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(Amended by Ord. No. 150,478, Eff. 2/6/78.)
(a) No person shall make, construct, alter, or repair any house connection sewer, bonded house connection sewer, special house connection sewer, industrial waste sewer connection, industrial waste storm drain connection, storm drain connection, or special drainage connection, or any portion of any such sewer or storm drain connections, including sampling maintenance holes, or connect any house sewer, soil pipe, or plumbing to any such sewer or storm drain connections or to a sewer or storm drain under the jurisdiction of the City of Los Angeles, without first obtaining a written permit therefor from the Board of Public Works.
(b) Persons desiring to obtain a permit for any of the purposes enumerated in Sections 64.12 to 64.22 inclusive, shall file with the Board a written application therefor signed by the applicant, on printed forms, furnished by it for that purpose. The application shall contain such information as the Board may require. If it appears from the application that the work to be performed thereunder is to be done according to the regulations contained or referred to in this article, governing the doing of such work, a permit shall be issued upon payment of the permit charges required or referred to in Section 64.15.
(c) The Board before granting any permit in accordance with the provisions of Sections 64.12 to 64.22 inclusive, which will necessitate any excavation in, upon or under any State highway in this City or the making of a connection to a sewer or house connection sewer for which a permit is also required from a County Sanitation District, or a political subdivision other than this City, shall require such permit to be presented for inspection.
(d) Nothing in this section shall be deemed or construed to require the application for or the issuance of a permit for the purpose of removing stoppages in any house connection sewer, except when it is necessary to replace any part or all of such sewer connection or to excavate in any street or sidewalk or sewer easement in connection therewith.
(e) A permit under which an excavation, tunnel, or the laying of sewer, or storm drain pipe in any public street is contemplated will be issued only to other departments of the City, other governmental agencies, or contractors holding a valid contractor’s license issued by the Contractors’ License Board of the State of California in the classification of A-1 General Engineering, B-1 General Building, C-36 Plumbing, or C-42 Sewer, Sewage Disposal, Drain, Cement Pipe Laying. (Added by Ord. No. 121,900, Eff. 6/4/62.)
EXCEPTION: A permit for making sewer connections at the property line may be issued to any responsible person when in the opinion of the Board, the granting of such permit will not endanger public property or jeopardize the public’s interests.
(f) Any person performing work pursuant to a permit issued under this section shall comply with all the provisions of Section 62.03.1 of this Code. (Added by Ord. No. 150,478, Eff. 2/6/78.)
The provisions of Section 64.12 requiring permits for the construction of house connection sewers shall not be construed to apply to contractors constructing house connection sewers under contracts entered into under proceedings had or taken pursuant to any of the procedure ordinances of this City, or the County of Los Angeles, or the Statutes of the State of California, or other contracts authorized by the City Council, providing for the construction of such house connection sewers.
(Amended by Ord. No. 168,578, Eff. 3/13/93.)
(a) If the work authorized by a permit issued pursuant to Sections 64.12 to 64.22, inclusive, of this Code is not commenced within two years from the date of its issuance, such permit shall expire and be canceled. In the event the permit is revoked, canceled or expires, the City shall retain a portion of the permit fee to defray administrative costs in an amount determined and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees. If the work authorized by a permit is commenced, it must be prosecuted diligently to completion.
(b) The Board may suspend or revoke the permit at any time in the public interest upon receipt of a written request showing good and sufficient cause therefor by the permittee, the owner of the affected property, or other interested party. Any such action shall not be deemed to release any applicable insurance or surety filed pursuant to Section 64.15.1.
(c) Any Sewer Connection Permit that has not expired by the effective date of this section shall be given an extended duration of two years from the original date of issuance.
(a) An applicant for issuance of a permit pursuant to the provisions of 64.12 shall pay to the Bureau of Engineering, in addition to all other required fees and charges, the following fees where applicable: (Amended by Ord. No. 184,054, Eff. 3/6/16.)
1. A fee of $273 for every permit seeking a connection to an existing sewer line at the property line or to an existing storm drain or catch basin; and
2. An inspection fee of $2.84 for each linear foot of connection laid, re-laid, or exposing a sewer housing connection pipe or a storm drain construction pipe in any public place or public right-of way. The determination of the total amount of an inspection fee owed pursuant to the provisions of this subdivision shall be determined by an inspection of the site, and the inspection fee owed shall be paid in conjunction with the collection of trench resurfacing charges owed pursuant to the provisions of Subsection (b) of Section 62.05.
(b) Where an applicant for issuance of a permit pursuant to the provisions of 64.12 seeks to connect to a sewer line that was constructed at no expense to an owner of the property for which the connection is sought, and the purpose of the connection is not to replace any existing house connection sewer, the Bureau of Engineering shall charge and collect, in addition to all other required fees and charges, a fee of $84 for each linear foot of house connection to be constructed. (Amended by Ord. No. 184,054, Eff. 3/6/16.)
(c) No Industrial Waste Sewer or Storm Drain Connection Permit will be issued unless the applicant has complied with the provisions of Section 64.30. When the provisions of Section 64.11.2 or Section 64.16.1 are applicable, no Sewer House Connection Permit will be issued until the applicant has complied therewith. No Special Drainage Connection Permit will be issued until the applicant has complied with all conditions established by the Board. No House Connection Permit (other than for repairs) and no Industrial Waste Sewer Connection Permit will be issued until the applicant has paid a sewerage facilities charge in accordance with Section 64.11.3. (Amended by Ord. No. 140,189, Eff. 5/11/70.)
(d) Where the is no existing Y or opening in the main line sewer, storm drain or catch basin, an additional tapping fee must be prepaid in accordance with Section 64.20 of this Code before any permit will be issued under this section. (Amended by Ord. No. 112,719, Eff. 2/28/59. )
(e) Before any permit is issued pursuant to Section 64.12 under which an excavation tunnel or the laying of sewer or storm drain pipe in any public street, public place or public easement is contemplated, the applicant must have a policy of protective liability insurance and either a cash deposit or surety bond on file with the Board in accordance with the provisions of Section 64.15.1. (Amended by Ord. No. 122,639, Eff. 9/15/62.)
(f) If the Bureau of Engineering or the Bureau of Contract Administration requires inspections for the issuance of any permit issued pursuant to the provisions of Section 64.12 or for oversight of the permitted project, the Bureau of Engineering shall charge and collect Special Inspection Charges pursuant to the provisions of Section 62.05 (a)(1)(cc). (Amended by Ord. No. 182,237, Eff. 9/28/12.)
(g) If the Bureau of Engineering is required, pursuant to issuance of a permit pursuant to the provisions of Section 64.12 or for oversight of the permitted project, to provide services not ordinarily required with respect to such permits, the Bureau shall charge and collect the actual costs of providing its services and a deposit of such costs as determined and collected pursuant to the provisions of Sections 61.14 and 61.15. (Amended by Ord. No. 182,237, Eff. 9/28/12.)
(h) No permit to connect which is subject to the provisions of Section 64.11.3(c) shall be added until the applicant has provided the City with proof of payment of the sewer connection fee required by the Los Angeles County Sanitation District in whose facilities sewage from the subject property is treated. (Added by Ord. No. 157,145, Eff. 11/22/82.)
(i) (Added by Ord. No. 178,958, Eff. 8/19/07.) There is hereby established, a requirement that the City perform a Sewer Capacity Availability Review (SCAR) when any person seeks a permit to connect one or more properties to the City’s sewer collection system, or proposes additional discharge through their existing public sewer connection, or wishes to obtain a SCAR in anticipation of a future sewer connection and that future connection or that proposed or future development is anticipated to generate 10,000 gallons or more of sewage per day. A SCAR is an analysis of the existing sewer collection system to determine if there is adequate capacity existing in the sewer collection system to safely convey the newly generated sewage to the appropriate sewage treatment plant. All costs incurred by the City in performing a SCAR shall be recovered through a SCAR fee as follows:
1. For any SCAR for a proposed sewer connection or possible future sewer connection and/or proposed development or future development that pursuant to the City’s sewage generation tables will generate 10,000 gallons or more of sewage per day, or proposes to discharge, pursuant to the City’s sewage generation tables, 10,000 gallons of additional sewage per day through their existing public sewer connection, a fee titled “Sewer Capacity Availability Review Fee” (SCARF) to cover the cost of SCAR shall be paid to the Board by the applicant before the SCAR is conducted.
2. The SCAR Fee or SCARF shall be based on the level of engineering analysis and data collection required to complete the SCAR. The SCARF amounts are:
Proposed Sewer Discharge (gallons per day) | SCAR Fee or SCARF |
10,000 - 50,000 | $1,300 |
50,001 - 100,000 | $1,815 |
100,001 - 200,000 | $2,075 |
200,001 - 350,000 | $2,335 |
350,001 - 500,000 | $2,600 |
> 500,000 | $2,850 |
(j) All fees collected pursuant to this section, excluding storm drain revenues which shall be deposited into the General Fund, shall be deposited into the Sewer Construction and Maintenance Fund established by Section 64.19.2 of this Code, such monies to be expended for purposes set forth in said section and to provide for appropriate refunds relative to such fees. Storm drain revenues are monies collected from imposition of storm drain connection permit fees, special drainage connection fees and those fees imposed pursuant to Subsections (d), (e), as it relates to storm drains, and (g) of this section. (Added by Ord. No. 162,864, Eff. 11/22/87; Former Subsec. (i) relettered by Ord. No. 178,958, Eff. 8/19/07.)
(Amended by Ord. No. 122,639, Eff. 9/15/62.)
(a) Liability Insurance.
1. Required. Except as otherwise provided in this article, a permit required by Section 64.12 under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street, public place or public easement is contemplated, will not be issued until the applicant has filed with the City Engineer a policy of protective liability insurance in which the City has been named as insured or coinsured with the permittee. The policy of insurance shall insure the City and its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the operations of the permittee, or any contractor or subcontractor of the permittee, pursuant to the permit.
2. Amounts. (Amended by Ord. No. 153,469, Eff. 6/1/80.)
Bodily Injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate products and completed operations
Property Damage $100,000 each occurrence.
$250,000 aggregate
A combined single limit policy with aggregate limits in the amount of $1 million will be considered equivalent to the required minimum limits.
3. Coverage. Such policy of insurance shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters, together with such endorsements as are required to cover the risks involved.
(b) Deposits. (Amended by Ord. No. 180,158, Eff. 10/4/08.)
1. Required. Except as otherwise provided in this article, a permit required by Section 64.12 under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street or public easement is contemplated, will not be issued until the applicant has deposited with the Board not less than $10,000 in cash which shall remain on deposit with the Board for not less than six months from the date of the last permit issued to the depositor thereof. Such deposit will be held to insure the faithful and proper performance of the work and the payment of all charges required by Sections 64.12 to 64.22 inclusive, and the Board is hereby empowered to deduct from the cash deposit all sums due for charges hereunder and for any and all damages accruing to this City by reason of faulty, defective or incomplete work by the permittee.
2. Surety Bond in Lieu of Deposit. Whenever in this section a cash bond in the amount of $10,000 or over is required, the applicant may provide in lieu of such cash deposit, a good and sufficient bond in an amount equal to the amount of such cash deposit, payable to this City, executed by the applicant as the principal and by a reliable surety company qualified to do business in California and the City of Los Angeles, which bond is satisfactory to this City. Such bond shall be deposited with and held by the City to insure the faithful and proper performance of the work and the payment of all charges required by Sections 64.12 to 64.22 inclusive, upon the same terms as those required by the cash deposit, in lieu of which, the bond is executed. The Board is hereby empowered to demand and receive payment from the bond for all sums due for charges hereunder and for any and all damages accruing to this City by reason of faulty, defective or incomplete work by the permittee.
3. Increase in Bond Amount. On July 1, 2009, the amount set forth in subsections 64.15.1(b)1. and 64.15.1(b)2. for both the required cash deposit and surety bond shall increase from $10,000 to $20,000. On July 1, 2011, the amounts for both the required cash deposit and surety bond shall increase from $20,000 to $25,000 and on each July 1 starting in 2012, the amount of both the required cash deposit and surety bond shall increase annually by the percentage amount of the increase in the consumer price index for the previous calendar year rounded up to the nearest $100. Starting in 2012, all current Bonded Sewer Contractors shall be notified each year by April 1 of the new bonding requirements and the need to have a new bond in the correct amount in place by July 1.
From Federal Government, the State, every county, city and county, municipal corporation, irrigation district, school district, district established by law, and any political or administrative subdivision of the State or Federal Government will not be required to make a deposit or to post a policy of protective liability insurance as otherwise required by Sections 64.15 and 64.15.1. (Amended by Ord. No. 121,900. Eff. 6/4/62.)
(a) (Amended by Ord. No. 171,036, Eff. 6/6/96.) Before granting a permit to connect any lot or parcel or to connect a new building on such lot or parcel to a public sewer or house connection sewer pursuant to the provisions of Section 64.12 of this Code, including a replacement building following a demolition, except applications for permits to repair or replace existing sewer connections which repair or replacement is unrelated to any new construction or to new use or occupancy, the Board shall require, in addition to all other charges and fees imposed by Sections 64.12 to 64.22, inclusive, the payment by the applicant therefor of a Sewerage Facilities Charge fixed in accordance with Section 64.11.3. The Board shall provide a credit pursuant to Subsection (c).
(b) (Amended by Ord. No. 171,036, Eff. 6/6/96.) A Sewerage Facilities Charge, based upon the rates established in Section 64.11.3 of this article, shall also be imposed as follows:
1. Where a physical addition is made to an existing residential occupancy to create an additional dwelling unit or units, or where an existing residential occupancy is modified to create an additional dwelling unit or units, a charge shall be imposed for each additional dwelling unit on a lot or parcel created by the addition or modification. Where any existing dwelling unit is enlarged or modified to create an additional bedroom or bedrooms, a charge shall be imposed for each additional bedroom created on the lot or parcel by the addition or modification.
2. Where an addition is made to an existing commercial building, or an additional commercial building is constructed on a lot or parcel, a charge shall be imposed based on the increase in gross floor area or on the increase in such other indicator of activity as the Board may adopt.
3. Where the average flow discharge and/or the average discharge of mass emissions of biochemical oxygen demand (BOD) and/or suspended solids (SS) from industrial buildings on a lot or parcel are increased, a charge shall be imposed based on the average flow and the BOD and SS mass emissions (calculated as the flow rate multiplied by the BOD and SS concentrations and by a unit conversion factor) following the increase. The Board shall provide a credit pursuant to Subsection (c).
4. Where the use or occupancy of an existing building on a lot or parcel is changed, a Sewerage Facilities Charge shall be imposed based upon such new use or occupancy. The Board shall provide a credit pursuant to Subsection (c).
(c) Whenever a credit is allowed, the credit shall be determined by first calculating flow, BOD and SS credits and then calculating an aggregate monetary credit. The flow, BOD and SS credits shall remain with the lot or parcel except as provided in Section 64.16.2 or 64.19(e). (Amended by Ord. No. 182,076, Eff. 4/6/12.)
1. The flow credit shall be calculated as the total of the following:
(i) the largest average flow rate of discharge from the lot or parcel to a public sewer determined by the City Engineer to have occurred before establishment of the Sewerage Facilities Charge, provided that it shall be the applicant’s responsibility to submit documented evidence satisfactory to the City Engineer to obtain this credit; plus
(ii) the average flow rate of discharge for which a Sewerage Facilities Charge has been paid in cash, by transferral from a revitalization, enterprise, or empowerment zone per Section 64.16.2, or by construction of an offsite sewer pursuant to Section 64.11.3, provided that offsite sewer construction shall have been accomplished and its cost documented in accordance with the policies of the City Engineer to obtain this credit; minus
(iii) the average flow rate of discharge which is equivalent to the flow component of any refunds which have been paid; minus
(iv) the average flow rate of discharge which has been transferred away pursuant to Section 64.16.2.
2. The Board shall adopt rules to determine the initial BOD and SS credits allocable to a lot or parcel upon implementation of this subsection (c).
3. The credits for strength (BOD and SS) parameters shall be calculated as the total of the following:
(i) the largest average rate of mass emissions discharge from the lot or parcel to a public sewer determined by the City Engineer to have occurred before establishment of the Sewerage Facilities Charge, provided that it shall be the applicant’s responsibility to submit documented evidence satisfactory to the City Engineer to obtain this credit; plus
(ii) the average rate of mass emissions discharge for which a Sewerage Facilities Charge has been paid in cash, by transferral from a revitalization, enterprise, or empowerment zone per Section 64.16.2, or by construction of an offsite sewer pursuant to Section 64.11.3, provided that offsite sewer construction shall have been accomplished and its cost documented in accordance with the policies of the City Engineer to obtain this credit; minus
(iii) the average rate of mass emissions discharge which is equivalent to the mass emissions component of any refunds which have been paid; minus
(iv) the average rate of mass emissions discharge which has been transferred away pursuant to Section 64.16.2.
The monetary credit shall be calculated by multiplying the rates established pursuant to Section 64.11.3 at the time the Sewerage Facilities charge was paid by the flow, BOD and SS credits and summing the results, provided that the total credit shall not exceed the Sewerage Facilities Charge required to be paid except as provided in Subdivision 6. of Subsection (a) of Section 64.19. (Amended by Ord. No. 182,076, Eff. 4/6/12.)
Notwithstanding the previous sentence, in the case of reconstruction of a building damaged by the earthquake of January 17, 1994, the amount of the credit shall be the Sewerage Facilities Charge which would have been applicable on January 17, 1994, or the Sewerage Facilities Charge based on the rates established pursuant to Section 64.11.3, whichever is greater.
(d) ((c) Relettered (d) by Ord. No. 171,036, Eff. 6/6/96.) The Council may, in the exercise of its sound discretion, and upon advice of the Board, reduce the sewers facilities charge for any property for which off-site public sewers are constructed beyond the limits of said property, by all or part of the actual cost of the construction of said off-site public sewer.
(e) ((d) Relettered (e) by Ord. No. 171,036, Eff. 6/6/96.) Where the applicant meets the criteria as specified hereinafter, and enters into an installment payment agreement with the Board, the applicant shall be allowed to pay the Sewerage Facilities Charge as follows: a down payment of 15 percent of the Sewerage Facilities Charge due, or more at the applicant’s option, followed by quarterly installments extending over a period not to exceed five (5) years at such interest rate as the Board shall establish annually in July of each year. The rate shall be the simple average of the last available twelve months’ average interest earnings from the pool in which Sewer Construction and Maintenance Fund moneys are invested, as reported by the City Treasurer and rounded to the nearest tenth of one percent, plus one percent.
EXCEPTION: Interest shall not be charged to a charitable institution as defined in Item No. 2 below. Quarterly installments shall be in the amount necessary to fully amortize the Sewerage Facilities Charge, excluding the down payment, and interest over the payment period.
The Board shall also establish a fixed fee to cover setup and administrative costs associated with the installment plan. This fee shall be determined as provided in Section 12.37 I.1. of the Los Angeles Municipal Code. If the applicant is a lessee, the installment payment period shall not exceed the remaining period of time the applicant is to occupy the subject property under the terms of the lease agreement. Provisions in the lease agreement for termination of the lease upon the occurrence of certain events shall not prevent the lessee from entering into an installment agreement.
The applicant must meet one or more of the following criteria:
1. The applicant’s property is an individual site in which the Sewerage Facilities Charge due equals or exceeds $17,000. “Individual site” shall not include a subdivision with more than one sewer connection.
2. The applicant is a charitable institution and the Sewerage Facilities Charge due equals or exceeds $5,000. For the purpose of this subsection, a charitable institution shall be an institution which meets the five criteria listed in Subsection (f) of this section.
3. The applicant is a surgical hospital.
4. The applicant is a property owner who is ceasing to use a private sewage disposal system and is connecting to the City sewage system.
(f) ((e) Relettered (f) by Ord. No. 171,036, Eff. 6/6/96.) Whenever the Board has authorized an installment payment agreement to be entered into pursuant to Subsection (e), the following requirements shall apply:
1. The first quarterly payment under the installment payment agreement shall be due on the first day of the third month next succeeding the month in which the down payment was made. Remaining payments shall be due on the first day of every third month thereafter.
2. A payment shall become delinquent if not postmarked on or before the 15th of the month in which it is due. All delinquent payments shall incur a penalty charge of 10 percent of the cumulative amount of all delinquent payments, including previous delinquency charges. Said delinquency charge must be paid in full before normal payments will again be accepted.
3. If a payment remains unpaid beyond the 15th day of the third month next succeeding the date on which it became delinquent, the permittee shall be determined in default. The Board shall notify the permittee, and, in addition, the owner of the property if different from the permittee, by certified mail with return receipt that:
A. The permittee and/or the owner have one month from the default date to bring the balance current or the entire unpaid plan amount, including delinquent charges, will become due and payable; and
B. The connection permit may be canceled and the connection severed if the permittee continues in default beyond that date.
4. If the permittee remains in default for one month and 10 days, the Board may cancel the Sewer Connection Permit and sever the connection. The Board shall notify the permittee, the owner, if different from the permittee, and the Superintendent of the Department of Building and Safety at least 10 days before taking such action.
5. Where title to a premises subject to an installment payment agreement is sold or transferred, and the permittee is the owner of said property, the entire unpaid balance of the charge shall immediately become due and payable and the permittee and the new owner of the property shall be jointly and severally liable for said amount. The installment payment agreement shall provide for the creation of a lien against the subject property to secure payment to the City, at time of sale, of the unpaid balance of the Sewerage Facilities Charge and any accrued penalty charges. The lien shall be recorded with the County Recorder by means of a covenant executed by the parties.
6. In the event the permittee is a lessee on the property, the entire unpaid balance of the charge shall immediately become due and payable upon termination of the leasehold interest for whatever reason, including termination of the lease or assignment of the leasehold interest, and the permittee shall be liable for said amount. The installment payment agreement shall provide for the creation of a lien against the leasehold interest of the lessee to secure payment to the City of the unpaid balance of the Sewerage Facilities Charge and any accrued penalty charges at the time of termination of the leasehold interest. Such lien requirement shall not be imposed, however, if the lessee would violate the lease agreement in so doing, or is unable to obtain the consent of the lessor where such is required by the lease. The lien shall be recorded with the County Recorder by means of a covenant executed by the parties. In the event of leasehold termination, the lessor may assume the obligation of payment of the unpaid balance under the installment payment agreement but will be required to comply with all provisions of this section which are applicable to owners who are permittees.
7. Delinquent charges and all penalties thereon as to any permittee, whether lessee or owner, shall constitute a lien on the real property served when recorded as provided in Section 54355 of the Government Code of the State of California and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor.
8. All or part of any unpaid plan amount may be paid in advance at any time.
9. When all moneys under the plan have been paid in full, a Sewer Facilities Charge certificate of payment will be issued.
(g) ((f) Relettered (g) by Ord. No. 171,036, Eff. 6/6/96.) Where the applicant is a charitable hospital, it shall be exempt from sewerage facilities charges. A hospital is charitable, for the purpose of this subsection if:
1. It is not operated for profit;
2. No part of its assets inures to the benefit of any private shareholder or individual;
3. Its assets are irrevocably dedicated for a charitable purpose;
4. Upon dissolution, its assets shall be distributed to an organization exempt for charitable purposes from taxation under the Revenue and Taxation Code or the Internal Revenue Code.
5. The applicant has obtained a charitable purpose tax exemption determination from the California Franchise Tax Board.
(h) ((g) Relettered (h) by Ord. No. 171,036, Eff. 6/6/96.)
1. Where the Board finds that an applicant presently discharging, as of the date of this ordinance, into the Los Angeles Harbor has been ordered by a State and/or Federal agency to so cease discharging and, as a result, must therefore connect to the City sewer system, the Board may permit the applicant to defer payment of such sewage facilities charge for a two year period from the date of the application for the sewer connection permit. If at the end of such two year period the property which was connected to the City’s sewer system pursuant to such deferment of payment is no longer so connected no sewerage facilities charge will be imposed. The granting of such deferment of payment is subject to the applicant entering into an agreement to pay the amount deferred if the subject property is still connected to the City’s sewer system at the end of the two year period.
(Para. numbered 1., Amended by Ord. No. 153,056, Eff. 10/29/79.)
2. (Added by Ord. No. 153,056, Eff. 10/29/79.) As to any applicant granted such a deferment as provided above the Board may grant a deferment for an additional eighteen month period provided at the time application is made for such extension the applicant is actively seeking permission from the appropriate authorities to be permitted to discharge into the Los Angeles Harbor. If at the end of such eighteen month extension the property which was connected to the City’s sewer system pursuant to such deferment of payment is no longer so connected no sewerage facilities charge will be imposed. The granting of such extended deferment is subject to the applicant entering into an agreement, or amending its existing agreement, with the City to pay the amount deferred if the subject property is still connected to the City’s sewer system at the end of the eighteen month extension period.
(i) ((h) Relettered (i) by Ord. No. 171,036, Eff. 6/6/96.) The sewerage facilities charge fees applicable to single family dwellings as of September 1, 1986, shall be applicable to a sewer connection by a single family dwelling to a sewer when:
1. The sewer was installed pursuant to an assessment proceeding where the petition therefore was on file with the City as of September 1,1986; and
2. The connection is made within one year after acceptance of the completed sewer by the Board.
(j) ((i) Relettered (j) by Ord. No. 171,036, Eff. 6/6/96.) Where the applicant is a non-profit corporation it shall be exempt from sewerage facilities charges required for a dwelling structure it is constructing, or substantially rehabilitating, to serve low-income elderly and/or handicapped families or individuals if the construction or rehabilitation of said structure is being government funded and the dwelling is on property being leased from the city, or on property which has been, or will be, acquired from the City with the City having an option to re-acquire the property. A corporation is non-profit, for the purpose of this section, if:
(1) The purposes of the corporation include the promotion of the welfare of elderly and/or handicapped families and/or individuals;
(2) No part of the net earnings of the corporation may inure to the benefit of any private shareholder, contributor or individual; and
(3) The corporation is not controlled by, or under the direction of, persons or firms seeking to derive profit or gain therefrom.
(k) ((j) Relettered (k) by Ord. No. 171,036, Eff. 6/6/96.) (Repealed by Ord. No. 170,083, Eff. 11/26/94, Oper. 7/1/94.)
(l) (Added by Ord. No. 169,042, Eff. 9/14/93.) Where an alcohol retail business was damaged or destroyed in the 1992 civil disturbance, the sewerage facilities charge shall be waived where the specific site, or an area encompassing the specific site, where such business was or is located, is to be converted to another use not involving the sale of alcoholic beverages. In case the new use is to be a non-industrial laundromat, such waiver will be to the extent of the use of a maximum of sixty (60) washing machines; provided, however, if the new use is something other than a laundromat, the waiver available shall be equivalent to the amount of the sewerage facilities charge payable for a laundromat containing sixty (60) washing machines. As a condition to obtaining such a waiver of the sewerage facilities charge, the alcohol retail licensee must submit proof of the cancellation of the license issued by the State Alcoholic Beverage Control Department for the particular alcohol retail business which was damaged or destroyed, at the time of the issuance of the certificate of occupancy.
Such conversion to a new use having occurred, if there should be a further or different conversion then the credit utilized in determining the appropriate sewerage facilities charge shall be based upon the applicable sewerage facilities flow credit prior to the 1992 civil disturbance.
This section shall be non-operative two (2) years after its effective date.
(m) (Added by Ord. No. 171,036, Eff. 6/6/96.) Notwithstanding Subsection (a) of this section, where the application is for the connection of a temporary field office at a construction site to a sewer, no Sewerage Facilities Charge shall be collected.
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