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)

3.82.080 Notice of city council meeting on assessment petition.

   At least 10 days prior to the scheduled date of the regular or adjourned regular meeting of the city council at which the assessment petition is scheduled for consideration, the director shall cause notice of the time and place of such meeting and a copy of the report of the director on the assessment petition to be served on all owners of an interest in the fee title to the premises which are the subject of the petition. In the notice of the time and place of the city council meeting, the director shall include a statement of the right of each owner of an interest in the fee title to the premises which are the subject of the assessment petition to request the city council to convene a hearing on such assessment petition at the time of the city council meeting on same so that such property owner may be heard on the assessment petition and/or the amount of the assessment installments to be levied in lieu of payment of sewer system connection fees pursuant to the assessment petition, provided such property owner files a written request for such hearing with the city clerk prior to commencement of such city council meeting.

(Ord. 1921 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2364 §78)

3.82.090 Consideration of assessment petition by city council.

   On the date and at the time of the city council meeting on the assessment petition, the city council shall consider the assessment petition, the report of the director on the assessment petition and any other relevant matters bearing on the petition and/or the assessment installments to be levied in lieu of payment of sewer system connection fees pursuant to the assessment petition. However, where one or more of the persons owning an interest in the fee title to the premises which are the subject of the assessment petition has filed a written request to be heard on the petition in the manner and within the time provided by this chapter, the city council shall convene a hearing at the meeting at which the assessment petition is being considered for the purpose of considering such property owner's comments on the assessment petition and/or any objections of the property owner to the amount of the assessment installments to be levied in lieu of payment of sewer system connection fees pursuant to the assessment petition.

(Ord. 1921 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2364 §79)

3.82.100 Action on assessment petition by city council.

   After considering an assessment petition and the report of the director on the assessment petition at a city council meeting in the manner provided for by this chapter, the city council may, by resolution, grant the petition and levy assessment installments in lieu of payment of sewer system connection fees as requested therein if the city council finds that all owners of an interest in the fee title to the premises described in the petition have joined in executing the petition, 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, that levying assessment installments in lieu of payment of sewer system connection fees for the premises, either individually or in combination with other premises similarly connected to the city sewer system incident to the levy of assessment installments in lieu of payment of sewer system connection fees, will not seriously compromise the city's ability to fund any anticipated expansion of the city sewer system, and, where the premises are located in that part of the city sewer service area within the unincorporated territory of the county of Butte, that the county of Butte has entered into a joint powers agreement with the city which authorizes the city to levy such assessment installments on premises located within the unincorporated territory of the county of Butte.

   In such resolution the city council shall describe the premises which are the subject of the petition both by legal description and by an assessor's parcel number, shall set forth the total amount of the sewer system connection fees which will become due and payable in accordance with the provisions of Chapter 15.36 of this code upon connection of such premises to the city sewer system, and shall order such sewer system connection fees, together with interest thereon, to be paid in 10 annual assessment installments, as provided for in the report of the director, together with any modifications thereto which are necessary to comply with the provisions of this chapter.

   Following adoption of such resolution, the city clerk shall cause copies of the resolution to be served on each owner of an interest in the fee title to the premises which are the subject of the resolution, shall execute an affidavit or declaration attesting to such service and shall transmit a certified copy of the resolution with such affidavit or declaration attached to the city manager. In addition, the clerk shall transmit a certified copy of such resolution to the finance director.

(Ord. 1921 (part), Ord. 2012 §4 (part), Ord. 2113 §1, Ord. 2136 §3, Ord. 2364 §80)