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(Title and Section Amended by Ord. No. 182,237, Eff. 9/28/12.)
A. Water Course Interference.
1. Interference Prohibited. No person shall do anything to any natural water course or any channel that may carry storm water that would in any manner obstruct or interfere with the flow of water through such course or channel without first obtaining a permit from the Bureau of Engineering pursuant to the provisions of Subsection B. of this Section.
2. Property Owner Duties. A property owner and a lessee or tenant of any property through which a natural water course or any channel that may carry storm water passes shall keep and maintain the course or channel free from any obstruction that would in any manner prevent or disrupt the flow of water through the course or channel without first obtaining a permit from the Bureau of Engineering pursuant to the provisions of Subsection B. of this Section.
B. Water Course Disruption Permit.
1. Permit Required. Any person desiring to do any of the following actions must first obtain a permit issued by the Bureau of Engineering:
a. Dam, fill, or obstruct any natural water course or channel that may carry storm water;
b. Construct, reconstruct, alter, repair, install or maintain any drainage structure in any natural water course or channel that may carry storm water;
c. Construct, reconstruct, or repair any drainage structure; or
d. Alter, fill, obstruct, or otherwise change any natural water course or channel, or natural drainage channel or course.
2. Permit Application. Any person applying for issuance of a permit pursuant to the provisions of this Section shall file an application with the Bureau of Engineering. The application shall contain all information required by the Bureau of Engineering, including but not limited to the proposed location of the construction, reconstruction, repair or alteration, the materials to be used, and a diagram of the work to be performed.
3. Bureau Determination. The Bureau of Engineering shall issue a permit pursuant to the provisions of this Subsection if it finds all of the following:
a. The proposed structure, fill, alteration or repair would not become part of the City’s permanently improved storm water drainage system;
b. The proposed structure, fill, alteration or repair would not interfere with the flow of natural storm water; and
c. The proposed structure, fill, alteration or repair would not injure adjoining property.
If the Bureau determines that the proposed structure, fill, alteration or repair would become part of the City’s permanently improved storm water drainage system, the Bureau shall require an applicant to apply for a Class “B” permit and if a permit is issued, to perform work pursuant to the provisions of Section 62.110 et seq. of this Code.
4. Permit Conditions. A permit issued by the Bureau of Engineering pursuant to the provisions of this Section may impose conditions and requirements for its use, and the permit applicant must ensure compliance with all such conditions and requirements. No person shall fail, neglect or refuse to comply with any term or condition contained in any permit issued pursuant to the provisions of this Section.
5. Fees. Before acceptance for examination by the City Engineer, the Bureau of Engineering shall charge and collect a fee in the amount of $3,126 for each permit application made pursuant to the provisions of this section. The provisions of Section 61.14 and 61.15 shall also apply to Bureau of Engineering services provided pursuant to the provisions of this section. (Amended by Ord. No. 184.054, Eff. 3/6/16.)
No person shall connect any sewer which has been or may hereafter be constructed in any street, prior to the dedication and acceptance of such street by the City Council, with any public sewer unless such sewer has been laid under the supervision and to the satisfaction of the Board and in accordance with the specifications for public sewers adopted by the City Council and on file in the office of the City Clerk, and in accordance with plans and profiles approved by the City Engineer.
(Amended by Ord. No. 179,073, Eff. 9/23/07.)
Not more than one lot shall be connected to any one house connection sewer except as provided below.
Exception 1: On a case by case review, the City Engineer shall have the authority and discretion to grant an exception to the above requirement where a single house connection to the City’s sewer serves multiple structures on an individual lot or parcel and that lot or parcel is being or has been split. In granting an exception the City Engineer may allow the continued use of the original house connection to the sewer for the structures that now exist on more than one lot due to the lot or parcel split, provided that all the following conditions are met:
a. There are four or fewer structures connected to the City’s sewer by the single house connection.
b. The structures on the split lot cannot be reasonably connected to an existing available sewer due to the physical limitations of either the lot or the existing available sewer.
c. There is not physical space available or agreement from the downstream property owner(s) to place one or more additional house connections from the upstream split lots or parcels in an easement on the downstream portions of the original lot or parcel to allow for individual connections to the City’s sewer.
d. The existing house connection sewer has been inspected by closed circuit television (CCTV) and if any damage to the existing shared house connection was revealed by this inspection, that damage has been repaired to the satisfaction of the Bureau of Sanitation Wastewater Collection Systems Division.
e. All property owners using this shared house connection sewer sign and record reciprocal agreements with the County Recorder providing that all properties using the shared house connection sewer are mutually responsible for its full maintenance and repair and that the City shall be held harmless for its approval to allow multiple lots or parcels to be connected to the City’s sewer via a single house connection.
Exception 2: On a case by case review, the City Engineer shall have the authority and discretion to grant an exception to the above requirement in the case of a new Small Lot Subdivision as defined in Sections 12.03, 12.09, 12.12.1, 12.21 and 12.22 of this Code. The City Engineer may allow a new individual house connection sewer to serve more than one lot or parcel subject to the following conditions:
a. The size of the new shared house connection sewer for the Small Lot Subdivision shall be determined by the Bureau of Engineering and be included in the approved conditions for the subdivision.
b. A sewer maintenance hole shall be required on the mainline sewer in the street adjacent to the small lot subdivision property, if the size of the house connection will not permit a standard “wye” connection to the City’s main line sewer.
c. A Homeowners Association Agreement or Maintenance Agreement for all subdivided lots or parcels in the Small Lot Subdivision that are connected to the shared sewer house connection shall be created and run with each lot or parcel in perpetuity. This Agreement shall: include common shared maintenance responsibility for the shared house connection sewer among all lots or parcels served by the shared sewer house connection; bind all the property owners and successors in interest of the subject lots or parcels to the agreement; indemnify and hold harmless the City of Los Angeles for granting the owners of the multiple lots or parcels the right to construct and/or connect to the shared house connection sewer; and the Agreement shall be filed with the Los Angeles County Recorder and be binding on all lots or parcels connected to the shared house connection sewer.
Notwithstanding the above, the City Engineer shall maintain the exclusive authority and discretion to deny a request of any applicant for a shared sewer connection, even if the applicant has met all of the above requirements for either Exception 1 or 2, if the City Engineer believes it is in the best interest of the City to do so. If an applicant meets all of the required criteria for a shared house connection and the City Engineer denies the request in the best interest of the City, that decision may be appealed to the Board of Public Works. The finding of the Board shall be final.
(Amended by Ord. No. 140,551, Eff. 6/17/70.)
(a) Whenever real property tributory to the city sewerage system that can be served by existing sewers, or by the construction of an off-site sewer not longer than one mile to an available assured outlet sewer, whether financed or otherwise, is included within the borders of a new tract map, sewers, if not existing, shall be constructed within or adjacent to the tracts to serve each lot, and as a condition of the approval of the tentative map of each tract and prior to recording of each such tract map, a fee which shall be determined by the Board of Public Works based upon the rates established in section 64.11.3, hereafter referred to as the sewerage facilities charge, shall be paid by the owner thereof to the City, unless the Board of Public Works upon recommendation of the City Engineer, determines that it would be contrary to the public welfare and interest to assume the responsibility of providing the necessary off-site outlet sewers as required by Subsection (f) hereof. Where a tract map for an industrial, commercial, or multiple dwelling tract is to be recorded but the tract is to be developed at some future time, the Board shall charge a fee of $4,127 per acre which shall be adjusted in accordance with the rates in Section 64.11.3 when such tract is developed. (Fee Amended by Ord. No. 171,036, Eff. 6/6/96.) Provided, however, that where it is determined by the Board of Public Works that a particular tract or parcel of land is being subdivided or re-subdivided solely for the purpose of absorbing a vacated street, for reverting an earlier tract to acreage, or for converting an existing multiple dwelling to a condominium, and not for development purposes, that tract or parcel of land shall be exempt from the requirements that a sewerage facilities charge be paid therefor. (Amended by Ord. No. 165,923, Eff. 7/1/90.)
Notwithstanding any other provision of this subsection, the payment of the sewerage facilities charge as a condition for the filing of a tract map by the Community Redevelopment Agency or the Department of Airports is hereby waived. Provided, however, the full sewerage facilities charge shall be paid upon the development of any lot or parcel contained in a tract to which this paragraph is applicable. (Added by Ord. No. 166,072, Eff. 8/25/90.)
(b) In determining the sewerage facilities charge, the Board shall:
1. Reduce the sewerage facilities charge when the owner demonstrates that the property has paid special assessments for an interceptor sewer to which it may connect directly or indirectly, by the amount of said special assessment.
2. Reduce the charge by all or part of the amount paid as a contributing property to the construction of an off-site sewer to serve the property prior to the requirement by the City that such charge shall be paid.
3. Provide a credit for any amount previously paid as an acreage charge or a sewerage facilities charge.
4. Reduce the acreage fee to 15% of that established in Subsection (a) above in the event the sewage from such tract, when developed, will be treated in the facilities of a Los Angeles County Sanitation District. (Added by Ord. No. 157,145, Eff. 11/22/82.)
(c) The Board may permit a subdivider to install off-site sewers in lieu of all or part of the sewerage facilities charge based on the actual cost of said off-site sewer. Should the actual cost of said off-site sewer be less than the sewerage facilities charge required by Subsection (a) hereof, the difference between such actual cost and said sewerage facilities charge shall be paid by the subdivider to the City for deposit in the General Fund.
(d) The Council may authorize the subdivider or other property owner, by contract with the City, to construct off-site sewers costing in excess of the sewerage facilities charge required by Subsection (a) hereof and subsequent to the construction and acceptance of said off-site sewer, to reimburse said subdivider or property owner the difference between the actual cost of said off-site sewer and the sewerage facilities charge.
If the sewerage facilities charge has been paid by the subdivider or property owner prior to entering into the contract with the City to construct an off-site sewer or prior to submission by the owner of evidence justifying reduction of the charge for any property in accordance with this section, the Council may authorize the refund of all or part of the sewerage facilities charge previously paid.
(e) Actual cost of off-site sewers as used in Subsections (c) and (d) shall be determined from sealed bids received and opened by the Board of Public Works, after publicly advertising therefor, plus engineering and incidental costs not to exceed ten percent of the accepted bid price for the performance of the work.
(f) In those cases where a sewerage facilities charge is paid, the City assumes the responsibility of providing the necessary off-site or outlet sewers when sewage disposal facilities are available and when connection to the City sewerage system is deemed to be necessary by the City.
(g) Whenever good planning and engineering practice requires that sanitary sewers of greater size or depth than those required for the servicing of the property immediately concerned be constructed within or adjacent to the subdivision, the additional cost of providing sewers within or adjacent to the subdivision in accordance with the City’s requirements of larger size or greater depth than that required by the property immediately concerned shall be considered the same as or in addition to the cost of constructing an off-site sewer as provided in Subsections (c) and (d) hereof.
(h) Subdivisions other than those included in Subsection (a) hereof may be:
1. Approved without the construction of sewers or the payment of the sewerage facilities charge where the County Health Officer and the City Engineer determined that ample area is available for private sewage disposal, where soil, ground water and other factors are favorable. The sewerage facilities charge shall be applicable to lots and parcels in these subdivisions where connections to future sewers are requested or required.
2. Permitted or required to construct sewers within the tract and pay the sewerage facilities charge upon the determination by the Council upon the advice of the Board, that existing development or trends justify the City assuming the responsibility of providing the connecting sewers.
(Amended by Ord. No. 164,895, Eff. 6/26/89.)
(a) (Amended by Ord. No. 171,036, Eff. 6/6/96.) There is hereby imposed a sewerage facilities charge which shall be a fee for access to the City’s sewage system based upon a share of the equity of the system. The system equity shall include:
(i) the reproduction cost less depreciation value of the existing facilities; plus
(ii) the applicable portion of sewage system reserve funds; less
(iii) the outstanding debt of the sewage system.
The share of system equity included in the SFC shall be proportional to the flow, biochemical oxygen demand (BOD) and suspended solids (SS) of the wastewater discharged into the sewage system from the premises as compared with the total flow, BOD and SS discharged by all system customers.
(b) The sewerage facilities charge rates shall be $344.00 per 100 gallons per day average flow, $159.00 per pound per day of BOD and $147.00 per pound per day of SS from the premises. These rates shall apply for all sewerage facilities charges and credits imposed pursuant to Section 64.16.1 of this Code. Any sewerage facilities charge paid on an installment basis shall be based on the charge rates in effect when the applicant entered into the installment payment agreement with the City. (First Sentence Amended by Ord. No. 182,076, Eff. 4/6/12.)
SEWERAGE FACILITIES CHARGE
(Table removed by Ord. No. 170,393, Eff. 3/27/95.)
(c) In the event the premises are to be connected to the City sewer system but the sewage entering such system is treated in the facilities of a Los Angeles County Sanitation District, the sewerage facilities charge shall be 15% of the rates established in Subsections (b), (d), and (f) of this section. (Amended by Ord. No. 165,923, Eff. 7/1/90.)
(d) The City Engineer with approval of the Board shall set the sewage generation factors for various occupancies and for mixed occupancies for the purpose of determining the sewerage facilities charge for new or remodelled construction, or change in use. The operative date of this amended subsection shall be July 1, 1994. (Amended by Ord. No. 170,393, Eff. 3/27/95.)
(e) The Board may require the owner of any property to submit plans, and such other information as it may need to determine the applicable sewerage facilities charge. (Added by Ord. No. 164,895, Eff. 6/26/89.)
(f) For industrial occupancies, the Board shall determine the average wastewater flow for calculation of the appropriate sewerage facilities charge through consideration of metered water delivery data, if available. If not available, it shall consider the peak flow which the occupancy is capable of discharging and the occupancy’s expected operating schedules and practices. It may establish a minimum reasonable operating schedule for use in calculating a minimum applicable sewerage facilities charge. (Amended by Ord. No. 166,980, Eff. 7/6/91.)
(g) (Former Subsec. (e), Relettered by Ord. No. 164,895, Eff. 6/26/89.) The rates fixed by the provisions of this section shall be implemented as follows:
1. All sewerage facilities charges paid on or after the operative date of any amendments to this section shall be at the rates specified therein.
2. (Amended by Ord. No. 170,393, Eff. 3/27/95.) The date for calculating the applicable sewerage facilities charge for a particular project or discharge shall be fixed as follows:
(i) where a sewer connection permit is required, on the date the connection permit is issued;
(ii) where no connection permit is required but a building permit is required, on the date the building permit authorizing the majority of the structural construction is issued; and
(iii) where neither a connection permit nor a building permit is required, on the initial date of the increased discharge which triggers the additional payment.
Where the charge has been paid on or after July 1, 1994 at a certain rate or sewage generation factor, but the connection or building permit referred to in (i) or (ii) above has not been issued, and the SFC rate and/or sewage generation factor changes, the permittee shall pay the additional amount or shall be eligible for a refund, as applicable, when the connection permit or building permit is issued. The amount of the additional payment or the refund shall be the difference between the SFC calculated before and after the changes in rate and/or sewage generation factor. Notwithstanding any other sections of this code, the City Engineer with Board approval is authorized to direct the Controller to make such refunds as necessary.
3. Where application is made for a new house sewer connection permit under Section 64.14(a) of the Municipal Code after a previous permit has expired following its non-extendable two-year duration, and the Sewerage Facilities Charge has been paid at a rate in effect prior to an increase in the charge and the new application is made after such increase, the additional Sewerage Facilities Charge due under the rate applicable at the time of application shall be paid as a condition of issuance of the new permit. (Amended by Ord. No. 168,578, Eff. 3/13/93.)
4. Effective May 1, 1989, the sewerage facilities charge rate to be paid by the property owners for sewer connection on assessment sewer projects will be set at the rate in effect on the date the Ordinance of Intention is adopted by the City Council. The sewer connection must be made within one year after acceptance of the completed sewer by the Board of Public Works. (Added by Ord. No. 168,082, Eff. 8/22/92.)
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