The purpose of this article is to assure repayment to the city by directly benefitted property owners for connections to trunk sewers abutting properties not otherwise adequately served by the public sewer system, where such trunk sewers have been built at public expense and where the property owners directly connecting thereto receive benefits in excess of those accruing to the general area served by the trunk sewer; and further to require payment to the city for connection to main sewers where the owners and/or developers of connected and directly benefitted property have not paid for their proportionate share of the cost of construction of the main sewer.
A. Application. This article shall not apply to connections to existing sewers within the boundaries of the incorporated area of the city, as said boundaries existed on April 12, 1948, as outlined in the map thereof on file in the office of the city engineer.
B. Payment. Prior to issuance of a sewer connection permit for properties desiring to connect directly to the aforementioned trunk sewers, or main sewers, the persons desiring to connect thereto shall pay to the city a cost determined annually by council resolution under Section 13.08.750. It is the intent of this article to provide that property owners directly benefitted by the construction of trunk or main sewers at a location where they may connect directly thereto without extension of the public sewer, shall pay to the city the costs which they would normally have incurred were they to have constructed, or to have participated in the construction of, sewer facilities to serve their property. Single-family residences within the city limits of the city which are permitted to connect to an existing sanitary sewer line may have their charges set on the tax roll if they so elect. The procedure of the short form of the 1911 Act assessment as set forth in the Street and Highways Code, Chapter 27 shall be followed. The limits imposed are a minimum annual payment to the city of fifty dollars ($50.00), with the repayment of all charges, with interest, to be completed in not more than five years.
C. Exceptions. The provisions of this article shall apply to connection to existing main or trunk sewer lines with the following exceptions:
1. Those sewers constructed under the provisions of either the short or long form of the 1911 Act of the state of California Streets and Highways Code where assessments are or have been made on the basis of benefits;
2. Sewer connections of the existing single family dwellings in those areas which are deemed by the council to be unable to finance public sewer improvements and described as such by council resolution, said boundaries being as outlined on maps thereof on file in the city engineer's office;
4. Sewers constructed under council annexation agreements;
5. Sewers constructed pursuant to approved development agreements.
D. Disposition of Funds. All monies received as a result of this section shall be deposited into the sanitation fund of the city. No monies received as a result of this chapter shall be repayable to any developer or property owner who has constructed main sewers for the benefit of his property. Such repayments shall be made only when the developer or property owner has fully complied with the provisions of Section 13.08.180. Further, no developer or property owners shall have the right to sell, lease, assign, or otherwise purport to convey sewer connection rights to any main sewer for other than directly benefitted properties owned by said developer at the time of design approval by the city. (Ord. 2006-02 (part), 2006: Prior code § 4215)