurances approved by the City Attorney's Office for the sum of the connection fees and interest to be charged on the unpaid balance.
   C.   Additional Capacity: The owner or operator shall agree to provide the City information necessary to determine future capacity use and to pay connection fees for any additional capacity required by the fermented beverage producers. (Ord. 23-17, 7-18-2017; amd. Ord. 34-23, 8-29-2023; Ord. 27-24, 9-24-2024)
10-2-8-7: DEFERRAL OF TRUNK AND TREATMENT CONNECTION FEES FOR AFFORDABLE HOUSING PROJECT:
In recognition of the need to support development of affordable housing, the payment of connection fees for affordable housing units as defined herein may be deferred.
   A.   Qualifying Properties: Only those developments meeting the definition of an affordable housing project in section 10-2-2-1 of this chapter may qualify for this connection fee deferral.
   B.   Limitation on Deferral: Of the total connection fees imposed for an affordable housing project, only that portion of connection fees assessed for the affordable housing units may be deferred.
   C.   Term: The term of a deferral and payment agreement under this section shall not exceed seventeen (17) years.
   D.   Financial Assurances: The owner or operator shall post an irrevocable letter of credit, Certificate of Deposit, payment bond, or other financial assurances approved by the City Attorney's Office for the sum of the connection fees and interest to be charged on the unpaid balance.
   E.   Annual Report: For each year during the term of the agreement, due on or before the anniversary of the date the deferral and payment agreement was signed, the owner or operator shall submit a report to the department in the manner and form acceptable by the department, demonstrating that each dwelling unit for which fees were deferred continues to meet the definition of an affordable housing unit.
   G.   Prohibited Use; Default: During the term of the deferral and payment agreement, an owner or operator may not operate any of the affordable housing units as short-term rentals. An owner or operator will be deemed in default of the deferral and payment agreement if any of the following occur:
      1.   The owner or operator uses any of the dwelling units that were granted deferral as affordable housing units as short-term rentals; or
      2.   The owner or operator fails to submit the required annual report within thirty (30) days of the due date; or
      3.   Any of the dwelling units that were granted deferral as affordable housing units no longer meet the definition of an affordable housing unit.
   H.   Acceleration of Payments: Upon written default notice being given by the department to the owner or operator, the outstanding deferral amount shall be immediately due and payable in full, together will all interest due under the deferral and payment agreement. (Ord. 34-23, 8-29-2023)
10-2-8-8: DEFERRAL OF EQUIVALENT ASSESSMENT FEES:
Additional connection (equivalent assessment) fees imposed on an owner or operator of an existing structure pursuant to subsection 10-2-6-3 of this chapter may be deferred.
   A.   Term: The term of a deferral and payment agreement under this section shall not exceed the length of the term for other related deferrals for the property. (Ord. 23-17, 7-18-2017; amd. Ord. 34-23, 8-29-2023)
10-2-9: WAIVERS AND APPEALS:
10-2-9-1: WAIVER OF INDIVIDUAL PHYSICAL CONNECTION:
The requirement of individual physical connection may be waived by the Public Works Department if, under the particular circumstances of the case, compliance would impose undue hardship on the property owner. Waivers shall not be granted for subdivisions that are being proposed for platting where new roads and utilities must be constructed, or for more than one multi-family dwelling with separate ownership. In granting the waiver, the department may impose such reasonable conditions as it deems appropriate. Any application for waiver shall be submitted to the department in accordance with the waiver procedures set forth in section 10-2-9-4 of this chapter. Connection to sewer may still be required by other City departments or public agencies. (1952 Code § 8-11-09.01)
10-2-9-2: WAIVER OF REQUIREMENT TO CONNECT:
   A.   Conditions: The Public Works Department may waive the connection requirements of section 10-2-4-3 of this chapter if the public health does not require immediate connection and the department finds any of the following:
      1.   Within five (5) years prior to the date upon which connection fees are due, the individual wastewater disposal system serving the building for which a connection waiver is sought, was installed or rebuilt in accordance with a permit issued by the Central District Health Department. If the individual wastewater disposal system was installed three (3) years or less from the date sewer connection fees are due, a waiver may be granted for a period not to exceed five (5) years from the date of installation. If the individual wastewater disposal system was installed more than three (3) years from the date sewer connection fees are due, a waiver may be granted for a period of up to two (2) years from the date such waiver is sought;
      2.   The single-family dwelling for which a connection waiver is sought is located on a parcel of land five (5) acres or more in size;
      3.   The owner of a building is experiencing financial hardship. Financial hardship shall be deemed to exist when an owner's annual family gross income is at or below the income level indicated for a family of similar size on the current "Moderate Income Guidelines" chart employed by the City in the administration of the Community Development Block Grant Program, and shall be verified by the previous year Federal Tax return; or
      4.   The owner of the property has prepaid connection fees prior to sewer being available in accordance with subsection 10-2-6-3G of this chapter.
   B.   Application: Application for the waiver must be made by the building owner, prior to the date connection fees are due, in accordance with the waiver procedures set forth in section 10-2-9-4 of this chapter. (1952 Code § 8-11-09.02)
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