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If a customer requests that the customer's sewer service be temporarily discontinued because all of the buildings receiving sewer service are vacant or have been demolished, the director shall grant a credit for nonuse of the customer's sewer service connection if authorized as provided in Section 13.04.810 of this code. (Ord. 2010-009 § 2; Ord. 2005-020 § 2)
A. General. Every customer requesting a connection to the city sewer system shall be subject to a sewer development fee charged to recover an appropriate share of the capital costs of the city's existing and/or new sewer system facilities. No new sewer service shall be furnished by the city sewer system unless the sewer development fee has been paid. This requirement shall not apply: (1) to the extent that the fee established by this section, or the equivalent thereof, previously has been paid by the owner of the premises to which the sewer service is provided or by a predecessor of the owner; nor (2) to a customer subject to the combined sewer development fee pursuant to Section 13.08.490(A) of this code. Payment of the sewer development fee shall be in addition to payment of all other applicable fees and charges.
B. Amount of Fee. The fee established by this section shall be determined by reference to a schedule of fees adopted from time to time by resolution of the city council, subject to the annual adjustments required by Section 13.08.500 of this code.
C. Replacement Services. If an existing sewer service is replaced by one of a larger size, the sewer development fee shall be equal to the difference between the current fee for the existing service size and the current fee for the replacement service size.
D. Credit for Major Facilities. Nothing in this article shall prohibit the city council from authorizing appropriate credit toward sewer development fees for customers who were assessed or in some manner paid all or a portion of the cost of major city sewer system facilities. (Ord. 2005-020 § 2)
A. General. Every customer requesting a connection to the combined sewer system shall be subject to a combined sewer development fee charged to recover an appropriate share of the capital costs of the city's existing and/or new combined sewer system facilities. No new sewer service shall be furnished to the customer by the combined sewer system unless the combined sewer development fee has been paid. This requirement shall not apply to the extent that the fee established by this section, or the equivalent thereof, previously has been paid by the owner of the premises to which the combined sewer service is provided or by a predecessor of the owner. Payment of the combined sewer development fee shall be in addition to payment of all other applicable fees and charges.
B. Prior Agreements. Prior to the effective date of the ordinance codified in this section, some development projects were allowed to connect to the combined sewer system on the condition that the owner of the parcel being developed enter into an agreement when the city (titled the "Agreement Relative to Participation in Specified Mitigation Measures Relating to the Combined Sewer System") to pay fees lawfully adopted by the city in the future to fund combined sewer system improvements. The owner of a parcel subject to such an agreement shall pay the combined sewer development fee established by this section, in accordance with the provisions of the agreement, within thirty (30) days after receiving an invoice for the fee from the city.
C. Amount of Fee. The fee established by this section shall be determined by reference to a schedule of fees adopted from time to time by resolution of the city council, subject to annual adjustments required by Section 13.08.500 of this code.
D. Replacement Services. If a customer with an existing connection to the combined sewer system requests one or more new connections to the combined sewer system in order to accommodate development of the property served by the existing service, the combined sewer development fee shall be equal to the difference between the current fee for the number of ESFDs on the property prior to the development, and the current fee for the number of ESFDs approved for the development.
E. Credit for Mitigation Projects. The director may determine an appropriate credit to be given against the combined sewer development fee for a customer who constructs or contributes toward the construction of a project or projects that mitigate the impact on the combined sewer system of combined wastewater flows from the customer's premises.
F. Mitigation of Drainage Impacts-Sewer and Storm Drainage Facilities. Payment of the combined sewer development fee is in addition to compliance with any requirements or measures imposed to mitigate the impact of stormwater and surface runoff drainage as provided in Section 13.08.145, and any requirements to construct sewer and storm drainage facilities as provided in Section 13.08.360. (Ord. 2013-0014 § 26; Ord. 2005-020 § 2)
In January of each year, the director of the utilities department shall adjust the fee schedules then in effect for the development fees imposed by Sections 13.08.480 and 13.08.490 of this code to compensate for any increase in construction costs that has occurred since the previous adjustment. This adjustment shall be made by applying the following methodology:
A. The director shall first calculate the "current construction cost index," which shall be the average of: (i) the average construction cost index for twenty (20) U.S. cities published in the appropriate January issue of "Engineering News Record" (ENR) magazine, and (ii) the construction cost index for San Francisco published in the same issue of ENR magazine.
B. The director shall then calculate the "fee adjustment factor," by dividing the current construction cost index calculated pursuant to subsection A, above, by the construction cost index that was calculated in January of the last year in which the applicable development fee schedule was changed.
C. If the fee adjustment factor calculated pursuant to subsection B, above, is one or less, the applicable development fee schedule then in effect will remain unchanged. If the fee adjustment factor calculated pursuant to subsection B, above, is greater than one, the director shall adjust the applicable development fee schedule then in effect by multiplying each of the fees therein by the fee adjustment factor. If the fee schedule for the development fee imposed by Section 13.08.480 or Section 13.08.490 is adjusted as provided herein, the adjusted development fee schedule shall become effective on July 1st following the January when the fee adjustment factor is calculated pursuant to subsections A and B, above. (Ord. 2005-020 § 2)
If the development fees established by Sections 13.08.480 or 13.08.490, above, are charged for sewer service or combined sewer service for any new construction or development requiring a certificate of occupancy, the director may, on a case by case basis, allow the fees to be paid after the service connection is made but prior to issuance of any certificate of occupancy for such new construction or development. (Ord. 2005-020 § 2)
A. There is established a sewer development fee determination board. The board's membership shall consist of the director and the building official, or their respective designees. Any person desiring to contest or dispute the determination of the sewer development fee or combined sewer development fee that applies to the person's sewer service must first pay the fee, then file a written appeal with the building official. The appeal shall be reviewed by the board, and notice of the determination of the board shall be given to the person filing the appeal. If the board grants the appeal, an appropriate refund shall be made, based on the recalculated development fee.
B. If the board does not grant the appeal, a notice that briefly specifies the reason(s) for the board's decision shall be provided to the person filing the appeal. Any appellant receiving this notice who desires to have the appeal reconsidered by the board must apply for a hearing by filing a written application with the building official not later than fifteen (15) days following receipt of the notice. Not later than thirty (30) days after application for a hearing, the board shall schedule a hearing and shall provide the appellant no less than ten (10) days written notice of the hearing. At the hearing, the appellant or his or her representative may present any evidence relevant to the appeal. The board shall reevaluate the appeal. In considering the appeal, the board may obtain an inspection report from the department. Written notice of the board's determination shall be given to the appellant. The determination of the board shall be the final administrative remedy.
C. To challenge the board's decision in court, the appellant must first present a claim to the city in accordance with Section 3.04.070 of this code, within one year of when the appeal is denied. (Ord. 2010-036 § 10; Ord. 2005-020 § 2)
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