3.82.020 Findings.

   The city council finds as follows:

   A.   The city council finds that there remain within the city sewer service area a number of residential and nonresidential premises which are still being served by a private sewer system consisting of a septic tank and leach field rather than being connected to the city sewer system;

   B.   The city council finds that it is in the public interest to facilitate connection of such premises to the city sewer system in that by reason of high nitrate levels in the groundwaters underlying the city and its environs, caused in large part by individual septic tanks and leach fields which now serve a significant number of premises located in that part of the city sewer service area within the incorporated territory of the city as well as a large number of premises located in that part of the city sewer service area within the unincorporated territory of the county of Butte, the Regional Water Quality Control Board for the Central Valley Region has adopted an order which requires discontinuance of the use of such septic tanks and leach fields no later than July 1, 1995;

   C.   The city council finds that one means of facilitating connection of the premises to the city sewer system is to provide the owners of such premises with an alternate means of financing the water pollution control plant capacity fees, trunkline capacity fees, sewer main installation fees, sewer lateral installation fees, and petition filing fees for assessment installments in lieu of payment of the above sewer system connection fees, which ordinarily become due and payable in accordance with the provisions of Chapter 15.36 of this code at the time of connection of the premises to the city sewer system;

   D.   The intent of this council in enacting this chapter is to provide such financial assistance by allowing payment of such fees over a ten-year period through the levying of assessment installments in lieu of payment of sewer system connection fees in the manner provided for by this chapter.

(Ord. 1921 (part); Ord. 2404)

3.82.025 Director.

   For purposes of this chapter the term, “director,” shall mean the director of the public works department.

(Ord. 2364 §75, Ord. 2439 §32)

3.82.030 Sewer system connection fees defined.

   For purposes of this chapter the term, “sewer system connection fees,” shall mean all water pollution control plant capacity fees, trunkline capacity fees, lift station capacity fees, sewer main installation fees, sewer lateral installation fees, and petition filing fees for assessment installments in lieu of payment of the above sewer system connection fees, which become due and payable in accordance with the provisions of this chapter and Chapter 15.36 of this code incident to the connection of premises to the city sewer system.

(Ord. 1921 (part), Ord. 2092 §1; Ord. 2404)

3.82.040 Applicability.

   The provisions of this chapter shall apply to and authorize the levy of assessment installments in lieu of payment of sewer system connection fees for the following residential and nonresidential premises within the city sewer service area connecting to the city sewer system:

   A.   Premises Within the Incorporated Territory of the City of Chico. Where premises connecting to the city sewer system are located in that part of the city sewer service area within the incorporated territory of the city, this chapter shall authorize the levy of assessment installments in lieu of payment of sewer system connection fees if, and only if, such premises are presently being served by a private sewer system consisting of a septic tank and leach field which will be abandoned at the time the premises are connected to the city sewer system.

   B.   Premises Within the Unincorporated Territory of the County of Butte. Where the premises being connected to the city sewer system are located in that part of the city sewer service area within the unincorporated territory of the county of Butte, this chapter shall authorize the levy of assessment installments in lieu of payment of sewer system connection fees if, and only if, such premises are presently being served by a private sewer system consisting of a septic tank and leach field which will be abandoned at the time the premises are connected to the city sewer system and if, in addition, the county of Butte has entered into a joint powers agreement with the city pursuant to Article 1, Chapter 5, Division 7, Title 1 of the Government Code (commencing with Section 6500) which authorizes the city to levy such assessment installments on premises located within the unincorporated territory of the county of Butte.

(Ord. 1921 (part))

3.82.050 Manner of serving notices and documents.

   Any notice or other document required to be served on the owner of an interest in the fee title to premises pursuant to this chapter shall be deemed served when either personally delivered to such person or when deposited in the United States mail, certified and return receipt requested, addressed to the person at the address as it appears on an assessment petition filed in the manner provided by this chapter or, lacking on address on such assessment petition, at the address as it appears on the last equalized or supplemental assessment roll of the County of Butte, whichever is more current. Service by mail of a notice or other document in the manner provided for herein shall be effective on the date of mailing and the failure of any person to receive such notice or document shall not affect the validity of such notice or document.

(Ord. 1921 (part), Ord. 2268)

3.82.060 Petition for levying assessment installments in lieu of payment of sewer system connection fees.

   Proceedings for levying assessment installments in lieu of the payment of sewer system connection fees shall be initiated by a petition filed in the office of the director. Such petition shall describe the premises to be connected to the city sewer system by street address or other method sufficient to enable the director to identify the location and boundaries of such premises, shall include a declaration that the premises are presently being served by a private sewer system consisting of a septic tank and leach field which will be abandoned at the time the premises are connected to the city sewer system, shall set forth the request of the petitioners for the city council to levy an assessment in lieu of payment of sewer system connection fees in the manner provided for by this chapter, and shall be signed by and set forth the mailing address of all persons owning an interest in the fee title to the premises. Such petition shall also be accompanied by a lot book guarantee issued by a title company showing fee title to the premises which are the subject of the petition vested in all persons having signed the petition, such other documents and data as may be required by the director to prepare the report or otherwise carry out the duties of the director provided for by this chapter, and a petition fee in an amount established by resolution of the city council based entirely on the estimated administrative costs incurred by the city for processing such petitions in the manner provided for by this chapter.

(Ord. 1921 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2364 §76)

3.82.070 Report of director on assessment petition.

   Following receipt of an assessment petition, the director shall promptly cause a report to be made on the petition, and, following completion of such report, shall cause the petition and the report to be forwarded to the city clerk who shall schedule the petition and report for consideration by the city council at the first regular or adjourned regular meeting of the city council following the twentieth day after receipt of the petition and report. The report of the director shall set forth the following:

   A.   A description of the premises which are the subject of the petition both by legal description and assessor's parcel number;

   B.   The name and mailing address of all persons owning an interest in the fee title to the such premises;

   C.   A determination as to whether the premises are located in that part of the city sewer service area within the incorporated territory of the city or that part of the city sewer service area within the unincorporated territory of the county of Butte;

   D.   A computation of the total amount of the sewer system connection fees which would become due and payable in accordance with the provisions of Chapter 15.36 of this code at the time of connection of the premises to the city sewer system; and

   E.   A schedule of the assessment installments to be levied against the subject premises in order to pay all such sewer system connection fees, together with interest thereon, in ten annual installments, all at the time, in the amounts and in the manner hereinafter provided by this chapter.

(Ord. 1921 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2364 §77)