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The monthly sewer service fee assessed and levied upon the owner of premises served by this sewer system, as hereinbefore provided by this article, shall be billed or caused to be billed by the finance director on or after the first day of the month in which the service is rendered. The monthly sewer service fee so billed shall be payable on the date the bill is mailed or personally delivered to the owner of the premises and shall be delinquent fifteen days thereafter if not paid. Delinquent sewer fees shall be subject to an administrative collection fee of 10% per annum calculated on the amount due on the delinquency date. The administrative collection fee shall be calculated on a daily basis but shall not be compounded.
(Ord. 1735 §1 (part), Ord. 2113 §1, Ord. 2599 § 4)
Delinquent sewer fees as defined in Section 15.36.070 may be collected by any of the following methods.
A. Administrative collection on county tax roll. The City Manager or his/her designee may collect delinquent sewer fees by placing them on the Butte County Tax Roll in accordance with the following provisions:
1. The City Manager/designee shall cause a written report to be prepared each year which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the delinquent charges and administrative collection fees due for each parcel for the year. The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the County Clerk.
2. The City Manager/designee shall cause written notice to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as otherwise known to the City. Such mailed notice may be sent as part of a regular sewer utility bill if the addressee is the owner of the property.
3. The notice shall inform the owner of the property that if the delinquent fees are not paid within 30 days of the notice date, the delinquent fees will be placed on the Butte County Tax Roll to be collected in the same manner as property taxes. The notice shall also inform the owner that they may within 21 days of the notice date submit written objections to the collection of the delinquent sewer fees on the County Tax Roll stating specifically why the delinquent fees are not properly due and/or why the delinquent sewer fees should not be placed on the County Tax Roll for collection.
4. The City Manager/designee shall review all of the written objections timely received and may delete from the report any properties which were erroneously or improperly included in the report or that show just and reasonable cause why the property/owner should be deleted from the report.
5. Not later than August 10 of each year, or such earlier date as the County Assessor may request, the City Manager/designee shall file with the Butte County Assessor the report of properties owing delinquent sewer fees to the City of Chico, and requesting the County Assessor to place those properties on the County Tax Roll for collection of delinquent sewer fees.
B. Administrative lien. The City Manager or his/her designee may collect delinquent sewer fees by recording a lien against all real property in Butte County owned by the party owing delinquent sewer fees to the City of Chico in accordance with the following procedures:
1. The City Manager/designee shall cause a written report to be prepared not more often that every three months which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the delinquent charges and administrative collection fees due for each parcel. The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the County Clerk.
2. The City Manager/designee shall cause written notice to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as otherwise known to the City. Such mailed notice may be sent as part of a regular sewer utility bill if the addressee is the owner of the property.
3. The notice shall inform the owner of the property that if the delinquent fees are not paid within 30 days of the notice date, the delinquent fees will be recorded as a lien against all property of the owner located in Butte County. The notice shall also inform the owner that they may within 21 days of the notice date submit written objections to the recordation of the lien stating specifically why the delinquent fees are not properly due and/or why the delinquent sewer fees should not be recorded as a lien against the owner's property.
4. The City Manager/designee shall review all of the written objections timely received and may delete from the report any properties which were erroneously or improperly included in the report or that show just and reasonable cause why the property should be deleted from the report.
5. If the delinquent sewer fees are not paid within the time allowed, the City Manager/designee shall cause the report, a list of delinquent properties, or individual properties (as requested by the Butte County Recorder) to be recorded with the Butte County Recorder as a lien against the identified delinquent properties.
C. Administrative agreement. The City Manager or his/her designee may collect delinquent sewer fees in accordance with the following procedures:
1. The City Manager or his/her designee may enter into written repayment agreements for delinquent sewer service charges with utility customers. Upon entering into a repayment agreement, the City Manager or his/her designee may waive any penalties, charges, and interest. Agreements may not exceed 36 months. If at any time payments are not received on a monthly basis, the agreement is void. In the event the utility customer does not meet the requirements of the repayment agreement, a collections administrative fee will be added to the amount due and filed for collections efforts.
2. In conjunction with a utility service repayment agreement entered into by and between the utility customer and the city, the City Manager or his/her designee may also require a stipulated utility service repayment lien and notice of intent for satisfaction of lien through proceeds of sale of the property to be entered into by and between the utility customer and the city. The city shall file the stipulated utility service repayment lien and notice of intent for satisfaction of lien through sale of property directly with the Butte County recorder.
D. Collection agency. The City Manager or his/her designee may collect delinquent sewer fees through the hiring of a licensed, bonded and reputable collection agency.
E. Court legal action. As a separate, distinct and cumulative remedy established for the collection of said charges and penalties thereon, an action may be brought in the name of the City of Chico in any court in the County of Butte to enforce collection of the amount of delinquent sewer fees and associated penalties or the municipal service lien for the charges and all penalties thereon. In such action, reasonable attorney's fees shall be awarded to the City of Chico.
(Ord. 2599 § 5)
Where the owner of nonresidential premises has paid a sewer service fee based on an estimate of the wastewater discharged from the premises as determined in accordance with Section 15.36.060 and the director finds that the average monthly volume of water supplied to the premises for the preceding twelve-month period from July 1st through June 30th is at least ten percent less than the average monthly volume of water supplied to the premises during the preceding months of December, January, February, and March, the finance director shall refund the difference between the fee paid for the twelve month period and the fee which would have been charged based on the lower water usage. Such a refund shall be made only upon application by the occupant of the premises who paid the fees and submittal of adequate documentation of the lower water usage.
(Ord. 1735 §1 (part), Ord. 2113 §1, Ord. 2356 §2, Ord. 2423 §6)
A. A water pollution control plant capacity fee is assessed and levied upon the owner of the following premises:
1. Residential and nonresidential premises initially connecting to the sewer system;
2. Residential premises connected to the sewer system on which the number of dwelling units is being increased;
3. Residential premises connected to the sewer system being converted to a nonresidential use;
4. Nonresidential premises connected to the sewer system on which the area devoted to such nonresidential use has been increased; and
5. Nonresidential premises connected to the sewer system being converted to a residential use.
B. The water pollution control plant capacity fee assessed and levied upon the owner of premises pursuant to this section shall be based on the replacement cost of the capacity in the water pollution control plant utilized by such premises as determined by the director in the manner hereinafter provided by this chapter and shall be in addition to any sewer service fee, trunkline capacity fee, lift station capacity fee, sewer main installation fee, or sewer lateral installation fee assessed and levied pursuant to this chapter.
(Ord. 1735 §1 (part), Ord. 1943 §7, Ord. 2049 §8, Ord. 2092 §11, Ord. 2364 §254)
The water pollution control plant capacity fee assessed and levied upon the owner of premises as hereinbefore provided by this article shall be determined by the director from the following water pollution control plant capacity rates:
A. Basic Water Pollution Control Plant Capacity Rates. The basic water pollution control plant capacity rates for residential and nonresidential premises shall be as follows:
l. Single-family residential premises - $1,730/dwelling unit;
2. Multifamily residential premises - $ 1,730/dwelling unit;
3. Nonresidential premises - $ 6,919/ acre.
B. Increases in Basic Water Pollution Control Plant Capacity Rates. If, on July 1, 1998, or on July 1st of any year thereafter, there is an increase in the cost of constructing and installing water pollution control plant facilities during the preceding year, then the basic water pollution control plant capacity rates shall also be increased in proportion to the increase in such costs. The determination of whether there has been an increase in the cost of constructing and installing water pollution control plant facilities and the amount of the increase in the basic water pollution control plant capacity rates which is proportionate to the increase in such costs shall be made by the director, with the approval of the city manager, and shall be based exclusively on the net percentage increase during the preceding year in the Consumer Price Index published by the Federal Bureau of Labor Statistics for All Urban Consumers - U.S. Cities Average (all items) or any other measure employed by the Federal Bureau of Labor Statistics in lieu of such Consumer Price Index that measures the cost of living in U.S. cities.
(Ord. 1735 §1 (part), Ord. 1980 §2, Ord. 2148 §1, Ord. 2146 §1, Ord. 2147 §1, Ord. 2327 §1, Ord. 2364 §255)
A. Residential and Nonresidential Premises Initially Connecting to the Sewer System.
1. Residential Premises. In determining the water pollution control plant capacity fee assessed and levied upon the owner of residential premises initially connecting such premises to the sewer system from the water pollution control plant capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the number of separate dwelling units located or which will be located on such premises.
2. Nonresidential Premises. In determining the water pollution control plant capacity fee assessed and levied upon the owner of nonresidential premises initially connecting such premises to the sewer system from the water pollution control plant capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the area of the lot or parcel on which such premises are located or will be located or, when less than the entire lot or parcel is devoted or will be devoted to a nonresidential use, that part of the area of the lot or parcel which is actually devoted or will be devoted to such use plus all other areas of the lot or parcel appurtenant to such use including, but not limited to, pedestrian ways, driveways, vehicular parking lots, landscaped areas, and all areas within required yards or setbacks.
B. Residential Premises Connected to the Sewer System on Which the Number of Dwelling Units is Being Increased. In determining the water pollution control plant capacity fee assessed and levied upon the owner of residential premises connected to the sewer system increasing the number of dwelling units on such premises from the water pollution control plant capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the number of separate dwelling units to be added on such premises.
C. Residential Premises Connected to the Sewer System Which are Being Converted to a Nonresidential Use. In determining the water pollution control plant capacity fee assessed and levied upon the owner of residential premises connected to the sewer system converting the use of such premises to a nonresidential use from the water pollution control plant capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the area of the lot or parcel on which such premises are located or, when less than the entire lot or parcel is being converted to a nonresidential use, that part of the area of the lot or parcel which will be converted to such use plus all other areas of the lot or parcel appurtenant to such use including, but not limited to, pedestrian ways, driveways, vehicular parking lots, landscaped areas, and areas within required yards or setbacks; provided, that in determining the water pollution control plant capacity fee assessed and levied upon the owner of such premises, the director shall deduct from such fee an amount equal to the current water pollution control plant capacity fee for one dwelling unit for each dwelling unit removed from such premises as a result of the conversion of such premises to a nonresidential use.
D. Nonresidential Premises Connected to the Sewer System on Which the Area Devoted to Such Nonresidential Use is Being Increased. In determining the water pollution control plant capacity fee assessed and levied upon the owner of nonresidential premises connected to the sewer system increasing the area of such premises devoted to such use from the water pollution control plant capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the area of the lot or parcel on which such premises are located which is being added to such nonresidential use plus all additional areas of the lot or parcel appurtenant to such use, including but not limited to all additional pedestrian ways, driveways, vehicular parking lots, landscaped areas, and areas within required yards and setbacks.
E. Nonresidential Premises Connected to the Sewer System Being Converted to a Residential Use. In determining the water pollution control plant capacity fee assessed and levied upon the owner of nonresidential premises connected to the sewer system being converted to a residential use from the water pollution control plant capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the number of separate dwelling units to be added to such premises. Provided, that in determining the water pollution control plant capacity fee assessed and levied upon the owner of such premises, the director shall deduct from such fee an amount equal to the current water pollution control plant capacity fee for nonresidential premises for all areas of the lot or parcel on which such premises are located which are being removed from a nonresidential use as a result of the conversion of such premises to a residential use.
(Ord. 1735 §1 (part), Ord. 1943 §8, Ord. 2268, Ord. 2364 §256)
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