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(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.
(Added by Ord. No. 169,347, Eff. 3/12/94.)
Manufacturing and industrial businesses, including laundromats, where the estimated quantity of discharge for Sewerage Facilities Charge purposes is based upon the process used or number of machines and have an existing City of Los Angeles industrial flow Sewerage Facilities Charge credit may transfer all or part of this credit within or between a Revitalization, Enterprise or Empowerment Zone(s) or into a Revitalization, Enterprise or Empowerment Zone as defined in State or Federal law subject to the following conditions:
(a) A Sewerage Facilities Charge credit for the empty building shell(s) or most recent improvements if the land is vacant shall remain with the donor site.
(b) A Sewerage Facilities Charge must be paid or already exist for the building shell(s) at the receiver site.
(c) Local sewer availability and capacity at the receiver site to handle the transferred sewage flow must be verified by the City Engineer. An additional mainline sewer must be constructed at no cost to the City to a point of available capacity as determined by the City Engineer if local capacity does not exist.
(d) Only one transfer from a donor site to a receiver site shall be permitted and no transfer from a receive site back to a donor site shall be permitted.
(e) Any increase in sewer discharge at either the donor or receiver site over the adjusted sewer discharge flows established after the transfer at either site, shall require the payment of additional Sewerage Facilities Charge at the rate in effect at the time of the flow increase.
(f) A current Title Report must be submitted to the City Engineer verifying the ownership of the donor site from which flow credits are to be taken.
(g) If the person(s) requesting the transfer of flow credit is not the owner of the donor site, a notarized assignment of sewer discharge credits from the property owner to the person(s) requesting the transfer of the sewer discharge credits is required. This assignment can not be executed until it has been approved and signed by the City Engineer. Falsification of these documents will invalidate the transfer request and may result in referral to the City Attorney or District Attorney for prosecution.
(h) A non-refundable fee of $250 must be paid to initiate and document the transfer of Sewerage Facilities Charge flow credits. This fee shall be deposited directly into the Sewer Construction and Maintenance Fund. The fee herein shall be adjusted, if required, in order to recover the City’s administrative costs, and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.
(i) The transfer of the sewer discharge must be initiated by submitting construction plans to the Department of Building and Safety for the receiver site within one year of approval of the transfer request. A written request to the City Engineer may be made for an additional one-year time extension. If the plans have not been submitted within two years, a new application for transfer of sewer discharge rights must be made.
No person having obtained a permit from the Board shall construct, alter, or repair any house connection sewer or any portion of any house connection sewer, or makes a connection to any public sewer, or house connection sewer, pursuant to any such permit, at any place other than that designated thereon, or fail, refuse or neglect to comply with any such requirement contained or referred to in this section.
At all times, while the work under any such permit is in progress, the original of such permit must be kept at the place of the work and must, on demand be exhibited to the Board or to any of its inspectors, agents or representatives, or to any police officer.
(a) In those streets and alleys included in that portion of this City, designated by Chapter 8 of this Code as the Central Traffic District, when an excavation is commenced, the making of the excavation, the work to be done therein and the refilling of the excavation, shall be prosecuted diligently and continuously until completed, so as not to obstruct the street or other public place or travel thereon, more than is actually necessary.
(b) The construction of all house connection sewers, and all repairs to such house connection sewers, shall be as follows:
1. All pipe shall be clay, cement, cast iron, ABS and PVC plastic pipe or asbestos cement and have a minimum internal diameter of six inches. (Amended by Ord. No. 152,157, Eff. 5/13/79)
2. House connection sewers in easements over private property shall be constructed of only clay pipe with flexible joints, ABS and PVC plastic pipe or cast iron pipe, and may have an internal diameter of four or six inches. (Amended by Ord. No. 152,157, Eff. 5/13/79)
3. Upon proper application to the Board, the Board may permit the increase in the internal diameter of house connection sewers to not more than two inches less than the internal diameter of the public sewer to which it is connected, if such increased diameter is in accordance with good engineering practice.
4. The quality of the pipe, the type of joint and other materials used, the manner of constructing house connection sewers, the backfilling of the trench, except where specifically provided for herein, or by the Board, shall be the same as is required by the latest specifications and standard plans for the construction of sanitary sewers in this City.
(c) Whenever, in connection with the construction or repair of a sewer connection, a hazardous excavation must be made or an excavation is to be made by tunneling under the surface of a street or alley, the Board may adopt such regulations and require such special inspections as it may deem necessary. The cost of such special inspection shall be estimated by the Board and paid as outlined in Section 64.15.
(d) All house connection sewers, unless otherwise authorized by the Board, shall be laid on a uniform grade of not less than two per cent, with a depth, measured to the invert, at the property line, of not less than four feet below the top of the existing curb or proposed curb at the nearest point. If there is no existing or proposed curb, then such house connection sewers shall be laid on a uniform grade of not less than two per cent, with a depth, measured to the invert, not less than four feet below the surface of the roadway, sidewalk or alley at the property line, unless a greater depth is required to serve such property.
(e) (None)
(f) Where a building is on or immediately adjacent to the property line, to which a sewer connection must be constructed, and an existing house sewer from said building ends at such property line at a depth of less than the depth required in this section for the upper end of a house connection sewer to be constructed to such property line; or where an earth bank over 4 feet in height exists adjacent to the curb line or property line, the Board shall adopt such regulations, for the construction of that portion of the house connection sewer between the curb line and property line, if in a street, and between the main sewer and the property line, if in an alley, walk or other public place improved or to be improved without a curb, which will meet such conditions better than the method of construction herein prescribed.
Where a main sewer exceeds 14 feet in depth the manner of constructing a house connection sewer from such a sewer shall be regulated by the Board.
(g) (Amended by Ord. No. 142,123, Eff. 7/31/71.) Persons making an excavation in any street or sidewalk for any of the purposes mentioned in Sections 64.12 to 64.22 inclusive, must maintain free access to all fire hydrants and water gates. All materials excavated shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. If any excavation is made across any street or alley, at least one safe crossing must be maintained at all times for vehicles and pedestrians. Where required to keep traffic lanes and sidewalk passageways clear, tight board fences shall be used to hold excavated material. All gutters must be maintained free and unobstructed for the full depth of the adjacent curb and for at least one (1) foot in width from the face of such curb at the gutter line. All work shall be performed in accordance with the latest adopted manual entitled “Work Area Traffic Control”, the latest adopted “Standard Specifications for Public Works Construction”, any required plans and special specifications and shall be performed to the satisfaction of the Board.
If the warning signs, lights and devices required under this section are not promptly provided, the Board may provide them; the cost of such work performed by the Board may be billed to the permittee.
(h) Any excavation made for the purpose of making a house connection to a sewer shall be refilled in the manner required by this article within three days after inspection of the pipe by the Board, or within three days after the date of the completion of the excavation if no work is done therein. Nothing in this article contained shall be construed to allow a longer period of time therefor.
The top surface of the backfill shall conform closely enough to the level of the adjoining street or sidewalk surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain the surface of the backfill in a condition safe for pedestrian and vehicular traffic until the said surface has been repaired by the Board, and said permittee shall be responsible for all accidents which may occur due to pedestrians traveling over or upon the site of the excavation as well as vehicles crossing said site at a legal rate of speed, until said surface has been so repaired. (Amended by Ord. No. 142,123, Eff. 7/31/71.)
If it is impracticable to maintain the surface of the backfill in safe condition for pedestrian travel or vehicular traffic, subject to concurrence by the inspector, then the permittee shall maintain barriers and lights around it in accordance with Subsection (g) hereof until the sidewalk and street pavements have been repaired. (Added by Ord. No. 142,123, Eff. 7/31/71.)
(i) The street surface excavated or damaged shall be replaced by the Board, and the cost thereof shall be recovered by the Board in accordance with the provisions of Section 62.05 of this Code. (Amended by Ord. No. 121,900, Eff. 6/4/62.)
(j) In all cases where the public records of a public sewer, or house connection sewer, do not correctly represent the existing condition of or conditions surrounding such sewer, or where, in the opinion of the Board, the physical conditions are such that strict compliance with the provisions of Section 64.12 to Section 64.22, inclusive, if unnecessary or unreasonable, the Board is granted the power to make modifications for individual cases, and determine the procedure to be followed, and its decision shall be final.
(k) No person shall connect a 4-inch house sewer to a 6-inch house connection sewer without first installing a 6-inch by 4-inch by 4-inch increaser tee on the end of the 6-inch house connection sewer, or a six-inch by 4-inch increaser followed by a 4-inch by 4-inch by 4-inch tee branch.
(Amended by Ord. No. 184,054, Eff. 3/6/16.)
An applicant requiring issuance of a permit to connect to or construct a Special House Connection Sewer or Bonded Sewer House Connection Sewer must file an application with the Bureau of Engineering. The Bureau shall charge and collect, in addition to all other required fees and charges, the following fee where applicable:
(a) For rectangular lots, a fee of $74 for each linear foot of the lot frontage for which the connection or construction is sought, except that for rectangular lots that have multiple frontages providing access to sewers, a fee of $74 for each linear foot of the shortest frontage.
(b) For lots that are not rectangular, the Bureau shall calculate the area of the lot for which the connection or construction is sought, determine the size of a rectangular lot that would be equal in area, and impose a fee of $74 for each linear foot of frontage of the equivalent rectangular lot.
(c) The Bureau of Engineering may reduce the total fee imposed pursuant to the provisions of Sub-section (a) or (b) of this Section where it determines that the fee would exceed the fee amount charged with respect to other lots in the same bonded sewer area.
(d) The provisions of this Section do not apply to permit applications for a Bonded Sewer House Connection Sewer where the lot for which the connection is sought was the subject of an assessment for a public sewer connection at the front, rear or side of the lot.
Fees collected pursuant to the provisions of this Section shall be deposited into the Sewer Construction and Maintenance Fund established pursuant to the provisions of Section 64.19.2.
(a) Any money collected or received by the City in accordance with Section 64.11.2, 64.16.1 or 64.18 may be refunded as provided in this Subsection, or may be credited pursuant to the provisions of Subsection (b) or (e) of this Section, and not otherwise, if a verified claim in writing is filed with the City Clerk accompanied by the original receipt or certificate for the fees collected. If said receipt or certificate cannot be located, an affidavit must be filed with the claim which satisfactorily explains why it cannot be located. Such refund shall be made only on the following conditions: (First Sentence Amended by Ord. No. 182,076, Eff. 4/6/12.)
1. Where payment was made per Section 64.11.2 and tract proceedings have expired or been abandoned, the claim must be filed within one year from the date said proceedings expired or where abandoned.
3. Where payment was made per Section 64.16.1 or 64.18 and a house connection permit to connect improvements to the public sewer was obtained per Section 64.12 and where the house connection permit expired or was cancelled and said payment is no longer required, the claim must be filed within one year from the date said permit expired or was cancelled.
4. Where payment was made per Section 64.16.1 or 64.18
and no house connection permit to connect improvements to the public sewer was obtained, and said payment is not required, the claim must be filed within one year after expiration of the building permit, as such expiration is determined by Section 98.0602 of this Code. (Amended by Ord. No. 168, 533, Eff. 3/1/93.)
5. Where payment was made per Section 64.16.1 or 64.18
and no house connection permit to connect improvements to the public sewer was obtained, the time for a plan check, including any extension, pursuant to Section 98.0603 of this Code, has expired, and no payment is required the claim must be filed within one year after the date of such expiration. (Added by Ord. No. 168, 533, Eff. 3/1/93.)
6. (Amended by Ord. No. 171,036, Eff. 6/6/96.) Where payment was made per Section 64.16.1 for a new building and later a demolition occurs on the same lot or parcel, a refund shall be allowed for the demolished building subject to the following:
(i) The demolition must occur within two years of the payment of the Sewerage Facilities Charge for the new building.
(ii) The written application for refund must be made within one year of said demolition and must be accompanied by proof of demolition satisfactory to the City Engineer.
The amount of the refund shall be the amount of monetary credit calculated per Section 64.16.1, Subsection (c), applicable to the demolished building at the time of sign-off of the Demolition Certificate but shall not exceed the amount of the charge which has been paid for the new building on the same lot or parcel.
7. (Former Subdiv. 6 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment was made per Section 64.18 and thereafter a public sewer is constructed to serve such property and the property is assessed for the construction thereof, the claim must be filed within one year from the date notice is mailed to the last address of the owner of the land that the City Council has confirmed the final assessments for said sewer.
8. (Former Subdiv. 7 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment was made per any of the above sections and such amount was collected wholly or partially in error, or was in excess of that required by said sections, the claim must be filed within one year from the date the error was discovered or should have been discovered by any owner of the property for which payment was made.
9. (Former Subdiv. 8 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment has been made pursuant to Section 64.11.2 or Section 64.16.1 subsequent to December 15, 1981, and sewage from the subject property is or will be treated in the facilities of a Los Angeles County Sanitation District, the permittee or person making such payment may apply for a refund of 85% of the fee specified in Section 64.11.2 or the applicable charge specified in Section 64.11.3. The claims must be filed within one year from the date the payment is made or within one year from the effective date of the ordinance adding Subdivision 8 to Subsection (a) of this section, whichever period is longer. (Added by Ord. No. 157,145, Eff. 11/22/82.)
No refund shall be made of money collected pursuant to Section 64.18 hereof, which must be paid to a school district or a department of this City, other than the Department of Public Works, in accordance with any ordinance of this City.
(b) The right to any refund under this Section is payable to the permittee. After the time provided in this Section to apply for a refund expires, the right to a credit for a refund runs with the land, except for credits that are issued pursuant to the provisions of Subsection (e) of this Section. (Amended by Ord. No. 182,076, Eff. 4/6/12.)
(c) Where a refund is due under the provisions of Subsection (a) of this Section or a refund credit is due pursuant to the provisions of Subsection (e) of this Section and the refund or refund credit does not exceed the sum of $25,000, the Board is authorized to make such refund or refund credit without the necessity of first receiving the approval of the City Council, and is authorized to cause a demand to be drawn on the general fund or any other fund in which the fees being refunded may have been deposited. (Amended by Ord. No. 182,076, Eff. 4/6/12.)
(d) The provisions of this section shall not relieve any person from compliance with the provisions of Sections 363, 376 and 376.1 of the Charter relating to the presentation of claims prior to the bringing of a suit or action thereon, or be deemed to limit or qualify the lawful right of any person to bring or maintain any action or proceeding based upon the general law of this State for any remedy provided by that law. (Amended by Ord. No. 146,426, Eff. 9/22/74.)
(e) (Added by Ord. No. 182,076, Eff. 4/6/12.) The Board is authorized to use refund credits that run with the land authorized pursuant to the provisions of Subsection (b) of this Section to offset the increases to the Quality Surcharge Fee (QSF), which increases begin on the effective date of this Subsection and are imposed pursuant to the provisions of Subdivision (4) of Subsection D. of Section 64.30, if all of the following conditions are satisfied:
2. The SIU is also an owner of the property for which the payment was made;
3. The flow, as determined pursuant to the provisions of Section 64.11.3(f), from the property is less than the amount for which SFC payment was made;
4. The SIU can demonstrate that the reduced amount of flow identified in Subdivision 3. of this Subsection was caused by the use of water conservation practices, pretreatment of discharge, or use of environmentally responsible practices; and
5. The SIU, at the time of submission of the written claim to the City Clerk required by the provisions of Subsection (a) of this Section, is not delinquent in payment of any monies owed pursuant to any provision of this Article or Article 4.1.
(f) The monetary value of a refund credit that may be offset against QSF fees as authorized pursuant to Subsection (e) of this Section shall be calculated based on the rate at which the fees for which a refund is requested were paid. (Added by Ord. No. 182,076, Eff. 4/6/12.)
(g) Any refund credit that is used pursuant to the provisions of Subsection (e) of this Section to offset QSF fees will be removed from property records, and any future fee required for the property pursuant to the provisions of Section 64.11.2 or Section 64.16.1 will be calculated based on the rates in effect at the time the fee is imposed. (Added by Ord. No. 182,076, Eff. 4/6/12.)
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