In determining the trunkline capacity fee assessed and levied upon the owner of residential and nonresidential premises initially connecting such premises to the sewer system and upon the owner of residential premises for which a tentative subdivision map has been approved by the city, the director shall deduct from such trunkline capacity fee each of the credits hereinafter provided for by this section.
A. Credit for Prior Payments of Trunkline Capacity Fees or Other Sewer System Capacity Fees. Where a trunkline capacity fee or other sewer system capacity fee was previously paid for the premises pursuant to the provisions of this article or any other ordinance or resolution of the city, the director shall credit the owner of such premises with one of the following amounts:
1. If the prior payment of the trunkline capacity fee or other sewer system capacity fee was predicated on the residential use of the premises, then the director shall credit the owner of such premises with an amount equal to the current trunkline capacity fee for each dwelling unit for which such fee was previously paid.
2. If the prior payment of the trunkline capacity fee or other sewer system capacity fee was predicated on the nonresidential use of the premises and was made on or after June 17, 1982, then the director shall credit the owner of such premises with an amount equal to the current trunkline capacity fee for each acre or portion of an acre for which such fee was previously paid.
3. If the prior payment of the trunkline capacity fee or other sewer system capacity fee was predicated on a nonresidential use of the premises and was made before June 17, 1982, then the director shall credit the owner of such premises with an amount equal to the fee that was previously paid.
B. Credit for Prior Assessment Made as Part of Sewer Assessment Proceedings. Where the premises are located or were located in a sewer assessment district formed for the purpose of constructing and installing trunkline facilities, the director shall credit the owner of such premises with one of the following amounts:
1. If the premises are located or were located in a sewer assessment district formed before December 8, 1981, then the director shall credit the owner of such premises with an amount equal to the current trunkline capacity fee for one dwelling unit.
2. If the premises are located or were located in a sewer assessment district formed on or after December 8, 1981, then the director shall credit the owner of such premises with the current trunkline capacity fee for the use of the premises which was contemplated at the time the assessment district was formed as set forth in the engineer's report prepared as part of the assessment district proceedings.
Provided that where premises located in a sewer assessment district formed after December 8, 1981, are subsequently subdivided, such credits shall be allocated by the director among the resulting lots and parcels created by such subdivision according to benefit in the same manner as an unpaid assessment would be segregated and apportioned according to benefit pursuant to the provisions of Section 8730 et seq. of the California Streets and Highways Code. However, where such subdivided premises are located in the Northeast Chico Sewer Assessment District, subject to an Annexation and Sewer Service Agreement, and no longer burdened by an assessment lien, the owner of such premises, in lieu of the above and at the time of subdivision, shall be entitled to allocate such credits among the resulting lots and parcels.
(Ord. 1735 §1 (part), Ord. 1753, Ord. 2364 §261)